View Amendment Current Amendment: JUD0003.030.docx to Bill 3     Senator S. MARTIN proposed the following amendment (JUD0003.030):
    Amend the bill, as and if amended, page 5, by striking lines 32-38, and inserting:

/         A person who violates this subsection is guilty of a felony, and, upon conviction, must be fined not less than two thousand five hundred dollars nor more than five thousand dollars, or imprisoned for not more than three years, or both. Domestic violence in the second degree is a lesser-included offense of domestic violence in the first degree, as defined in subsection (B), and domestic violence of a high and aggravated nature, as defined in Section 16-25-65.    

    Amend the bill, as and if amended, page 7, by striking lines 28-42, and page 8, by striking lines 1-23, and inserting:

/         "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), 16-25-20(C), or 16-25-65;
        (2)     has been convicted of a violation of Section 16-25-20(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(A) or 16-25-65.
    (B)     A person who violates this section is guilty of a felony, and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars and imprisoned for not more than five years.
    (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, 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, to ship, transport, possess, or receive a firearm or ammunition.'         /

    Renumber sections to conform.
    Amend title to conform.