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Monday, February 29, 2016
SB2956: Involuntary Commitment of Mentally Ill Without Court Order
By News Release @ 1:31 AM :: 5570 Views :: Health Care, Law Enforcement, Second Amendment

From Hawaii Rifle Association, February 28, 2016

Senator Keith-Agaran, Chair of the Hawaii Senate Judiciary Committee, will give decision on  SB2956  Tuesday March 1, 2016.

Senate rules provide that, since the bill was already heard in its first committee, Public Safety, and public testimony was taken, no public testimony is needed to pass the bill out of the Judiciary Committee Tuesday.  No testimony will be accepted.

State law provides that a person may be involuntarily committed to a mental hospital if they are a danger to self or others.   A police officer, a police psychologist, and an emergency room doctor can determine if such a hospitalization is necessary.  SB2956 requires the county police to immediately seize all firearms from any person so hospitalized.

Please e-mail or fax Senator Keith-Agaran something like this, fax: 808-586-7348 or senkeithagaran@capitol.hawaii.gov  before Tuesday, 9am:

Dear Senator Keith-Agaran,

Please amend SB2956 to require court action before seizing guns as required under state mental health law:

§334-61  Presumption; civil rights.  No presumption of insanity or legal incompetency shall exist with respect to any patient by reason of the patient’s admission to a psychiatric facility under this chapter.  The fact of the admission shall not in itself modify or vary any civil right of any such person, including but not limited to civil service statutes or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law, or the right to dispose of property, execute instruments, make purchases, enter into contractual relationships, and to vote.  If the administrator of a psychiatric facility or the deputy is of the opinion that a patient should not exercise any civil right, application for a show cause order shall be made to the court under the above proceedings after notice pursuant to section 334-60.4.

Very respectfully,

(your name)

MAHALO,
HARVEY GERWIG, LEGISLATIVE LIAISON and PRESIDENT, HRA

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