(a)
- (1) In this section the following words have the meanings indicated.
- (2) “Facility” has the meaning stated in § 10-101 of the Health--General Article.
- (3) “NICS Index” means the Federal Bureau of Investigation's National Instant Criminal Background Check System.
(b)
(1) A court shall promptly report information required in paragraph (2) of this subsection through a secure data portal approved by the Department of Public Safety and Correctional Services if a court:
- (i) determines that a person is not criminally responsible under § 3-110 of the Criminal Procedure Article;
- (ii) finds that a person is incompetent to stand trial under § 3-106 of the Criminal Procedure Article; or
- (iii) finds under § 13-201(c) or § 13-705 of the Estates and Trusts Article that a person should be under the protection of a guardian, except for cases in which the appointment of a guardian is solely a result of a physical disability.
(2) On a finding or determination under paragraph (1) of this subsection, the following information shall be reported to the NICS Index:
- (i) the name and identifying information of the person; and
- (ii) the date of the determination or finding.
(c)
(1) A facility shall report information required in paragraph (2) of this subsection regarding a person admitted to the facility under § 10-609 of the Health--General Article or committed to the facility under Title 10, Subtitle 6, Part III of the Health--General Article to the NICS Index through a secure data portal approved by the Department of Public Safety and Correctional Services, if:
- (i) the person has been admitted to a facility for 30 consecutive days or more; or
- (ii) the person has been involuntarily committed to a facility.
(2) On admission to a facility the following information shall be reported to the NICS Index:
- (i) the name and identifying information of the person admitted or committed;
- (ii) the date the person was admitted or committed to the facility; and
- (iii) the name of the facility to which the person was admitted or committed.
Added by Acts 2013, c. 427, § 1, eff. Oct. 1, 2013.