SB1681113th GA (Historical)Introduced

Amends TCA Title 16; Title 18; Title 33 and Title 68.

Present law provides that, if a service recipient is involuntarily committed to an inpatient treatment facility, then the inpatient treatment facility must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who must report the service recipient to the FBI-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with federal law. This bill defines "local law enforcement" to mean the municipal police or county sheriff with jurisdiction over the location where (i) the service recipient permanently resides, if the service recipient is a resident of this state or (ii) the inpatient treatment facility is located, if the service recipient is not a resident of this state. NOTICE TO COURT CLERK This bill provides that a court clerk who maintains records of the adjudication as a mental defective or judicial commitment to a mental institution pursuant to provisions of law relative to judicial procedures for residential treatment and review of transfers of a person who is a resident of this state must send notice of the adjudication or commitment to the clerk of court in the county of the person's permanent residence no later than five business days after the date adjudication as a mental defective is made or judicial commitment is ordered. REPORTING BY HOSPITAL Present law provides that, if a patient is involuntarily committed to inpatient treatment at a licensed hospital, then the hospital must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who must report the service recipient to the FBI-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with federal law. ON FEBRUARY 22, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1681, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that, as of October 1, 2024, if a person is ordered into involuntary commitment under state law relative to mental health services, then this amendment requires the chief officer of the releasing facility to notify, by electronic means, local law enforcement prior to such release. As used in this amendment, "local law enforcement" means the county sheriff with jurisdiction over the location (i) where the service recipient permanently resides, if the service recipient is a resident of this state; or (ii) where the inpatient treatment facility is located, if the service recipient is not a resident of this state. ON MARCH 21, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1681 FOR HOUSE BILL 2061, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1681, AS AMENDED. AMENDMENT #1 revises the definition of a "local law enforcement" to mean the county sheriff with jurisdiction over the location (i) where the service recipient permanently resides, if the service recipient is a resident of this state; and (ii) where the inpatient treatment facility is located, if the service recipient is not a resident of this state.

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Overview

Present law provides that, if a service recipient is involuntarily committed to an inpatient treatment facility, then the inpatient treatment facility must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who must report the service recipient to the FBI-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with federal law. This bill defines "local law enforcement" to mean the municipal police or county sheriff with jurisdiction over the location where (i) the service recipient permanently resides, if the service recipient is a resident of this state or (ii) the inpatient treatment facility is located, if the service recipient is not a resident of this state. NOTICE TO COURT CLERK This bill provides that a court clerk who maintains records of the adjudication as a mental defective or judicial commitment to a mental institution pursuant to provisions of law relative to judicial procedures for residential treatment and review of transfers of a person who is a resident of this state must send notice of the adjudication or commitment to the clerk of court in the county of the person's permanent residence no later than five business days after the date adjudication as a mental defective is made or judicial commitment is ordered. REPORTING BY HOSPITAL Present law provides that, if a patient is involuntarily committed to inpatient treatment at a licensed hospital, then the hospital must report the service recipient to local law enforcement as soon as practicable, but no later than the third business day following the date of such commitment, who must report the service recipient to the FBI-NICS Index and the department of safety as soon as practicable, but no later than the third business day following the date of receiving such notification, for the purposes of complying with federal law. ON FEBRUARY 22, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1681, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, provide that, as of October 1, 2024, if a person is ordered into involuntary commitment under state law relative to mental health services, then this amendment requires the chief officer of the releasing facility to notify, by electronic means, local law enforcement prior to such release. As used in this amendment, "local law enforcement" means the county sheriff with jurisdiction over the location (i) where the service recipient permanently resides, if the service recipient is a resident of this state; or (ii) where the inpatient treatment facility is located, if the service recipient is not a resident of this state. ON MARCH 21, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1681 FOR HOUSE BILL 2061, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 1681, AS AMENDED. AMENDMENT #1 revises the definition of a "local law enforcement" to mean the county sheriff with jurisdiction over the location (i) where the service recipient permanently resides, if the service recipient is a resident of this state; and (ii) where the inpatient treatment facility is located, if the service recipient is not a resident of this state.

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 9, 2024

Subjects
3140313522901105

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SB1681: Amends TCA Title 16; Title 18; Title 33 and Title 68. | LegisGo