The Committee on Judiciary proposes the following Amendment No. to H. 4075 (COUNCIL\CM\4075C001.GT.CM21):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

/SECTION1. Section 23-3-430( C)(5) and (6) of the 1976 Code is amended to read:

"(5)criminal sexual conduct with minors, second degree (Section 16-3-655(B)). If evidence is presented at the criminal proceeding or in any court of competent jurisdiction, and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(B)(2) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;

(6) criminal sexual conduct with minors, third degree (Section 16-3-655(C)). If evidence is presented at the criminal proceeding , or in any court of competent jurisdiction and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(B)(2), provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;" /