Bill > HB1114

This bill requires that certain mental health information be submitted to and subsequently removed from the National Instant Criminal Background Check System (NICS), which is a system used to check the backgrounds of individuals attempting to purchase firearms. Specifically, prosecuting attorneys must report individuals acquitted by reason of insanity or found incompetent to stand trial to the attorney general within two hours, and this information will be transmitted to the NICS. The bill also expands the types of mental health determinations that trigger reporting to the NICS, including individuals involuntarily committed due to being a danger to themselves or others, or those ordered apprehended for an involuntary commitment. Furthermore, the attorney general will now be required to transmit this information to the NICS within one working day, provide a copy to the affected individual or their guardian, and request the removal of certain information from the NICS after eighteen months, notifying the individual or guardian when this removal occurs. The bill also shortens the reporting deadline for involuntary commitment proceedings from seven working days to two hours after a determination is made.

Justice

https://sdlegislature.gov/#/Session/Bill/26468