RÉSUMÉ DIGEST
ACT 532 (SB 411) 2018 Regular Session White
Prior law (C.Cr.P. Art. 655) provided that when the superintendent of a mental institution
is of the opinion that a person committed pursuant to prior law can be discharged or can be
released on probation, without danger to others or to himself, he is to recommend the
discharge or release of the person in a report to a review panel comprised of the person's
treating physician, the clinical director of the facility to which the person is committed, and
a physician, medical psychologist, or psychologist who served on the sanity commission that
recommended commitment of the person.
New law retains prior law and adds that a recommendation that the person be discharged or
released on probation requires a unanimous vote of the panel. New law further provides that
the panel must render specific findings of fact in support of its recommendation.
Prior law (R.S. 13:753) required each district clerk of court and each city and parish clerk
of court to report to the Supreme Court for reporting to the National Instant Criminal
Background Check System (NICS) the name and other identifying information of any adult
who is prohibited from possessing a firearm pursuant to federal or state laws, by reason of
a conviction or adjudication in a court within their respective jurisdictions for any of the
following:
(1)A conviction of a crime listed in the provision of prior law (R.S. 14:95.1) that
prohibits the possession of a firearm or carrying of a concealed weapon by a person
convicted of certain felonies.
(2)A verdict of an acquittal of a crime listed in prior law (R.S. 14:95.1) by reason of
insanity.
(3)A court determination that a person does not have the mental capacity to proceed
with a criminal trial for a crime listed in prior law (R.S. 14:95.1).
(4)A court order requiring that a person be involuntarily committed to an inpatient
mental health treatment facility.
(5)A court order prohibiting a person from possessing a firearm or restricting a person
in the use of a firearm.
(6)A conviction for a felony violation of the crime of domestic abuse battery.
New law retains prior law.
New law provides that a person who has been adjudicated as a mental defective or
committed to a mental institution and is therefore, pursuant to federal law, prohibited from
receiving or possessing a firearm or ammunition or, pursuant to state law, is ineligible to
possess a firearm or obtain a concealed handgun permit, may petition the court for
restoration of his firearm rights pursuant to prior law (R.S. 28:57).
Prior law (R.S. 28:57) provided the procedure by which a person who is prohibited from
possessing a firearm or is ineligible to be issued a concealed handgun permit pursuant to
present federal law may, upon release from involuntary commitment, file a civil petition
seeking judgment ordering the removal of that prohibition.
New law retains prior law but expands its application to authorize persons who have been
found not guilty by reason of insanity for any felony to file the same petition if at least ten
years have passed since the person was discharged from probation or custody, or discharged
from a mental institution, by a court of competent jurisdiction. New law excludes from
application of prior and new law any person on conditional release or conditional discharge
under the provisions of prior law (C.Cr.P. Art. 657.1 and 658) or a person who has been
convicted or found not guilty by reason of insanity of any felony enumerated in prior law
(R.S. 14:95.1) in the ten years prior to the filing of the petition.
Prior law (R.S. 14:95.1) provided that it is unlawful for any person who has been convicted
of a crime of violence that is a felony, or certain other enumerated prior law crimes, or any
crime defined as a sex offense, or any crime defined as an attempt to commit one of the enumerated prior law offenses, or who has been convicted under the laws of any other state
or the U.S. or any foreign government or country of a crime that, if committed in this state,
would be one of these enumerated prior law crimes, to possess a firearm or carry a concealed
weapon.
New law retains prior law and makes prior law applicable to persons found not guilty by
reason of insanity of any of the crimes provided for in the prior law (R.S. 14:95.1).
Prior law provided that prior law prohibiting the possession of firearms and carrying
concealed weapons by persons who have been convicted of certain felonies does not apply
to any person who has not been convicted of any felony for a period of 10 years from the
date of completion of sentence, probation, parole, or suspension of sentence.
New law retains prior law and adds that the 10-year "cleansing period" contained in present
law applies to persons found not guilty by reason of insanity of the crimes provided for in
prior law (R.S. 14:95.1).
Effective August 1, 2018.
(Amends C.Cr.P. Art. 655(A), R.S. 13:753(A)(intro para), (B)(intro para), (B)(1), and (C),
R.S. 14:95.1(A) and (C), and R.S. 28:57(A); adds R.S. 13:753(F) and R.S. 28:57(J))