Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 109 (2015GS)

Sponsor

Sen. Thatcher, D.

Final action

Governor Signed 3/20/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• adds language allowing a court to take evidence regarding a person's reputation and character to the provisions for removal from the National Instant Check System database.

Every vote on this bill

Bill text

REMOVAL FROM DATABASE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Daniel W. Thatcher
House Sponsor: 
Rich Cunningham
LONG TITLE
General Description:
This bill adds language regarding a person's reputation to the statute on removing a
person from the National Instant Check System database.
Highlighted Provisions:
This bill:
▸ adds language allowing a court to take evidence regarding a person's reputation and
character to the provisions for removal from the National Instant Check System
database.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
76-10-532
, as enacted by Laws of Utah 2013, Chapter 424
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
76-10-532
 is amended to read:
76-10-532.
Removal from National Instant Check System database.
(1) A person who is subject to the restrictions in Subsection 
76-10-503
(1)(b)(v), (vi),
or (vii), or 18 U.S.C. 922(d)(4) and (g)(4) based on a commitment, finding, or adjudication that
occurred in this state may petition the district court in the county in which the commitment,
finding, or adjudication occurred to remove the disability imposed.
(2) The petition shall be filed in the district court in the county where the commitment,
finding, or adjudication occurred. The petition shall include:
(a) a listing of facilities, with their addresses, where the petitioner has ever received
mental health treatment;
(b) a release signed by the petitioner to allow the prosecutor or county attorney to
obtain the petitioner's mental health records;
(c) a verified report of a mental health evaluation conducted by a licensed psychiatrist
occurring within 30 days prior to the filing of the petition, which shall include a statement
regarding:
(i) the nature of the commitment, finding, or adjudication that resulted in the restriction
on the petitioner's ability to purchase or possess a dangerous weapon;
(ii) the petitioner's previous and current mental health treatment;
(iii) the petitioner's previous violent behavior, if any;
(iv) the petitioner's current mental health medications and medication management;
(v) the length of time the petitioner has been stable;
(vi) external factors that may influence the petitioner's stability;
(vii) the ability of the petitioner to maintain stability with or without medication; and
(viii) whether the petitioner is dangerous to public safety; and
(d) a copy of the petitioner's state and federal criminal history record.
(3) The petitioner shall serve the petition on the prosecuting entity that prosecuted the
case or, if the disability is not based on a criminal case, on the county or district attorney's
office having jurisdiction where the petition was filed and the individual who filed the original
action which resulted in the disability.
(4) The court shall schedule a hearing as soon as practicable. The petitioner may
present evidence and subpoena witnesses to appear at the hearing. The prosecuting, county
attorney, or the individual who filed the original action which resulted in the disability may
object to the petition and present evidence in support of the objection.
(5) The court shall consider the following evidence:
(a) the facts and circumstances that resulted in the commitment, finding, or
adjudication; [
and
]
(b) the person's mental health and criminal history records[
.
]
; and
(c) the person's reputation, including the testimony of character witnesses.
(6) The court shall grant the relief if the court finds by clear and convincing evidence
that:
(a) the person is not a danger to the person or to others;
(b) the person is not likely to act in a manner dangerous to public safety; and
(c) the requested relief would not be contrary to the public interest.
(7) The court shall issue an order with its findings and send a copy to the bureau.
(8) The bureau, upon receipt of a court order removing a person's disability under
Subsection 
76-10-503
(1)(b)(vii), shall send a copy of the court order to the National Instant
Check System requesting removal of the person's name from the database. In addition, if the
person is listed in a state database utilized by the bureau to determine eligibility for the
purchase or possession of a firearm or to obtain a concealed firearm permit, the bureau shall
remove the petitioner's name or send a copy of the court's order to the agency responsible for
the database for removal of the petitioner's name.
(9) If the court denies the petition, the petitioner may not petition again for relief until
at least two years after the date of the court's final order.
(10) The petitioner may appeal a denial of the requested relief. The review on appeal
shall be de novo.