Sec. 302. Definitions relating to mental health
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/bill/114/hr/3722/ih/section-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Chapter 44 of title 18, United States Code, is amended— in section 921(a), by adding at the end the following: Subject to subparagraph (B), the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital , with respect to a person— means the person is the subject of an order or finding by a judicial officer, court, board, commission, or other adjudicative body— that was issued after— a hearing— of which the person received actual notice; and at which the person had an opportunity to participate with counsel; or the person knowingly and intelligently waived the opportunity for a hearing— of which the person received actual notice; and at which the person would have had an opportunity to participate with counsel; and that found that the person, as a result of marked subnormal intelligence, mental impairment, mental illness, incompetency, condition, or disease— was a danger to himself or herself or to others; was guilty but mentally ill in a criminal case, in a jurisdiction that provides for such a verdict; was not guilty in a criminal case by reason of insanity or mental disease or defect; was incompetent to stand trial in a criminal case; was not guilty by reason of lack of mental responsibility under section 850a of title 10 (article 50a of the Uniform Code of Military Justice); required involuntary inpatient treatment by a psychiatric hospital for any reason, including substance abuse; or required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or herself or to others; and does not include— an admission to a psychiatric hospital for observation; or a voluntary admission to a psychiatric hospital.
In this paragraph, the term order or finding does not include— an order or finding that has expired or has been set aside or expunged; an order or finding that is no longer applicable because a judicial officer, court, board, commission, or other adjudicative body has found that the person who is the subject of the order or finding— does not present a danger to himself or herself or to others; has been restored to sanity or cured of mental disease or defect; has been restored to competency; or no longer requires involuntary inpatient or outpatient treatment by a psychiatric hospital; or an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section 925(c), under a program described in section 101(c)(2)(A) or 105 of the NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note), or under any other State-authorized relief from disabilities program of the State in which the original commitment or adjudication occurred.
The term psychiatric hospital includes a mental health facility, a mental hospital, a sanitarium, a psychiatric facility, and any other facility that provides diagnoses or treatment by licensed professionals of mental retardation or mental illness, including a psychiatric ward in a general hospital. ; and in section 922— in subsection (d)(4)— by striking as a mental defective and inserting mentally incompetent ; and by striking any mental institution and inserting a psychiatric hospital ; and in subsection (g)(4)— by striking as a mental defective or who has and inserting mentally incompetent or has ; and by striking mental institution and inserting psychiatric hospital .
The NICS Improvement Amendments Act of 2007 ( 18 U.S.C. 922 note) is amended— by striking as a mental defective each place that term appears and inserting mentally incompetent ; by striking mental institution each place that term appears and inserting psychiatric hospital ; in section 101(c)— in paragraph (1), in the matter preceding subparagraph (A), by striking to the mental health of a person and inserting to whether a person is mentally incompetent ; and in paragraph (2)— in subparagraph (A)(i), by striking to the mental health of a person and inserting to whether a person is mentally incompetent ; and in subparagraph (B), by striking to the mental health of a person and inserting to whether a person is mentally incompetent ; and in section 102(c)(3)— in the paragraph heading, by striking and inserting as a mental defective or committed to a mental institution ; and mentally incompetent or committed to a psychiatric hospital by striking mental institutions and inserting psychiatric hospitals .
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Sec. 302
Definitions relating to mental health
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