HB 376

Abstract

This Act replaces House Bill No. 285 and, in so doing, removes provisions of House Bill No. 285 related to creating an order of relinquishment process for removing firearms or ammunition from an individual subject to a report from a mental health provider under § 5402 of Title 16 as these provisions are now exclusively contained in House Substitute No. 1 for House Bill No. 302. This Act retains provisions of House Bill No. 285 that do the following: (1) Improve the structure and process related to the Relief from Disabilities Board. (2) Require that information regarding individuals who are declared guilty but mentally ill is reported to the Federal Bureau of Investigation’s National Instant Criminal Background Checks System (NICS). (3) Require that an individual who is voluntarily admitted for inpatient treatment at a psychiatric treatment facility be informed of the individual’s rights and options as a voluntary patient. (4) Clarify that an individual who is emergently detained must be treated the same as an individual who is subject to a provisional admission and may not be considered involuntarily committed for any legal purpose. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.