BILL · 2019–20 SESSION

SB 5205: Incomp. for trial/firearms

Concerning provisions governing firearms possession by persons who have been found incompetent to stand trial and who have a history of one or more violent acts.

Summary

  • Requires the court to determine whether a defendant has a history of violent acts when dismissing nonfelony charges because the defendant is incompetent to stand trial.
  • Prohibits a person who has a history of one or more violent acts from possessing a firearm following the dismissal of nonfelony charges on the basis the person is found incompetent to stand trial, unless the court restores their firearm rights.
  • Allows the person to ask to have their firearm rights restored by filing a petition in the superior court that prohibited their firearm possession.
  • Adds additional violations of second degree unlawful possession of a firearm for violating a restraining order under the Parentage Act, or violating an order barring firearm possession after dismissal of nonfelony charges based on incompetency.

From the Senate Bill Report (SB 5205), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 248, Laws of 2019
  1. IntroducedJan 16, 2019
  2. Out of committeeFeb 1, 2019
  3. Passed SenateMar 7, 2019
  4. Passed HouseApr 10, 2019
  5. GovernorMay 7, 2019
  6. LawMay 7, 2019
Prime sponsor
Manka Dhingra (D-45)
Introduced
January 16, 2019 in the Senate
Last action
May 7, 2019
Session law
Chapter 248, Laws of 2019
Budget
Has a fiscal note

AN ACT Relating to provisions governing firearms possession by persons who have been found incompetent to stand trial and who have a history of one or more violent acts;

Sponsors

Votes

Senate · 3rd Reading & Final Passage

Passed March 7, 2019
Version voted on: SB 5205
30 Yea 17 Nay 0 Absent 2 Excused
PartyYeaNayAbsentExcused
Democrat27101
Republican31601
How each member voted

House · Final Passage as Amended by the House

Passed April 10, 2019
Version voted on: SB 5205
53 Yea 39 Nay 0 Absent 6 Excused
PartyYeaNayAbsentExcused
Democrat53103
Republican03803
How each member voted

Yea (53)

Senate · Final Passage as Amended by the House

Passed April 18, 2019
Version voted on: SB 5205
32 Yea 17 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat28100
Republican41600
How each member voted

History

  1. Effective date 7/28/2019.
  2. Chapter 248, 2019 Laws.
  3. Governor signed.
  4. Delivered to Governor.
  5. Speaker signed.
  6. President signed.
  7. Passed final passage; yeas, 32; nays, 17; absent, 0; excused, 0.
  8. Senate concurred in House amendments.
  9. Held on second reading.
  10. Rules suspended. Placed on Third Reading.
  11. Committee recommendations adopted and the bill amended.
  12. Third reading, passed; yeas, 53; nays, 39; absent, 0; excused, 6.
  13. Rules Committee relieved of further consideration. Placed on second reading.
  14. Referred to Rules 2 Review.
  15. Minority; without recommendation.
  16. Minority; do not pass.
  17. CRJ - Majority; do pass with amendment(s).
  18. First reading, referred to Civil Rights & Judiciary.
  19. Placed on second reading by Rules Committee.
  20. Third reading, passed; yeas, 30; nays, 17; absent, 0; excused, 2.
  21. Rules suspended. Placed on Third Reading.
  22. Made eligible to be placed on second reading.
  23. Passed to Rules Committee for second reading.
  24. Minority; do not pass.
  25. LAW - Majority; do pass.
  26. First reading, referred to Law & Justice.

SB 5205 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

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