Sec. 5. Definitions relating to mental health
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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, or mental illness— was a danger to himself or to others; was guilty but mentally ill in a criminal case; 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 only 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; required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or to others; or required involuntary commitment to a psychiatric hospital for any reason, including drug use; and does not include— a person who is in 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does not include— an order or finding that has expired or has been set aside or expunged; an order or finding that is no longer applicable because a judicial officer, court, board, commission, or other adjudicative body has found that the person who is the subject of the order or finding— does not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 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, or involuntary commitment to, 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) or under a program described in section 101(c)(2)(A) or 105 of the NICS Improvement Amendments Act of 2007 ( 34 U.S.C. 40911 , 40915).
The term psychiatric hospital includes a mental health facility, a mental hospital, a sanitarium, a psychiatric facility, and any other facility that provides diagnoses 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 ( 34 U.S.C. 40902 et seq.) 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 ; and in section 102(c)(3) ( 34 U.S.C. 40912(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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