Amends TCA Title 16; Title 39 and Title 40.

ADJUDICATION AS MENTAL DEFECTIVE IN CIRCUIT OR CRIMINAL COURTS Present law requires those circuit courts or criminal courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial by a court in a criminal proceeding. Under present law and for purposes of this bill, "adjudicated as a mental defective" means a determination by a court that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) is a danger to such person or to others; or (ii) lacks the ability to contract or manage such person's own affairs due to mental defect. ADJUDICATION AS MENTAL DEFECTIVE IN CHANCERY COURTS Present law requires those chancery courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court. ADJUDICATION AS MENTAL DEFECTIVE IN GENERAL SESSIONS COURTS Present law requires clerks of the general sessions courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to collect information regarding adjudications of persons as mental defectives, to be reported to the FBI-NICS index and the department of safety. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court. ADJUDICATION AS MENTAL DEFECTIVE IN COUNTY COURTS Present law requires county or probate courts wherein commitments to a mental institution are ordered or persons are adjudicated as mental defectives to enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. A person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court. DEFINITION OF ADJUDICATED AS MENTAL DEFECTIVE UNDER CRIMINAL LAW Under present law, a person may be adjudicated as a mental defective by a number of methods, including by a finding of insanity by a court in a criminal proceeding. This bill expands this provision so that a person may also be adjudicated as a mental defective based on a finding that a person is incompetent to stand trial in a criminal court. CARRYING A FIREARM - JUDICIALLY COMMITTED Present law provides that a person commits a Class B misdemeanor who carries, with the intent to go armed, a firearm and has been adjudicated as a mental defective judicially committed to or hospitalized in a mental institution, or had a court appoint a conservator for the person by reason of a mental defect. A Class B misdemeanor is punishable by a maximum term of imprisonment of six months, a maximum fine of $500, or both, unless otherwise provided by statute. This bill deletes these provisions. POSSESSES A FIREARM - JUDICIALLY COMMITTED This bill provides that a person commits a Class A misdemeanor who possesses a firearm and has been adjudicated as a mental defective, judicially committed to or hospitalized in a mental institution, or had a court appoint a conservator for the person by reason of a mental defect. A Class A misdemeanor is punishable by a maximum term of imprisonment of 11 months, 29 days, a maximum fine of $2,500, or both, unless otherwise provided by statute. PURCHASING A FIREARM - JUDICIALLY COMMITTED This bill provides that it is a Class A misdemeanor for a person to knowingly purchase or attempt to purchase a firearm if the person has been judicially committed to a mental institution or adjudicated as a mental defective.