Senate File 456 - Enrolled




                                        Senate File 456

                             AN ACT
 RELATING TO PERSONS PROHIBITED FROM POSSESSING OR RECEIVING
    FIREARMS BECAUSE OF MENTAL HEALTH COMMITMENTS OR
    ADJUDICATIONS AND TO PETITIONS FOR RELIEF FROM SUCH
    PROHIBITIONS, AND INCLUDING EFFECTIVE DATE AND APPLICABILITY
    PROVISIONS.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  Section 724.31, Code 2011, is amended by striking
 the section and inserting in lieu thereof the following:
    724.31  Persons subject to firearm disabilities due to mental
 health commitments or adjudications ==== relief from disabilities
 ==== reports.
    1.  When a court issues an order or judgment under the
 laws of this state by which a person becomes subject to the
 provisions of 18 U.S.C. { 922(d)(4) and (g)(4), the clerk of
 the district court shall forward only such information as is
 necessary to identify the person to the department of public
 safety, which in turn shall forward the information to the
 federal bureau of investigation or its successor agency for
 the sole purpose of inclusion in the national instant criminal
 background check system database.  The clerk of the district
 court shall also notify the person of the prohibitions imposed
 under 18 U.S.C. { 922(d)(4) and (g)(4).
    2.  A person who is subject to the disabilities imposed by 18
 U.S.C. { 922(d)(4) and (g)(4) because of an order or judgment
 that occurred under the laws of this state may petition
 the court that issued the order or judgment or the court
 in the county where the person resides for relief from the
 disabilities imposed under 18 U.S.C. { 922(d)(4) and (g)(4).
 A copy of the petition shall also be served on the director of
 human services and the county attorney at the county attorney's
 office of the county in which the original order occurred, and
 the director or the county attorney may appear, support, object
 to, and present evidence relevant to the relief sought by the
 petitioner.
    3.  The court shall receive and consider evidence in a closed
 proceeding, including evidence offered by the petitioner,
 concerning all of the following:
    a.  The circumstances surrounding the original issuance of
 the order or judgment that resulted in the firearm disabilities
 imposed by 18 U.S.C. { 922(d)(4) and (g)(4).
    b.  The petitioner's record, which shall include, at a
 minimum, the petitioner's mental health records and criminal
 history records, if any.
    c.  The petitioner's reputation, developed, at a minimum,
 through character witness statements, testimony, and other
 character evidence.
    d.  Any changes in the petitioner's condition or
 circumstances since the issuance of the original order or
 judgment that are relevant to the relief sought.
    4.  The court shall grant a petition for relief filed
 pursuant to subsection 2 if the court finds by a preponderance
 of the evidence that the petitioner will not be likely to
 act in a manner dangerous to the public safety and that the
 granting of the relief would not be contrary to the public
 interest.  A record shall be kept of the proceedings, but the
 record shall remain confidential and shall be disclosed only to
 a court in the event of an appeal.  The petitioner may appeal
 a denial of the requested relief, and review on appeal shall
 be de novo.  A person may file a petition for relief under
 subsection 2 not more than once every two years.
    5.  If a court issues an order granting a petition for relief
 filed pursuant to subsection 2, the clerk of the court shall
 immediately notify the department of public safety of the
 order granting relief under this section.  The department of
 public safety shall, as soon thereafter as is practicable but
 not later than ten business days thereafter, update, correct,
 modify, or remove the petitioner's record in any database that
 the department of public safety makes available to the national
 instant criminal background check system and shall notify the
 United States department of justice that the basis for such
 record being made available no longer applies.
    Sec. 2.  APPLICABILITY.  The state court administrator shall
 coordinate with the department of public safety to forward
 only such information as is necessary to identify a person
 subject to an order or judgment specified in section 724.31,
 subsection 2, for any such order or judgment that was issued
 prior to the effective date of this Act, and which is available
 electronically in the Iowa court information system.  Such
 information shall be forwarded to the department of public
 safety, which in turn shall forward the information to the
 federal bureau of investigation or its successor agency for
 the sole purpose of inclusion in the national instant criminal
 background check system database, as soon as practical, but not
 later than December 31, 2011.  Within five days of completion
 of the forwarding of information required by this section of
 this Act, the department of public safety shall give notice to
 the Code editor that the requirements of this section of this
 Act have been fulfilled.
    Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of
 immediate importance, takes effect upon enactment.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               KRAIG PAULSEN
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 456, Eighty=fourth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2011


                                                             
                               TERRY E. BRANSTAD
                               Governor

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