S.Amdt. 5129
What it does: Adds SEC. ___. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES wherever appropriate
Sen. Mike Lee (R-UT)What it changes
1 change to S. 2938
Adds SEC. ___. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES wherever appropriate
Adds a sectionInserted: SEC. ___. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.
Inserted: (a) In General.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following:
Inserted: "Sec. 5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes "In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.".
Inserted: (b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by adding at the end the following:
Inserted: "5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.".
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Original wording
At the appropriate place, insert the following:
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As printed
SA 5129. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 2938, to make our communities safer; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CONDITIONS FOR TREATMENT OF CERTAIN PERSONS AS ADJUDICATED MENTALLY INCOMPETENT FOR CERTAIN PURPOSES.
(a) In General.--Chapter 55 of title 38, United States Code, is amended by adding at the end the following:
“Sec. 5511. Conditions for treatment of certain persons as
adjudicated mentally incompetent for certain purposes
“In any case arising out of the administration by the Secretary of laws and benefits under this title, a person who is mentally incapacitated, deemed mentally incompetent, or experiencing an extended loss of consciousness shall not be considered adjudicated as a mental defective under subsection (d)(4) or (g)(4) of section 922 of title 18 without the order or finding of a judge, magistrate, or other judicial authority of competent jurisdiction that such person is a danger to himself or herself or others.”.
(b) Technical and Conforming Amendment.--The table of sections at the beginning of chapter 55 of title 38, United States Code, is amended by adding at the end the following:
“5511. Conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes.”.
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Senate amendment submitted
June 23, 2022