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Regular Session, 2013
SENATE BILL NO. 135
BY SENATOR RISER
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CIVIL COMMITMENT. Provides relative to possession of weapons and certain judicial
proceedings and reports. (1/1/14)
AN ACT1
To amend and reenact R.S. 28:54(B) and R.S. 40:1379.3(C)(13), and to enact R.S. 13:7522
and R.S. 28:57, relative to possession of weapons and permits to carry concealed3
weapons; to provide relative to certain judicial proceedings and reports; to provide4
for mandatory reporting of certain information regarding persons ineligible to5
possess, ship, transport or receive firearms or to apply for a permit to carry a6
concealed weapon by virtue of certain state and federal law; to provide for7
mandatory reporting of involuntary judicial commitments or certain adjudications8
for certain offenses; to provide procedures by which such information shall be9
reported to the Louisiana Supreme Court and to the National Instant Criminal10
Background Check System database; to provide procedures by which certain persons11
may file a civil petition seeking adjudicated restoration of rights; to provide12
procedures by which such petitions shall be filed, heard, recorded and reported to the13
Louisiana Supreme Court and to the National Instant Criminal Background Check14
System; to provide for the effects of judgments in such proceedings; and to provide15
for related matters.16
Be it enacted by the Legislature of Louisiana:17 SB NO. 135
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Section 1. R.S. 13:752 is hereby enacted to read as follows:1
§752. Reporting of information to Louisiana Supreme Court for NICS2
database; possession of firearm3
A. Effective January 1, 2014, each district clerk of court shall report to4
the Louisiana Supreme Court for reporting to the National Instant Criminal5
Background Check System database the name and other identifying6
information of an adult who is prohibited from possessing a firearm pursuant7
to the laws of this state or 18 U.S.C. §922(d)(4) and (g)(4), by reason of a8
conviction or adjudication in a court of that district for any of the following:9
(1) Guilty of a crime listed in R.S. 14:95.1(A).10
(2) Not guilty by reason of insanity for a crime listed in R.S. 14:95.1(A).11
(3) Lacking mental capacity to proceed to trial for a crime listed in R.S.12
14:95.1(A).13
(4) Ordered to be involuntarily committed to an inpatient mental health14
treatment facility pursuant to R.S. 28:54.15
B. The report shall be submitted to the Louisiana Supreme Court, in the16
manner and form as directed by the Supreme Court, within ten business days17
of the date of conviction, adjudication or order of involuntary commitment.18
C. The Louisiana Supreme Court shall within fifteen business days of19
receipt of the report submit the information in the report to the National20
Instant Criminal Background Check System database.21
D. Except in the case of willful or wanton misconduct or gross22
negligence, no district clerk of court shall be held civilly or criminally liable on23
the basis of the accuracy, availability or unavailability of any information24
reported or required to be reported pursuant to this Section.25
Section 2. R.S. 28:54(B) is hereby amended and reenacted to read as follows:26
§54. Judicial commitment; procedure27
* * *28
B.(1) The petition shall contain the facts which are the basis of the assertion29 SB NO. 135
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and provide the respondent with adequate notice and knowledge relative to the nature1
of the proceedings.2
(2) In addition, the petition shall contain the following information3
regarding the respondent:4
(a) Name.5
(b) Date of birth. 6
(c) Alias names, if any.7
(d) Social security number.8
(e) Sex. 9
(f) Race.10
If the petitioner is unable to provide any of the information listed in this11
Subparagraph, the petitioner shall include in the petition the reasons why that12
information cannot be provided.13
* * *14
Section 3. R.S. 28:57 is hereby enacted to read as follows:15
§57. Petition for restoration of right to possess firearm and to apply for permit16
for concealed handgun; procedure17
A. A person who is subject to the disabilities of 18 U.S.C. §922(d)(4) and18
(g)(4) or of R.S. 40:1379.3(C)(13) because of an adjudication or commitment19
that occurred under the laws of this state may, upon release from involuntary20
commitment, file a civil petition seeking judgment ordering the removal of such21
disabilities.22
B. The petition for restoration shall be filed in the form of a rule to show23
cause and shall be filed in the district in which the adjudication or order of24
commitment occurred.25
C. Hearing on the petition shall be a contradictory proceeding with the26
attorney who represented the state in the original proceedings, or the attorney's27
successor, who shall represent the interests of the state and be served with a28
copy of the petition and citation to answer same not less than thirty days prior29 SB NO. 135
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to the hearing.1
D. The hearing shall be in chambers, unless the court determines that2
it is in the best interest of the public that the hearing be in open court.3
E. At the hearing, the court shall consider evidence concerning:4
(1) The circumstances regarding the firearm disabilities from which5
relief is sought.6
(2) The petitioner's mental health and criminal history records, if any.7
(3) The petitioner's reputation, developed at a minimum through8
character witness statements, testimony, or other character evidence; and9
(4) Changes in the petitioner's condition or circumstances since the10
original adjudication or commitment relevant to the relief sought. If the court11
determines the hearing should be open to the public, upon motion by the12
petitioner for restoration, the court may allow for in camera inspection of any13
mental health records.14
F. The court shall render such judgment as the nature of the relief and15
the law and evidence shall justify. The court shall grant the relief requested if16
it finds, by a preponderance of the evidence, that the petitioner's record and17
reputation are such that he will not be likely to act in a manner dangerous to18
public safety and that the granting of the relief requested would not be contrary19
to the public interest. A record of the proceedings shall be kept.20
G. In the event of a closed hearing, the record of the proceedings shall21
remain under seal and be disclosed only to an appellate court or the parties. The22
district court order may be reviewed on appeal to the court of appeal under a23
de novo standard of review. The appellate court shall maintain the24
confidentiality of the records.25
H. The petitioner for restoration in all cases shall pay the costs of the26
proceedings.27
I. After a judgment granting restoration of rights under this Section has28
become final and definitive, the clerk of court in the district where the judgment29 SB NO. 135
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was rendered shall, as soon as is practicable, but in no case later than ten1
business days after receipt of the final and definitive judgment, forward a copy2
of the judgment to the Louisiana Supreme Court. The Louisiana Supreme3
Court shall within fifteen business days after receipt of the judgment revise the4
person's record in any information database that the Louisiana Supreme Court5
makes available to the National Instant Criminal Background Check System,6
and shall notify the United States Attorney General for the purpose of reporting7
to the National Instant Criminal Background Check System that the basis for8
the disabilities imposed by 18 U.S.C. §922(d)(4) and (g)(4) no longer applies.9
Section 4. R.S. 40:1379.3(C)(13) is hereby amended and reenacted to read as10
follows:11
§1379.3. Statewide permits for concealed handguns; application procedures;12
definitions13
* * *14
C. To qualify for a concealed handgun permit, a Louisiana resident shall:15
* * *16
(13) Not have been adjudicated to be mentally deficient or been committed17
to a mental institution, unless the resident's right to possess a firearm has been18
restored pursuant to R.S. 28:57.19
* * *20
Section 5. This Act shall become effective on January 1, 2014.21
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Riser (SB 135)
Proposed law provides for a new reporting requirement for district clerks of court, effective
January 1, 2014. Requires that each district clerk of court shall report to the Louisiana
Supreme Court for reporting to the National Instant Criminal Background Check System
(NICS) database the name and other identifying information of an adult who is prohibited
from possessing a firearm under the laws of this state or under 18 U.S.C. §922(d)(4) and
(g)(4), by reason of one of the following convictions or adjudications in a court of that
clerk's district:
(1)Guilty of a crime listed in R.S. 14:95.1(A). SB NO. 135
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(2)Not guilty by reason of insanity for a crime listed in R.S. 14:95.1(A).
(3)Lacking mental capacity to proceed to trial for a crime listed in R.S. 14:95.1(A).
(4)Ordered involuntarily committed to an inpatient mental health treatment facility
pursuant to R.S. 28:54.
[NOTE: 18 U.S.C. §922 (d)(4) prohibits the selling or otherwise disposing of any firearm
or ammunition to a person knowing or having reasonable cause to believe that such person
"has been adjudicated as a mental defective or has been committed to any mental
institution". 18 U.S.C. §922(g)(4) prohibits a person who "has been adjudicated as a mental
defective or who has been committed to any mental institution" to "ship or transport in
interstate or foreign commerce, or possess in or affecting commerce, any firearm or
ammunition; or to receive any firearm or ammunition which has been shipped or transported
in interstate or foreign commerce".]
[NOTE: R.S. 14:95.1(A) states, "A. It is unlawful for any person who has been convicted
of a crime of violence as defined in R.S. 14.2(B) which is a felony or simple burglary,
burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an
inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities,
manufacture or possession of a delayed action incendiary device, manufacture or possession
of a bomb, or possession of a firearm while in the possession of or during the sale or
distribution of a controlled dangerous substance, or any violation of the Uniform Controlled
Dangerous Substances Law which is a felony, or any crime which is defined as a sex offense
in R.S. 15:541, or any crime defined as an attempt to commit one of the above-enumerated
offenses under the laws of this state, or who has been convicted under the laws of any state
or of the United States or of any foreign government or country of a crime which, if
committed in this state, would be one of the above-enumerated crimes, to possess a firearm
or carry a concealed weapon."]
Proposed law provides that the clerk of court shall submit this report to Louisiana Supreme
Court, in the manner and form as directed by the Supreme Court, within ten business days
of the date of conviction, adjudication or order of involuntary commitment, and that the
Louisiana Supreme Court shall, within 15 business days of the receipt of that report, submit
that information to the NICS database. Proposed law further provides that, except in the
case of willful or wanton misconduct or gross negligence, no district clerk of court shall be
held civilly or criminally liable on the basis of the accuracy, availability or unavailability of
any information reported or required to be reported.
Present law provides for the manner in which a civil petition may be filed to have a person
judicially and involuntarily committed to an inpatient mental health treatment facility, upon
certain findings by the court. Provides for the information required to be included in that
petition.
Proposed law adds additional information to be included in such petition, including the
respondent's name, date of birth, alias names (if any), social security number, sex, and race.
Further provides that if the petitioner is unable to provide any of the information listed, the
petitioner shall include in the petition the reasons why that information cannot be provided.
Proposed law provides for a process for a person subject to the disabilities of 18 U.S.C.
§922(d)(4) and (g)(4) to petition for restoration of his rights to possess, ship, transport or
receive a firearm or apply for a permit to carry a concealed handgun. Provides that such a
person may, upon release from involuntary commitment, file a civil petition seeking
judgment ordering the removal of such disability.
Proposed law provides that the petition for restoration shall be filed in the form of a rule to
show cause and shall be filed in the district in which the adjudication or order of
commitment occurred. Proposed law further provides that hearing on the petition for SB NO. 135
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restoration shall be a contradictory proceeding with the attorney who represented the state
in the original proceedings, or the attorney's successor, who shall represent the interests of
the state and be served with a copy of the petition and citation to answer same not less than
30 days prior to the hearing. Proposed law further provides that the hearing shall be in
chambers, unless the court determines that it is in the best interest of the public that the
hearing be in open court.
Proposed law further provides that at the hearing on the petition for restoration, the court
shall consider evidence concerning the following:
(1)The circumstances regarding the firearm disabilities from which relief is sought.
(2)The petitioner's mental health and criminal history records, if any.
(3)The petitioner's reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and
(4)Changes in the petitioner's condition or circumstances since the original adjudication
or commitment relevant to the relief sought.
Proposed law provides that if the court determines the hearing shall be open to the public,
upon motion by the petitioner for restoration, the court may allow for in camera inspection
of any mental health records.
Proposed law provides that the court shall render such judgment as the nature of the relief
and the law and evidence shall justify. Provides that the court shall grant the relief requested
if it finds, by a preponderance of the evidence, that the petitioner's record and reputation are
such that he will not be likely to act in a manner dangerous to public safety and that the
granting of the relief requested would not be contrary to the public interest. Provides that
a record of the proceedings shall be kept. Proposed law further provides that, in the event
the hearing on the petition is closed, the record of the proceedings shall remain under seal
and be disclosed only to an appellate court or the parties. Proposed law provides that the
district court order may be reviewed on appeal to the court of appeal under a de novo
standard of review. Further provides that the appellate court shall maintain the
confidentiality of the records. Proposed law provides that the petitioner for restoration shall
in all cases pay the costs of the proceedings.
Proposed law provides that after a judgment granting restoration of rights has been issued
and becomes final and definitive, the clerk of court in the district where the judgment was
rendered shall within 10 business days after receipt of the final and definitive judgment,
forward a copy of the judgment to the Louisiana Supreme Court. Further provides that the
Louisiana Supreme Court shall within15 business days after receipt of the judgment revise
the person's record in any information database that the Louisiana Supreme Court makes
available to the National Instant Criminal Background Check System, and shall notify the
United States Attorney General that the basis for the disabilities imposed by 18 U.S.C.
§922(d)(4) and (g)(4) no longer applies.
Present law provides that one qualifying factor in a Louisiana resident's application to state
police for a concealed carry permit is that the person shall not have been adjudicated to be
mentally deficient or have been committed to a mental institution.
Proposed law provides that, to qualify for a concealed handgun permit, a Louisiana resident
shall not have been adjudicated to be mentally deficient or been committed to a mental
institution, unless the resident's right to possess a firearm has been restored pursuant to the
petition for restoration process in the proposed law.
Effective January 1, 2014. SB NO. 135
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(Amends R.S. 28:54(B) and R.S. 40:1379.3(C)(13); adds R.S. 13:752 and R.S. 28:57)