House Bill 308

Actions | Amendments
Last Action signed by Governor (Acts ch. 60)
Title AN ACT relating to implementation of the National Instant Criminal Background Check System Improvements Act of 2007.
Bill Documents Bill
Bill Request Number 1014
Sponsors B. Damron, R. Adams, W. Coursey, D. Keene, T. Mills, R. Rand, A. Simpson, B. Yonts
Summary of Original Version Create a new section of KRS Chapter 237 to establish a procedure where a person who has been declared a mental defective and committed to a mental institution can obtain relief from disability for prohibition of firearm possession as permitted by the federal National Instant Criminal Background Check System Improvement Amendments Act of 2007.
Index Headings of Original Version Circuit Clerks - Mental defective, commitment to mental institution, report to State Police
Courts - Mental defective, commitment to mental institution, report to FBI,
Courts, District - Mental defective, prohibition firearm possession, relief from disability
Firearms and Weapons - Mental defective, prohibition firearm possession, relief from disability
Judges and Court Commissioners - Mental defective, prohibition firearm possession, relief from disability
Mental Disability - Mental defective, prohibition firearm possession, relief from disability
Mental Health - Mental defective, prohibition firearm possession, relief from disability
Police, State - Mental defective, commitment to mental institution, report to FBI,
State Agencies - Division of Behavioral Health, mental defective person, relief from disability
United States - Mental defective, relief from disability, State Police to report to FBI
Proposed Amendments House Floor Amendment 1
House Floor Amendment 2
Senate Committee Substitute 1
Senate Committee Substitute 2
Senate Committee Amendment 1
Votes Vote History

Actions

Top | Amendments
02/02/11
  • introduced in House
02/03/11
  • to Judiciary (H)
02/07/11
  • posted in committee
02/09/11
  • reported favorably, 1st reading, to Calendar
02/10/11
  • 2nd reading, to Rules
  • posted for passage in the Regular Orders of the Day for Friday, February 11, 2011
  • floor amendment (1) filed
02/11/11
  • floor amendment (2) filed
02/14/11
  • 3rd reading, passed 97-1 with floor amendment (2)
02/15/11
  • received in Senate
02/17/11
  • to Judiciary (S)
02/25/11
  • taken from Judiciary (S)
  • 1st reading
  • returned to Judiciary (S)
02/28/11
  • taken from Judiciary (S)
  • 2nd reading
  • returned to Judiciary (S)
03/03/11
  • reported favorably, to Rules with Committee Substitute as a Consent Bill
  • taken from Rules (S)
  • recommitted to Judiciary (S)
  • reported favorably, to Rules with Committee Substitute (2), committee amendment (1-title)
  • posted for passage in the Consent Orders of the Day for Friday, March 4, 2011
03/04/11
  • 3rd reading
  • Committee Substitute (1) withdrawn
  • passed 37-0 with Committee Substitute (2), committee amendment (1-title)
  • received in House
  • posted for passage for concurrence in Senate Committee Substitute (2), committee amendment (1-title)
  • House concurred in Senate Committee Substitute (2), committee amendment (1-title)
  • passed 92-0
  • enrolled, signed by each presiding officer
  • delivered to Governor
03/16/11
  • signed by Governor (Acts ch. 60)

Proposed Amendments

Top | Actions
Amendment House Floor Amendment 1
Sponsor B. Damron
Summary Retain original provisions; add requirement that the Kentucky State Police transmit the person's Social Security Number, date of birth, and copy of the commitment order to the FBI National Instant Criminal Background Check System and require KSP to destroy information in their possession if relief from disability is granted; prohihbit KSP from using the information obtained for any other purpose.
Index Headings Circuit Clerks - Mental defective, commitment to mental institution, report to State Police
Courts - Mental defective, commitment to mental institution, report to FBI,
Courts, District - Mental defective, prohibition firearm possession, relief from disability
Firearms and Weapons - Mental defective, prohibition firearm possession, relief from disability
Judges and Court Commissioners - Mental defective, prohibition firearm possession, relief from disability
Mental Disability - Mental defective, prohibition firearm possession, relief from disability
Mental Health - Mental defective, prohibition firearm possession, relief from disability
Police, State - Mental defective, commitment to mental institution, report to FBI,
State Agencies - Division of Behavioral Health, mental defective person, relief from disability
United States - Mental defective, relief from disability, State Police to report to FBI

Amendment House Floor Amendment 2
Sponsor B. Damron
Summary Retain original provisions; add requirement that the Kentucky State Police transmit the person's Social Security number, date of birth, and a copy of the commitment order to the FBI National Instant Criminal Background Check System; require KSP to destroy information in their possession if relief from disability is granted; prohibit KSP from using the information obtained for any other purpose; remove reference to "District Court" when referring to restoration of rights in mental health cases; replace with reference to "court" in which the commitment occurred.
Index Headings Circuit Clerks - Mental defective, commitment to mental institution, report to State Police
Courts - Mental defective, commitment to mental institution, report to FBI,
Courts, District - Mental defective, prohibition firearm possession, relief from disability
Firearms and Weapons - Mental defective, prohibition firearm possession, relief from disability
Judges and Court Commissioners - Mental defective, prohibition firearm possession, relief from disability
Mental Disability - Mental defective, prohibition firearm possession, relief from disability
Mental Health - Mental defective, prohibition firearm possession, relief from disability
Police, State - Mental defective, commitment to mental institution, report to FBI,
State Agencies - Division of Behavioral Health, mental defective person, relief from disability
United States - Mental defective, relief from disability, State Police to report to FBI

Amendment Senate Committee Substitute 1
Summary Retain original provisions except limit restoration of firearm rights to the court which declared the person mentally ill or disabled and not the court where the person resides at the time of the application for restoration of rights.
Index Headings Circuit Clerks - Mental defective, commitment to mental institution, report to State Police
Courts - Mental defective, commitment to mental institution, report to FBI,
Courts, District - Mental defective, prohibition firearm possession, relief from disability
Firearms and Weapons - Mental defective, prohibition firearm possession, relief from disability
Judges and Court Commissioners - Mental defective, prohibition firearm possession, relief from disability
Mental Disability - Mental defective, prohibition firearm possession, relief from disability
Mental Health - Mental defective, prohibition firearm possession, relief from disability
Police, State - Mental defective, commitment to mental institution, report to FBI,
State Agencies - Division of Behavioral Health, mental defective person, relief from disability
United States - Mental defective, relief from disability, State Police to report to FBI

Amendment Senate Committee Substitute 2
Summary Retain original provisions; amend to limit restoration of firearm rights to the court which declared the person mentally ill or disabled; create a new section of KRS Chapter 17 to authorize that any person to request the Department of Kentucky State Police to conduct a background check on that person through a name-based or fingerprint-supported search; establish search prerequisites and limitations.
Index Headings Circuit Clerks - Mental defective, commitment to mental institution, report to State Police
Courts - Mental defective, commitment to mental institution, report to FBI,
Courts, District - Mental defective, prohibition firearm possession, relief from disability
Firearms and Weapons - Mental defective, prohibition firearm possession, relief from disability
Judges and Court Commissioners - Mental defective, prohibition firearm possession, relief from disability
Mental Disability - Mental defective, prohibition firearm possession, relief from disability
Mental Health - Mental defective, prohibition firearm possession, relief from disability
Police, State - Mental defective, commitment to mental institution, report to FBI,
State Agencies - Division of Behavioral Health, mental defective person, relief from disability
United States - Mental defective, relief from disability, State Police to report to FBI

Amendment Senate Committee Amendment 1
Sponsor T. Jensen
Summary Make title amendment.
Index Headings Circuit Clerks - Mental defective, commitment to mental institution, report to State Police
Courts - Mental defective, commitment to mental institution, report to FBI,
Courts, District - Mental defective, prohibition firearm possession, relief from disability
Firearms and Weapons - Mental defective, prohibition firearm possession, relief from disability
Judges and Court Commissioners - Mental defective, prohibition firearm possession, relief from disability
Mental Disability - Mental defective, prohibition firearm possession, relief from disability
Mental Health - Mental defective, prohibition firearm possession, relief from disability
Police, State - Mental defective, commitment to mental institution, report to FBI,
State Agencies - Division of Behavioral Health, mental defective person, relief from disability
United States - Mental defective, relief from disability, State Police to report to FBI

Last updated: 1/16/2019 3:43 PM (EST)