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S.F. No. 235 - Firearms; Reporting of Information (The Second Engrossment)
 
Author: Senator Ron Latz
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: May 15, 2013



 

Section 1 directs the commissioner of Corrections to transfer fingerprint records of offenders transferred to the custody of the commissioner from another state to the Bureau of Criminal Apprehension (BCA) or National Instant Criminal Background Check System (NICS) by electronic entry within 24 hours of receiving the fingerprints. If the BCA receives data under this section in nonelectronic format, the commissioner must convert that record into electronic format for entry into the searchable database within three business days of receiving the record.

Section 2 directs a court to submit a mental health adjudication to NICS within three business days of issuing the ruling if it affects a mentally ill person’s right to possess firearms.

Section 3 compels local law enforcement agencies to submit electronic fingerprint records to state searchable databases within 24 hours of taking the fingerprints.

Section 4 directs the BCA to convert paper records of fingerprints, thumbprints, and other identification data into electronic format within three business days of receiving the data.

Section 5 directs the BCA to enter alias data for persons listed in the BCA’s offender database within three business days of the BCA becoming aware of the new identifying data.

Section 6 directs sheriffs and the commissioner of Corrections to enter specified data about soon-to-be-released offenders into a bureau-managed offender database. This transfer must occur within 24 hours of the offender’s release.

Section 7 authorizes the superintendent of the BCA to require the court administrator to provide the BCA with the sentence for each felony, gross misdemeanor, and targeted misdemeanor case within 24 hours of disposition of the case.

Section 8 requires courts  to provide notice to a person of their mental health civil commitment firearms disqualification.

Section 9 adds a new subdivision to section 624.713 directing the courts to notify NICS whenever the court places a person (adult or juvenile), who is charged with committing a crime of violence, into a pretrial diversion program before disposition. The court must notify NICS of both the person’s placement and the ordered expiration date of the program, and when the person completes the program the prosecuting attorney must notify NICS of that fact in a timely manner. Section 624.713 prohibits such a person from possessing firearms until successfully completing the pretrial diversion program.

Section 10 establishes a September 1, 2013, deadline for courts and criminal justice agencies to enter data on civil commitments from January 1, 1994, to September 28, 2010, and felony convictions from 2008 to 2012, if those records have not already been submitted to the appropriate searchable databases.

Section 11 directs the criminal and juvenile justice information policy group to submit a report to the legislature recommending how to improve the search capabilities of BCA managed databases. The group shall also report on the progress of reducing the number of files in suspense. The group shall also consult with the Revisor on other statutory changes needed to implement this bill and the group’s legislative recommendations.

KPB/tg

 
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