HR 1898
112th CONGRESS
1st Session
H. R. 1898
To amend title 38, United States Code, to clarify the conditions
under which certain persons may be treated as adjudicated mentally incompetent
for certain purposes.
IN THE HOUSE OF REPRESENTATIVES
May 13, 2011
Mr. REHBERG introduced the following bill; which was referred to the Committee
on Veterans' Affairs
A BILL
To amend title 38, United States Code, to clarify the conditions
under which certain persons may be treated as adjudicated mentally incompetent
for certain purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Veterans 2nd Amendment Protection Act'.
SEC. 2. 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 new section:
`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) Clerical Amendment- The table of sections at the beginning of chapter
55 of such title is amended by adding at the end the following new item:
`5511. Conditions for treatment of certain persons as adjudicated mentally
incompetent for certain purposes.'.
END
