S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4454
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M. of A. LAVINE, SIMON, SEAWRIGHT, COLTON -- Multi-Spon-
   sored by -- M. of A. GALEF -- read once and referred to the  Committee
   on Judiciary
 
 AN  ACT  to  amend  the  judiciary  law  and  the mental hygiene law, in
   relation to requiring a recent psychiatric evaluation of a  petitioner
   seeking relief from firearms disabilities

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (q) of subdivision 2 of section 212 of the  judi-
 ciary  law,  as  amended by chapter 1 of the laws of 2013, is amended to
 read as follows:
   (q) (I) Adopt rules to require transmission, to the  criminal  justice
 information  services division of the federal bureau of investigation or
 to the division of criminal justice services,  of  the  name  and  other
 identifying  information of each person who has a guardian appointed for
 him or her pursuant to any provision of state law, based on  a  determi-
 nation  that  as  a  result  of  marked  subnormal  intelligence, mental
 illness, incapacity, condition or disease, he or she  lacks  the  mental
 capacity  to contract or manage his or her own affairs. Any such records
 transmitted directly to the federal bureau of investigation must also be
 transmitted to the  division  of  criminal  justice  services,  and  any
 records  received  by the division of criminal justice services pursuant
 to this paragraph may be  checked  against  the  statewide  license  and
 record database.
   (II)  ADOPT  RULES TO ESTABLISH A RELIEF FROM DISABILITIES PROGRAM FOR
 THOSE INDIVIDUALS WHO HAVE HAD GUARDIANS  APPOINTED  FOR  THEM  AND  WHO
 WOULD  OTHERWISE BE PROHIBITED FROM PURCHASING OR POSSESSING FIREARMS AS
 A RESULT OF TRANSMISSION OF INFORMATION PURSUANT TO SUBPARAGRAPH (I)  OF
 THIS  PARAGRAPH. SUCH RULES SHALL REQUIRE SUBMISSION OF A RECENT PSYCHI-
 ATRIC EVALUATION OF THE  PETITIONER  FOR  SUCH  RELIEF  BY  A  QUALIFIED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07877-01-7
              

 A. 4454                             2
 
 PSYCHIATRIST,  UNLESS THE PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT
 THE ORIGINAL DISQUALIFICATION WAS ISSUED IN ERROR.
   §  2.  Subdivision  (j)  of section 7.09 of the mental hygiene law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (j) (1) The commissioner, in cooperation with other  applicable  state
 agencies,  shall  collect,  retain  or modify data or records, and shall
 transmit such data or records: (i) to the division of  criminal  justice
 services,  or  to  the criminal justice information services division of
 the federal bureau of investigation, for the purposes of  responding  to
 queries to the national instant criminal background check system regard-
 ing  attempts  to  purchase or otherwise take possession of firearms, as
 defined in 18 USC 921(a)(3), in accordance with applicable federal  laws
 or  regulations,  or  (ii) to the division of criminal justice services,
 which may re-disclose such data and records only for determining whether
 a license issued pursuant to section 400.00 of the penal law  should  be
 denied,  suspended or revoked, under subdivision eleven of such section,
 or for determining whether a person is no longer permitted under federal
 or state law to possess a firearm. Such records, which may not  be  used
 for  any  other purpose, shall include only names and other non-clinical
 identifying information of persons who have been involuntarily committed
 to a hospital pursuant to article nine of this chapter, or section  four
 hundred  two  or  subdivision  two  of section five hundred eight of the
 correction law, or article seven hundred thirty or section 330.20 of the
 criminal procedure law or sections 322.2 or 353.4 of  the  family  court
 act,  or  to a secure treatment facility pursuant to article ten of this
 chapter.
   (2) The commissioner shall  establish  within  the  office  of  mental
 health  an administrative process to permit a person who has been or may
 be disqualified from possessing  such  a  firearm  pursuant  to  18  USC
 922(4)(d) or who has been or may be disqualified from continuing to have
 a  license  to  carry,  possess,  repair,  or dispose of a firearm under
 section 400.00 of the penal law because such  person  was  involuntarily
 committed  or  civilly  confined to a facility under the jurisdiction of
 the commissioner, to petition for relief from that disability where such
 person's record and reputation are such that such  person  will  not  be
 likely  to  act  in  a  manner  dangerous to public safety and where the
 granting of the relief would not  be  contrary  to  public  safety.  The
 commissioner  shall  promulgate regulations to establish the relief from
 disabilities program, which  shall  include,  but  not  be  limited  to,
 provisions  providing  for: (i) an opportunity for a disqualified person
 to petition for relief in writing; (ii) SUBMISSION OF A RECENT PSYCHIAT-
 RIC EVALUATION OF THE PETITIONER BY A QUALIFIED PSYCHIATRIST, UNLESS THE
 PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT  THE  ORIGINAL  DISQUALI-
 FICATION  WAS  ISSUED  IN  ERROR;  (III) the authority for the agency to
 require that the petitioner  undergo  a  clinical  evaluation  and  risk
 assessment; and [(iii)] (IV) a requirement that the agency issue a deci-
 sion  in writing explaining the reasons for a denial or grant of relief.
 The denial of a petition for relief from disabilities may be reviewed de
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
   §  3.  Subdivision  (g) of section 13.09 of the mental hygiene law, as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (g) (1) The commissioner, in cooperation with other  applicable  state
 agencies,  shall  collect,  retain  or modify data or records, and shall
 transmit such data or records to: (i) the division of  criminal  justice
 services,  or  to  the criminal justice information services division of

 A. 4454                             3
 
 the federal bureau of investigation, for the purposes of  responding  to
 queries to the national instant criminal background check system regard-
 ing  attempts  to  purchase or otherwise take possession of firearms, as
 defined  in 18 USC 921(a)(3), in accordance with applicable federal laws
 or regulations, or (ii) to the division of  criminal  justice  services,
 for  the  purposes  of  determining whether a license issued pursuant to
 section 400.00 of the penal law should be denied, suspended or  revoked,
 under  subdivision  eleven of such section, or for determining whether a
 person is no longer permitted under federal or state law  to  possess  a
 firearm.  Such  records  shall include only names and other non-clinical
 identifying information of persons who have had a guardian appointed for
 them pursuant to any provision of state law, based  on  a  determination
 that as a result of marked subnormal intelligence, mental illness, inca-
 pacity,  condition or disease, they lack the mental capacity to contract
 or manage their own affairs, and persons  who  have  been  involuntarily
 committed  to a facility pursuant to article fifteen of this chapter, or
 article seven hundred thirty or section 330.20 of the criminal procedure
 law or sections 322.2 or 353.4 of the family court act.
   (2) The commissioner shall establish within the office for people with
 developmental disabilities an administrative process to permit a  person
 who  has  been  or  may  be  disqualified from possessing such a firearm
 pursuant to 18 USC 922(4)(d), or who has been  or  may  be  disqualified
 from  continuing to have a license to carry, possess, repair, or dispose
 of a firearm under section 400.00 of the penal law because  such  person
 was  involuntarily committed or civilly confined to a facility under the
 jurisdiction of the commissioner, to petition for relief from that disa-
 bility where such person's record and  reputation  are  such  that  such
 person  will not be likely to act in a manner dangerous to public safety
 and where the granting of the relief would not  be  contrary  to  public
 safety.  The  commissioner shall promulgate regulations to establish the
 relief from disabilities program, which shall include, but not be limit-
 ed to, provisions providing for: (i) an opportunity for  a  disqualified
 person  to  petition  for relief in writing; (ii) SUBMISSION OF A RECENT
 PSYCHIATRIC EVALUATION OF THE PETITIONER BY  A  QUALIFIED  PSYCHIATRIST,
 UNLESS  THE  PETITIONER SUBMITS EVIDENCE DEMONSTRATING THAT THE ORIGINAL
 DISQUALIFICATION WAS ISSUED IN ERROR; (III) the authority for the agency
 to require that the petitioner undergo a clinical  evaluation  and  risk
 assessment; and [(iii)] (IV) a requirement that the agency issue a deci-
 sion  in writing explaining the reasons for a denial or grant of relief.
 The denial of a petition for relief from disabilities may be reviewed de
 novo pursuant to the proceedings  under  article  seventy-eight  of  the
 civil practice law and rules.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date upon which it shall have become a law.