Signed by Governor Dennis Daugaard

Vote Smart's Synopsis:

Vote to pass a bill that requires certain mentally ill individuals to be reported to the National Instant Criminal Background Check System.

Highlights:

• Requires the chair of a board of mental illness to report an individual’s name and identifying information to the National Instant Criminal Background Check System if the individual was involuntarily committed based on a finding that the individual is a danger to self or others (Sec. 1).

• Requires a prosecuting attorney and attorney general to report an individual’s name and identifying information to the National Instant Criminal Background Check System if the individual meets any of the following characteristics (Sec. 2):
• The individual was acquitted of a crime by reason of insanity; or
• The individual was acquitted of a crime by being determined incompetent to stand trial. 

• Prohibits information about an individual’s diagnosis or treatment from being reported to the National Instant Criminal Background Check System (Secs. 1-2).

• Authorizes the court to restore the right to possess a firearm to individuals who petition the court and are determined to no longer be a danger to self and others (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that requires certain mentally ill individuals to be reported to the National Instant Criminal Background Check System.

Highlights:

• Requires the chair of a board of mental illness to report an individual’s name and identifying information to the National Instant Criminal Background Check System if the individual was involuntarily committed based on a finding that the individual is a danger to self or others (Sec. 1).

• Requires a prosecuting attorney and attorney general to report an individual’s name and identifying information to the National Instant Criminal Background Check System if the individual meets any of the following characteristics (Sec. 2):
• The individual was acquitted of a crime by reason of insanity; or
• The individual was acquitted of a crime by being determined incompetent to stand trial. 

• Prohibits information about an individual’s diagnosis or treatment from being reported to the National Instant Criminal Background Check System (Secs. 1-2).

• Authorizes the court to restore the right to possess a firearm to individuals who petition the court and are determined to no longer be a danger to self and others (Sec. 4).

Full Bill Text