View Amendment Current Amendment: 13 to Bill 3433 Rep. DELLENEY proposes the following Amendment No. 13 to H. 3433 (COUNCIL\MS\3433C028.MS.AHB15):

Reference is to Printer's date 4/14/15-H.

Amend the bill, as and if amended, by deleting SECTION 8 in its entirety and inserting:

/      SECTION      8.      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.
     Following the passage of time established in this section prohibiting the possession of firearms and ammunition, the person's right to possess a firearm or ammunition shall be restored provided the person is not otherwise prohibited from possessing a firearm or ammunition under state law.
     (F)      If the person requests in writing to the South Carolina Law Enforcement Division (SLED), SLED shall notify the National Instant Criminal Background Check System(NICS) that the State has restored the person's right to possess a firearm or ammunition 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)      Upon the passage of time ordered pursuant to subsection (E)(2), if any, otherwise 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." /

Renumber sections to conform.
Amend title to conform.