Amendment ID: S2572-36-R1

Redraft Amendment 36

Notification Improvements

Messrs. Crighton, Moore, Timilty, Brady, Montigny and Pacheco move that the proposed new text be amended by inserting after section 1 the following section:-

“SECTION 1A. Section 36A of chapter 123 of the General Laws, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding this section, a court shall, pursuant to section 35 and section 36C, transmit information contained in court records to the department of criminal justice information services, which shall provide the information to: (i) licensing authorities as defined under section 121 of chapter 140; provided however, that information shared under this clause shall be information required or permitted to be considered under state or federal law to conduct background checks for firearm sales or licensing; and (ii) the Federal Bureau of Investigation; provided however, that the information shared under this clause shall be information required or permitted under federal law to be included in the National Instant Criminal Background Check System maintained to conduct background checks for firearms sales or licensing; provided further, that the court shall not transmit information solely because a person seeks voluntary treatment or is involuntarily hospitalized for assessment or evaluation. Information transmitted to the department of criminal justice information services pursuant to this section and sections 35 and 36C shall not be considered public records pursuant to section 10 of chapter 66 and clause Twenty-sixth of section 7 of chapter 4. The information required to be transmitted under clause (i) of this paragraph shall be disseminated automatically to the licensing authority through the Criminal Justice Information System for each commitment that is ordered as soon as the information is available.