[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 480 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 480

     To improve the effectiveness of the National Instant Criminal 
Background Check System by clarifying reporting requirements related to 
     adjudications of mental incompetency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 6, 2013

  Mr. Graham (for himself, Mr. Begich, Mr. Flake, Mr. Pryor, and Mr. 
    Heller) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
     To improve the effectiveness of the National Instant Criminal 
Background Check System by clarifying reporting requirements related to 
     adjudications of mental incompetency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NICS Reporting Improvement Act of 
2013''.

SEC. 2. DEFINITIONS RELATING TO MENTAL HEALTH.

    (a) Title 18 Definitions.--Chapter 44 of title 18, United States 
Code, is amended--
            (1) in section 921(a), by adding at the end the following:
    ``(36)(A) Subject to subparagraph (B), the term `has been 
adjudicated mentally incompetent or has been committed to a psychiatric 
hospital', with respect to a person--
            ``(i) means the person is the subject of an order or 
        finding by a judicial officer, court, board, commission, or 
        other adjudicative body--
                    ``(I) that was issued after a hearing--
                            ``(aa) of which the person received actual 
                        notice; and
                            ``(bb) at which the person had an 
                        opportunity to participate with counsel; and
                    ``(II) that found that the person, as a result of 
                marked subnormal intelligence, mental impairment, or 
                mental illness--
                            ``(aa) was an imminent danger to himself or 
                        to others;
                            ``(bb) was guilty but mentally ill in a 
                        criminal case;
                            ``(cc) was not guilty in a criminal case by 
                        reason of insanity or mental disease or defect;
                            ``(dd) was incompetent to stand trial in a 
                        criminal case;
                            ``(ee) was not guilty only by reason of 
                        lack of mental responsibility under section 
                        850a of title 10 (article 50a of the Uniform 
                        Code of Military Justice);
                            ``(ff) required involuntary inpatient 
                        treatment by a psychiatric hospital;
                            ``(gg) required involuntary outpatient 
                        treatment by a psychiatric hospital based on a 
                        finding that the person is an imminent danger 
                        to himself or to others; or
                            ``(hh) required involuntary commitment to a 
                        psychiatric hospital for any reason, including 
                        drug use; and
            ``(ii) does not include--
                    ``(I) a person who is in a psychiatric hospital for 
                observation; or
                    ``(II) a voluntary admission to a psychiatric 
                hospital.
    ``(B) In this paragraph, the term `order or finding' does not 
include--
            ``(i) an order or finding that--
                    ``(I) has expired or has been set aside or 
                expunged; or
                    ``(II) requires treatment, supervision, or 
                monitoring of a person, from which treatment, 
                supervision, or monitoring the person has been fully 
                released or discharged;
            ``(ii) an order or finding that is no longer applicable 
        because a judicial officer, court, board, commission, or other 
        adjudicative body has found that the person who is the subject 
        of the order or finding--
                    ``(I) does not present a danger to himself or to 
                others;
                    ``(II) has been restored to sanity or cured of 
                mental disease or defect;
                    ``(III) has been restored to competency; or
                    ``(IV) no longer requires involuntary inpatient or 
                outpatient treatment by, or involuntary commitment to, 
                a psychiatric hospital; or
            ``(iii) an order or finding with respect to which the 
        person who is subject to the order or finding has been found to 
        be rehabilitated or has been granted relief from disabilities 
        through any procedure available under the law of the 
        jurisdiction in which the order or finding was issued.
    ``(37) The term `psychiatric hospital' includes a mental health 
facility, a mental hospital, a sanitarium, a psychiatric facility, and 
any other facility that provides diagnoses by licensed professionals of 
mental retardation or mental illness, including a psychiatric ward in a 
general hospital.''; and
            (2) in section 922--
                    (A) in subsection (d)(4)--
                            (i) by striking ``as a mental defective'' 
                        and inserting ``mentally incompetent''; and
                            (ii) by striking ``any mental institution'' 
                        and inserting ``a psychiatric hospital''; and
                    (B) in subsection (g)(4)--
                            (i) by striking ``as a mental defective or 
                        who has'' and inserting ``mentally incompetent 
                        or has''; and
                            (ii) by striking ``mental institution'' and 
                        inserting ``psychiatric hospital''.
    (b) Technical and Conforming Amendment.--The NICS Improvement 
Amendments Act of 2007 (18 U.S.C. 922 note) is amended--
            (1) by striking ``as a mental defective'' each place that 
        term appears and inserting ``mentally incompetent'';
            (2) by striking ``mental institution'' each place that term 
        appears and inserting ``psychiatric hospital''; and
            (3) in section 102(c)(3)--
                    (A) in the paragraph heading, by striking ``as a 
                mental defective or committed to a mental institution'' 
                and inserting ``mentally incompetent or committed to a 
                psychiatric hospital''; and
                    (B) by striking ``mental institutions'' and 
                inserting ``psychiatric hospitals''.
                                 <all>