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2014 SESSION
14101407DBe it enacted by the General Assembly of Virginia:
1. That §§ 37.2-819 and 64.2-2012, as it is currently effective and as it shall become effective, of the Code of Virginia are amended and reenacted as follows:
§ 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
A. The district court judge or special justice shall forward any order from a commitment hearing issued pursuant to this chapter for involuntary admission or involuntary outpatient treatment to the clerk of the circuit court for the county or city where the hearing took place as soon as practicable but no later than the close of business on the next business day following the completion of the hearing.
B. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for involuntary admission to a facility, the clerk of the circuit court shall, as soon as practicable but not later than the close of business on the next following business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of the order. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for mandatory outpatient treatment, the clerk of the circuit court shall, prior to the close of that business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the exchange, a copy of the order.
B. C. The
clerk of the circuit court shall also, as soon
as practicable but no later than the close of business on the next following
business day, forward upon receipt to the Central Criminal Records Exchange, on
a form provided by the Exchange, certification of any person who has been the
subject of a temporary detention order pursuant to § 37.2-809, and who, after
being advised by the judge or special justice that he will be prohibited from
possessing a firearm pursuant to § 18.2-308.1:3, subsequently agreed to
voluntary admission pursuant to § 37.2-805.
C. D. The
copy of the forms and orders sent to the Central Criminal Records Exchange
pursuant to subsection A B, and the forms and
certifications sent to the Central Criminal Records Exchange regarding
voluntary admission pursuant to subsection B C, shall be kept confidential
in a separate file and used only to determine a person's eligibility to
possess, purchase, or transfer a firearm. No medical records shall be forwarded
to the Central Criminal Records Exchange with any form, order, or certification
required by subsection A or
B or C. The Department of State
Police shall forward only a person's eligibility to possess, purchase, or
transfer a firearm to the National Instant Criminal Background Check System.
§ 64.2-2014. (Effective until July 1, 2014) Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practical, but no later than the close of business on the next business day following the completion of the hearing. The clerk shall properly index the findings in the index to deed books by reference to the order book and page whereon the order is spread and shall immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Secretary of the State Board of Elections with the information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to the local department of social services of the jurisdiction where the person then resides. If a guardianship is terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social services to which the original order of appointment was forwarded and, if different, to the local department of social services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as
practical but no later than the close of business on the following business
day, certify and forward forthwith
to the Central Criminal Records Exchange, on a form
provided by the Exchange, a copy of any order adjudicating a person
incapacitated under this article, any order appointing a conservator or
guardian pursuant to § 64.2-2115, and any order of restoration of capacity
under § 64.2-2012. The copy of the form and the order shall be kept
confidential in a separate file and used only to determine a person's
eligibility to possess, purchase, or transfer a firearm.
§ 64.2-2014. (Effective July 1, 2014) Clerk to index findings of incapacity or restoration; notice of findings.
A. A copy of the court's findings that a person is incapacitated or has been restored to capacity, or a copy of any order appointing a conservator or guardian pursuant to § 64.2-2115, shall be filed by the judge with the clerk of the circuit court for the county or city where the hearing took place as soon as practical, but no later than the close of business on the next business day following the completion of the hearing. The clerk shall properly index the findings in the index to deed books by reference to the order book and page whereon the order is spread and shall immediately notify the Commissioner of Behavioral Health and Developmental Services in accordance with § 64.2-2028, the commissioner of accounts in order to ensure compliance by a conservator with the duties imposed pursuant to §§ 64.2-2021, 64.2-2022, 64.2-2023, and 64.2-2026, and the Commissioner of Elections with the information required by § 24.2-410. If a guardian is appointed, the clerk shall forward a copy of the court order to the local department of social services of the jurisdiction where the person then resides. If a guardianship is terminated or otherwise modified, the clerk shall forward a copy of the court order to the local department of social services to which the original order of appointment was forwarded and, if different, to the local department of social services in the jurisdiction where the person then resides.
B. The clerk shall, as soon as
practical but no later than the close of business on the following business
day, certify and forward forthwith
to the Central Criminal Records Exchange, on a form
provided by the Exchange, a copy of any order adjudicating a person
incapacitated under this article, any order appointing a conservator or
guardian pursuant to § 64.2-2115, and any order of restoration of capacity
under § 64.2-2012. The copy of the form and the order shall be kept
confidential in a separate file and used only to determine a person's
eligibility to possess, purchase, or transfer a firearm.