§ 5-133.2

Md. Code, Public Safety § 5-133.2, under Article — Public Safety.

Md. Code, Public Safety § 5-133.2

(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.