Amend the bill, as and if amended, page 4, by striking lines 17-43, and page 5, by striking lines 1-37, and inserting:
/ SECTION 2. Section 16-23-500 of the 1976 Code is amended to read:
"Section 16-23-500. (A)(1) It is unlawful for a person who has been convicted of a violent crime, as defined by Section 16-1-60, that is classified as a felony offense, to possess a firearm or ammunition within this State.
(B)(2) A person who violates the provisions of this section subsection is guilty of a felony and, upon conviction, must be fined not more than two thousand dollars or imprisoned not more than five years, or both.
(C)(3)(a) In addition to the penalty provided in this section subsection, the firearm or ammunition involved in the violation of this section subsection must be confiscated. The firearm or ammunition must be delivered to the chief of police of the municipality or to the sheriff of the county if the violation occurred outside the corporate limits of a municipality. The law enforcement agency that receives the confiscated firearm or ammunition may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm or ammunition must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the State Law Enforcement Division seized the firearm or ammunition, the division may keep the firearm or ammunition for use by its forensic laboratory. Records must be kept of all confiscated firearms or ammunition received by the law enforcement agencies under the provisions of this section subsection.
(b) A law enforcement agency that receives a firearm or ammunition pursuant to this subsection may administratively release the firearm or ammunition to an innocent owner. The firearm or ammunition must not be released to the innocent owner until the results of any legal proceedings in which the firearm or ammunition may be involved are finally determined. Before the firearm or ammunition may be released, the innocent owner shall provide the law enforcement agency with proof of ownership and shall certify that the innocent owner will not release the firearm or ammunition to the person who has been charged with a violation of this subsection which resulted in the firearm or ammunition's confiscation. The law enforcment agency shall notify the innocent owner when the firearm or ammunition is available for release. If the innocent owner fails to recover the firearm or ammunition within thirty days after notification of the release, the law enforcement agency may maintain or dispose of the firearm or ammunition as otherwise provided in this subsection.
(D)(4) The judge that hears the case involving the violent offense, as defined by Section 16-1-60, that is classified as a felony offense, shall make a specific finding on the record that the offense is a violent offense, as defined by Section 16-1-60, and is classified as a felony offense. A judge's failure to make a specific finding on the record does not bar or otherwise affect prosecution pursuant to this subsection and does not constitute a defense to prosecution pursuant to this subsection.
(B)(1) It is a violation of probation, parole, community supervision, or any other supervision program operated by the Department of Probation, Parole and Pardon Services for an offender to purchase or possess a firearm, ammunition, or any other dangerous weapon.
(2)(a) If an offender is arrested for purchasing or possessing a firearm, ammunition, or other dangerous weapon, the firearm, ammunition, or other dangerous weapon involved in the violation of this subsection must be confiscated by the Department of Probation, Parole and Pardon Services. The Department of Probation, Parole and Pardon Services may use it within the agency, transfer it to another law enforcement agency for the lawful use of that agency, trade it with a retail dealer licensed to sell firearms or ammunition in this State for a firearm, ammunition, or any other equipment approved by the agency, or destroy it. A firearm, ammunition, or other dangerous weapon must not be disposed of in any manner until the results of any legal proceeding in which it may be involved are finally determined. If the Department of Probation, Parole and Pardon Services transfers the firearm, ammunition, or other dangerous weapon to the State Law Enforcement Division, the division may keep the firearm, ammunition, or other dangerous weapon for use by its forensic laboratory. Records must be kept of all confiscated firearms, ammunition, or other dangerous weapons received by the Department of Probation, Parole and Pardon Services under the provisions of this subsection.
(b) The Department of Probation, Parole and Pardon Services may administratively release a firearm, ammunition, or other dangerous weapon to an innocent owner. The firearm, ammunition, or other dangerous weapon must not be released to the innocent owner until the results of any legal proceedings in which the firearm, ammunition, or other dangerous weapon may be involved are finally determined. Before the firearm, ammunition, or other dangerous weapon may be released, the innocent owner shall provide the the Department of Probation, Parole and Pardon Services with proof of ownership and shall certify that the innocent owner will not release the firearm, ammunition, or other dangerous weapon to the person who has been charged with a violation of this subsection which resulted in the firearm, ammunition, or other dangerous weapon's confiscation. The Department of Probation, Parole and Pardon Services shall notify the innocent owner when the firearm, ammunition, or other dangerous weapon is available for release. If the innocent owner fails to recover the firearm, ammunition, or other dangerous weapon within thirty days after notification of the release, the Department of Probation, Parole and Pardon Services may maintain or dispose of the firearm, ammunition, or other dangerous weapon as otherwise provided in this subsection." /
Renumber sections to conform.
Amend title to conform.