News & Updates

H.B. 36 Bureau of Criminal Identification Reporting Amendments

This Bill passed the 2019 Legislative Session, signed into law by Governor Herbert and effective as of May 14th, 2019

H.B. 36 Bureau of Criminal Identification Reporting Amendments

Section Affected:
U.C.A. 53-10-102. Definitions.
U.C.A. 78B-7-106. Protective orders -- Ex parte protective orders -- Modification of orders -- Service of process -- Duties of the court.
U.C.A. 53-10-208.1. Magistrates and court clerks to supply information.
U.C.A. 53-10-208. Definition -- Offenses included on statewide warrant system -- Transportation fee to be included -- Statewide warrant system responsibility -- Quality control -- Training -- Technical support -- Transaction costs.

Section Created:
U.C.A. 53-10-213. Reporting Requirements.

This Bill would;
• Require the clerk of the district court to report information on individuals mentally unfit to purchase firearms to the Bureau of Criminal Identification
• Require the Bureau of Criminal Identification to submit information reported by the courts on individuals mentally unfit to purchase firearms to the National Instant Criminal Background Check System
• Require the clerk of the district court to report information on individuals subject to a protective order to the Bureau of Criminal Identification
• Require the Bureau of Criminal Identification to submit information reported by the courts on individuals subject to a protective order to the National Crime Information Center.

"Mental defective" means an individual who, by a district court, board, commission, or other lawful authority] as a result of marked subnormal intelligence, or mental illness, a incompetency, condition, or disease, is found:
• to be a danger to himself or herself or others;
• to lack the mental capacity to contract or manage the individual's own affairs;
• to be incompetent by a court in a criminal case; or
• to be incompetent to stand trial or found not guilty by reason or lack of mental responsibility.

The court in the county where a determination or finding was made shall transmit a record of the determination or finding to the bureau no later than 48 hours after receiving notice the determination is made, excluding Saturdays, Sundays, and legal holidays, if an individual is:
• adjudicated as a mental defective; or
• involuntarily committed to a mental institution in accordance with Section 62A-15-631 (16).
The record described in Subsection (2) shall include:
• an agency record identifier;
• the individual's name, sex, race, and date of birth; and
• the individual's social security number, government issued driver license or identification number, alien registration number, government passport number, state identification number, or FBI number.

Section 4. Section 53-10-213 is enacted to read:
53-10-213. Reporting Requirements.
(1) The bureau shall submit the record received from the court in accordance with Subsection 78B-7-106(5)(e) to the National Crime Information Center within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.
(2) The bureau shall submit the record received from the court in accordance with Subsection 53-10-208.1(2) to the National Instant Criminal Background Check System within 48 hours of receipt, excluding Saturdays, Sundays, and legal holidays.

If the individual is a respondent or defendant subject to a court order that meets the qualifications outlined in 18 U.S.C. Sec. 922(g)(8), transmit within 48 hours, excluding Saturdays, Sundays, and legal holidays, a record of the order to the Bureau of Criminal Identification that includes:
(i) an agency record identifier;
(ii) the individual's name, sex, race, and date of birth;
(iii) the issue date, conditions, and expiration date for the protective order; and
(iv) if available, the individual's social security number, government issued driver license or identification number, alien registration number, government passport number, state identification number, or FBI number.

 

Because this Bill requires information about a restricted person to be provided to BCI and the National Instant Criminal Background Check System so the restricted person cannot purchase a firearm, we do not oppose this Bill.

 We Support This Bill

 

Leave a Reply