Assigned to HEA                                                                                        AS PASSED BY THE SENATE

 

 

 

ARIZONA STATE SENATE

Phoenix, Arizona

 

REVISED

FACT SHEET FOR S.B. 1108

 

mentally ill; disclosure of information

 

Purpose

 

            Requires the superior court to transmit specified information, when a person is a danger to himself or others and is involuntarily committed, to the Department of Public Safety (DPS) to comply with statutes relating to weapon background checks, concealed weapon permits and security guard licensing.

 

Background

 

            Pursuant to Arizona statute, mental health commitment is a cause for revocation of a concealed weapon permit and is a reason to deny an individual permission to purchase a weapon.  However, information disclosed in a commitment hearing is confidential and may only be accessed by specified parties.  Currently, DPS is not one of the parties eligible to receive confidential records.

 

Since DPS is responsible for maintaining information related to weapons purchases and permits, the lack of information can lead to incomplete or inaccurate records at DPS.  During 2000, DPS received 126,000 firearms clearance requests.  Concealed weapon permits are also processed through DPS and are valid for four years.  Currently, 61,000 people in Arizona have concealed weapon permits.  S.B. 1108 allows DPS to comply with existing laws relating to concealed weapon permits, weapon background checks and security guard licensing.

           

            The fiscal impact on S.B. 1108 is unknown.

 

Provisions

 

1.      Requires a superior court to transmit the name, date of birth, social security number and date of commitment to DPS when a person is a danger to himself or others as a result of a mental disorder and is involuntarily committed.

 

2.      Requires the superior court to transmit the court ordered termination of treatment date to DPS.

 

3.      Allows DPS to access confidential mental health records to comply with statutes relating to weapon background checks, concealed weapon permits and security licensing.

 

4.      Makes technical corrections.

 

5.      Contains a delayed effective date of September 1, 2002.

Amendments Adopted by Committee

 

1.      Requires a superior court to transmit the name, date of birth, social security number and date of commitment to DPS when a person is involuntarily committed.

 

2.      Allows DPS to access confidential mental health records to comply with statutes relating to weapon background checks, concealed weapon permits and security licensing.

 

Amendments Adopted by Committee of the Whole

 

1.      Limits the information transmitted by a superior court to DPS to cases in which the superior court has found a person is a danger to himself or others as a result of a mental disorder.

 

2.      Requires the superior court to transmit the court ordered termination of treatment date to DPS.

 

3.      Contains a delayed effective date of September 1, 2002.

 

Senate Action

 

HEA                3/6/01              DPA    5-3-0-0

3rd Read           3/20/01                        28-2-0-0

 

 

Prepared by Senate Staff

March 21, 2001