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DE HB376
Bill
Status
4/19/2018
Primary Sponsor
Andria Bennett
Click for details
AI Summary
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Restructures the Relief from Disabilities Board to include a chair appointed by the Governor for 4 years, a licensed psychiatrist appointed by the Secretary of Health and Social Services for 3 years, and an individual appointed by the Secretary of Safety and Homeland Security for 3 years, with all appointments requiring Senate confirmation.
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Changes the standard of proof for granting relief from firearms disabilities from "preponderance of the evidence" to "substantial evidence" and requires the Board to issue written decisions with detailed findings of fact and conclusions of law.
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Provides denied petitioners with two appeal options in Superior Court: de novo judicial review or appeal on the record, with appeals to be filed within 90 days of the Board's written decision.
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Requires institutions to transmit information about individuals declared guilty but mentally ill to the Federal Bureau of Investigation's National Instant Criminal Background Check System (NICS) for federal firearms background check compliance.
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Mandates that voluntary psychiatric patients be informed orally and in writing within 24 hours of their rights and options as voluntary patients, and clarifies that emergency detention does not constitute involuntary commitment for legal purposes.
Legislative Description
An Act To Amend Title 11 And Title 16 Of The Delaware Code Relating To Health And Safety.
Last Action
Amendment HA 1 to HB 376 - Introduced and Placed With Bill
5/1/2018