Senators MASSEY, MALLOY and CAMPSEN proposed the following amendment (JUD3094.007):
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __.A.Section 14-17-325 of the 1976 Code is amended to read:
"Section 14-17-325. (A)Every clerk of court shall report the disposition of each case in the Court of General Sessions to the State Law Enforcement Division within thirty five days of disposition, weekends and holidays excluded.
(B) Every clerk of court shall also report to the State Law Enforcement Division, within five days, the issuance, rescission, or termination of any:
(1) criminal indictments;
(2) permanent restraining orders;
(3) orders of state firearms prohibition pursuant to Section 16-25-30; and
(4) other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, but only upon being directed to transmit such orders by the appropriate judge. For any form orders provided by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the judge may select, when appropriate, to order the clerk to transmit the appropriate information to SLED.
(C) The disposition report reporting required by this section must be in a format approved by representatives of the State Law Enforcement Division and the office of court administration Court Administration. With the approval of the State Law Enforcement Division and the office of court administration, this reporting requirement may be satisfied by use of General Sessions docket information transmitted to the office of the court administration."
B.Chapter 1, Title 22 of the 1976 Code is amended by adding:
"Section 22-1-200.(A) Magistrates shall report the disposition of each criminal case to the State Law Enforcement Division within five days, weekends and holidays excluded.
(B) Magistrates shall also report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any:
(1) restraining orders and emergency restraining orders;
(2 ) magistrate court orders of protection from domestic abuse act orders;
(3) orders of state firearms prohibition pursuant to Section 16-25-30; and
(4 ) any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, but only upon being directed to transmit such orders by the appropriate magistrate. For any form orders provide by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the magistrate may select, when appropriate, to order the clerk to transmit the appropriate information to SLED.
(C)The reporting required by this section must be in a format approved by the State Law Enforcement Division and Court Administration. "
C.Article 1, Chapter 25, Title 14 of the 1976 Code is amended by adding:
"Section 14-25-250. (A) Each municipal judge shall report the disposition of each criminal case to the State Law Enforcement Division within five days, weekends and holidays excluded.
(B) A municipal judge shall also report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any:
(1) restraining orders and emergency restraining orders;
(2 ) municipal court orders of protection from domestic abuse act orders;
(3) orders of state firearms prohibition pursuant to Section 16-25-30; and
(4 ) any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, but only upon being directed to transmit such orders by the appropriate judge. For any form orders provide by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the judge may select, when appropriate, to order the clerk to transmit the appropriate information to SLED.
(C)The reporting required by this section must be in a format approved by the State Law Enforcement Division and Court Administration. "
D. Article 5, Chapter 3, Title 63 of the 1976 Code is amended by adding:
"Section 63-3-545.(A) The clerk of the family court shall report to the State Law Enforcement Division, within five days, weekends and holidays excluded, the issuance, rescission, or termination of any:
(1) permanent restraining orders;
(2 ) family court orders of protection from domestic abuse act orders; or
(3 ) any other restraining orders, orders of protection, or other orders that prohibit a person from legally purchasing or possessing a firearm, including any and all orders referenced in Section 16-25-30, but only upon being directed to transmit such orders by the appropriate judge. For any form orders provide by Court Administration that may require transmission pursuant to this subsection, Court Administration shall include within the form order a checked box option that the judge may select when appropriate to order the clerk to transmit the appropriate information to SLED.
( B)The report ing required by this section must be made in a format approved by the State Law Enforcement Division and Court Administration."
E.The provisions of this SECTION take effect October 1, 2021. /
Amend the bill further, as and if amended, by adding an appropriately numbered new SECTION to read:
/ SECTION __.If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. /
Amend the bill further, as and if amended, page 6, lines 13 and 14, by striking SECTION 9, in its entirety and inserting:
/ SECTION 9.Unless otherwise provided, this act takes effect sixty days after approval by the Governor. /