HOUSE BILL NO. 374
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2
AND SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO INVOLUNTARY COMMITMENT RECORD CHECKS FOR SALES OF FIREARMS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend §51610)(7), Title 16 of the Delaware Code by striking the third paragraph in its entirety and in lieu thereof substituting the following:
"No information reported to the Division and no clinical records maintained with respect to patients shall be public record, and such information shall not be released to any person or agency outside of the Division except as follows:
a. Pursuant to an Order of a court of record;
b. To attorneys representing the patient;
c. With the consent of the patient or someone authorized to act on his behalf;
d. To the State Bureau of Identification pursuant to subsection (8) of this section and 11 Del. C. §8509; and
e. Where the patient has been transferred to an institution outside of the Division of Alcoholism, Drug Abuse and Mental Health."
Section 2. Amend §8509, Title 11 of the Delaware Code by striking the first sentence in its entirety and in lieu thereof substituting the following:
"Every person in responsible charge of an institution to which there are committed individuals convicted of crime, persons declared to be not guilty by reason of mental illness, declared incompetent to stand trial for criminal offenses or involuntarily committed for mental illness pursuant to Title 16, Chapter 50, shall transmit to the Bureau the names, dates of birth, and social security numbers of all adults so committed and shall report any subsequent change in release status."
Section 3. Amend §1448A, Title 11 of the Delaware Code by striking the phrase "criminal history" as it appears therein and in lieu thereof substituting "criminal history and involuntary commitment of an adult".
Section 4. Amend §5161(a), Title 16 of the Delaware Code by redesignating the current subsection (8) as subsection (9) and by creating a new subsection (8) to read as follows:
"(8) Delaware State Hospital, and any other hospital as defined in 16 Del. C. §5001(2) shall submit the names, dates of birth and social security numbers of adults who are involuntarily committed to the State Bureau of Identification pursuant to 11 Del. C §1449A."
Approved May 20, 1994.