Reference is to Printer's date 3/25/15-H.
Amend the bill, as and if amended, PART II, page [3433-13], after line 37, by adding an appropriately numbered SECTION to read:
/ SECTION . Section 16-25-30 of the 1976 Code, as added by Act 59 of 2009, is amended to read:
"Section 16-25-30.
(A) It is unlawful for a
person to ship, transport, receive, or possess a firearm or
ammunition, if the person:
(1)
has been convicted of a violation of Section
16-25-20(B) or 16-25-65;
(2)
has been convicted of a violation of Section
16-25-20(C) or (D) and the judge at the time of sentencing
orders that the person is prohibited from shipping,
transporting, receiving, or possessing a firearm or ammunition;
or
(3)
has been convicted of domestic violence in
another state, tribe, or territory containing among its elements
those elements enumerated in Section 16-25-20(B), Section
16-25-65, or Section 16-25-20(C) or (D) and the judge at the
time of sentencing orders that the person is prohibited from
shipping, transporting, receiving, or possessing a firearm or
ammunition.
(B)
A person who violates this section is guilty of
a felony and, upon conviction, must be fined not more than two
thousand dollars or imprisoned for not more than five years, or
both.
(C) A
person must not be considered to have been convicted of domestic
violence for purposes of this section unless the person was
represented by counsel in the case, or knowingly and
intelligently waived the right to counsel in the case; and in
the case of a prosecution for an offense described in this
section for which a person was entitled to a jury trial in the
jurisdiction in which the case was tried, either the case was
tried by a jury, or the person knowingly and intelligently
waived the right to have the case tried by a jury, by guilty
plea or otherwise. A person must not be considered to have been
convicted of domestic violence for purposes of this section if
the conviction has been expunged, set aside, or is an offense
for which the person has been pardoned.
(D) At the
time a person is convicted of violating the provisions of
Section 16-25-20 or 16-25-65, or upon the issuance of an
order of protection pursuant to Chapter 4, Title 20, the
court must deliver to the person a written form that
conspicuously bears the following language: 'Pursuant to 18
U.S.C. Section 922, it is unlawful for a person convicted of a
violation of Section 16-25-20 or 16-25-65, or a person who is
subject to a valid order of protection pursuant to Chapter 4,
Title 20, to ship, transport, possess, or receive a firearm
or ammunition.'
(E) The
provisions of this section prohibiting the possession of
firearms and ammunition by persons who have been convicted of
domestic violence shall apply to a person who has been convicted
of domestic violence for a period of:
(1)
ten years from the date of conviction, if the
person has been convicted of a violation of Section 16-25-20(B);
or
(2)
not more than three years from the date of
conviction, the specific time period in the discretion of the
judge, if the person has been convicted of a violation of
Section 16-25-20(C) or (D) and the judge at the time of
sentencing orders that the person is prohibited from shipping,
transporting, receiving, or possessing a firearm or ammunition,
with the specifics of the prohibitions in the discretion of the
judge.
(F) The
South Carolina Law Enforcement Division shall notify the
National Crime Information Center (NCIC) and request immediate
removal of a person's name to whom the restrictions contained in
this section apply:
(1)
ten years from the date of conviction if the
person was convicted of a violation of Section 16-25-20(B) and
the person has not been convicted of any other domestic violence
offense pursuant to this article or a similar offense in another
jurisdiction and no domestic violence charges are currently
pending against the person; or
(2)
three years from the date of conviction if the
person was convicted of a misdemeanor domestic violence offense
pursuant to this article and the person has not been convicted
of any other domestic violence offense pursuant to this article
or a similar offense in another jurisdiction and no domestic
violence charges are currently pending against the
person." /
Amend the bill further, SECTION 3, Section 16-25-20(C), Page [3433-5], immediately after line 30, by adding a new undesignated paragraph to read:
/ Assault and battery in the second degree pursuant to Section 16-3-600(D) is a lesser-included offense of domestic violence in the second degree as defined in this subsection. /
Amend the bill further, SECTION 3, Section 16-25-20(D), Page [3433-6], immediately after line 2, by adding a new undesignated paragraph to read:
/ Assault and battery in the third degree pursuant to Section 16-3-600(E) is a lesser-included offense of domestic violence in the third degree as defined in this subsection. /
Amend the bill further, Pages [3433-9] and [3433-10], by deleting SECTION 5 and inserting:
/ SECTION 5. Section 16-1-60 of the 1976 Code, as last amended by Act 255 of 2012, is further amended to read:
"Section 16-1-60.
For purposes of definition under South Carolina law, a
violent crime includes the offenses of: murder (Section
16-3-10); attempted murder (Section 16-3-29); assault and
battery by mob, first degree, resulting in death (Section
16-3-210(B)), criminal sexual conduct in the first and second
degree (Sections 16-3-652 and 16-3-653); criminal sexual conduct
with minors, first, second, and third degree (Section 16-3-655);
assault with intent to commit criminal sexual conduct, first and
second degree (Section 16-3-656); assault and battery with
intent to kill (Section 16-3-620); assault and battery of a high
and aggravated nature (Section 16-3-600(B)); kidnapping (Section
16-3-910); trafficking in persons (Section 16-3-930); voluntary
manslaughter (Section 16-3-50); armed robbery (Section
16-11-330(A)); attempted armed robbery (Section 16-11-330(B));
carjacking (Section 16-3-1075); drug trafficking as defined in
Section 44-53-370(e) or trafficking cocaine base as defined in
Section 44-53-375(C); manufacturing or trafficking
methamphetamine as defined in Section 44-53-375; arson in the
first degree (Section 16-11-110(A)); arson in the second degree
(Section 16-11-110(B)); burglary in the first degree (Section
16-11-311); burglary in the second degree (Section
16-11-312(B)); engaging a child for a sexual performance
(Section 16-3-810); homicide by child abuse (Section
16-3-85(A)(1)); aiding and abetting homicide by child abuse
(Section 16-3-85(A)(2)); inflicting great bodily injury upon a
child (Section 16-3-95(A)); allowing great bodily injury to be
inflicted upon a child (Section 16-3-95(B));
criminal domestic violence of a high and
aggravated nature (Section 16-25-65); abuse or neglect of a
vulnerable adult resulting in death (Section 43-35-85(F)); abuse
or neglect of a vulnerable adult resulting in great bodily
injury (Section 43-35-85(E)); taking of a hostage by an inmate
(Section 24-13-450); detonating a destructive device upon the
capitol grounds resulting in death with malice (Section
10-11-325(B)(1)); spousal sexual battery (Section 16-3-615);
producing, directing, or promoting sexual performance by a child
(Section 16-3-820); sexual exploitation of a minor first degree
(Section 16-15-395); sexual exploitation of a minor second
degree (Section 16-15-405); promoting prostitution of a minor
(Section 16-15-415); participating in prostitution of a minor
(Section 16-15-425); aggravated voyeurism (Section
16-17-470(C)); detonating a destructive device resulting in
death with malice (Section 16-23-720(A)(1)); detonating a
destructive device resulting in death without malice (Section
16-23-720(A)(2)); boating under the influence resulting in death
(Section 50-21-113(A)(2)); vessel operator's failure to render
assistance resulting in death (Section 50-21-130(A)(3));
damaging an airport facility or removing equipment resulting in
death (Section 55-1-30(3)); failure to stop when signaled by a
law enforcement vehicle resulting in death (Section
56-5-750(C)(2)); interference with traffic-control devices,
railroad signs, or signals resulting in death (Section
56-5-1030(B)(3)); hit and run resulting in death (Section
56-5-1210(A)(3)); felony driving under the influence or felony
driving with an unlawful alcohol concentration resulting in
death (Section 56-5-2945(A)(2)); putting destructive or
injurious materials on a highway resulting in death (Section
57-7-20(D)); obstruction of a railroad resulting in death
(Section 58-17-4090); accessory before the fact to commit any of
the above offenses (Section 16-1-40); and attempt to commit any
of the above offenses (Section 16-1-80). Only those offenses
specifically enumerated in this section are considered violent
offenses." /
Amend the bill further, SECTION 3, Page [3433-7], lines 12 - 15, by deleting Section 16-25-20(J).
Renumber sections to conform.
Amend title to conform.