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Developed and maintained by the Division of Legislative Automated Systems.
2014 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-819 and 64.2-2014, 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 mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check.
A. The order from a commitment hearing issued pursuant to this chapter for involuntary admission or mandatory outpatient treatment and the 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 shall be filed by the judge or special justice with the clerk of the district 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 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 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
Exchange, a copy of the order.
B. C. The clerk of 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 practicable, 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 practicable, but no later
than the close of business on the following business day, certify and
forward forthwith upon receipt 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 practicable, 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 practicable, but no later
than the close of business on the following business day, certify and
forward forthwith upon receipt 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.