Current with changes from the 2024 Legislative Session
Section 5-133.2 - Reporting by courts or health facilities(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 2013 Md. Laws, Ch. 427, Sec. 1, eff. 10/1/2013.