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.