An Act requiring police officers to inquire whether a firearm is located on the premises when conducting certain checks and supplementing Title 40A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. For the purposes of this act:

"Dangerous to others or property" means that by reason of mental illness or mental health crises there is a substantial likelihood that the person will inflict serious bodily harm upon another person or cause serious property damage within the reasonably foreseeable future; this determination shall take into account a person's history; recent behavior; and any recent act, threat, or serious psychiatric deterioration.

"Dangerous to self" means that by reason of mental illness or mental health crisis the person has threatened or attempted suicide or serious bodily harm, or has behaved in a manner as to indicate that the person is unable to satisfy his need for nourishment, essential medical care, or shelter, so that it is probable that substantial bodily injury, serious physical harm, or death will result within the reasonably foreseeable future; however, no person shall be deemed to be unable to satisfy his need for nourishment, essential medical care, or shelter if he is able to satisfy these needs with the supervision and assistance of others who are willing and available. This determination shall take into account a person's history; recent behavior; and any recent act, threat, or serious psychiatric deterioration.

"Mental health check" means an official visit by a law enforcement officer to the location of a person who the officer reasonably believes is exhibiting signs of mental illness or a mental health crisis.

"Mental health crisis" means a person's emotional, physical, mental, or behavioral response to a traumatic event or experience, which may be experienced during times of stress in response to real or perceived threats and loss of control when normal coping mechanisms are ineffective; symptoms may include emotional reactions such as fear, anger, or excessive giddiness; psychological impairment, such as an inability to focus, confusion, nightmares, and psychosis; physical reactions such as vomiting, headaches, dizziness, excessive tiredness, or insomnia; or behavioral reactions such as "fight or flight" response.

"Mental illness" means a current substantial disturbance of thought, mood, perception, or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality, but does not include simple alcohol intoxication, transitory reaction to drug ingestion, organic brain syndrome, or development disability unless it results in the severity of impairment where the person is dangerous to self, others, or property.

b. A law enforcement officer conducting a mental health check shall inquire whether a firearm is located on the premises.

c. Nothing in this section shall be construed to authorize the seizure of a firearm from the residence without consent.

2. This act shall take effect on the first day of the fourth month next following enactment.

STATEMENT

This bill requires a law enforcement officer conducting a mental health check to inquire whether a firearm is located on the premises.

A mental health check is defined in the bill as an official visit by a law enforcement officer to a location of a person who the officer reasonably believes is exhibiting signs of mental illness or is experiencing a mental health crisis.

The bill defines a mental illness as a current substantial disturbance of thought, mood, perception, or orientation which significantly impairs judgment, capacity to control behavior, or capacity to recognize reality, but does not include simple alcohol intoxication, transitory reaction to drug ingestion, organic brain syndrome, or development disability unless it results in the severity of impairment where the person is dangerous to self, others, or property.

A mental health crisis is defined by the bill as a "person's emotional, physical, mental, or behavioral response to a traumatic event or experience, which may be experienced during times of stress in response to real or perceived threats and loss of control when normal coping mechanisms are ineffective; symptoms may include emotional reactions such as fear, anger, or excessive giddiness; psychological impairment, such as an inability to focus, confusion, nightmares, and psychosis; physical reactions such as vomiting, headaches, dizziness, excessive tiredness, or insomnia; or behavioral reactions such as "fight or flight" response."

The bill does not authorize a law enforcement officer to seize a firearm without consent.

It is the sponsor's intent to increase the safety of police officers and the public by ascertaining whether mentally ill persons or persons experiencing a mental health crises have access to a firearm in their home.