Senators HEMBREE and OTT proposes the following amendment (SJ-52.MB0037S):

Amend the bill, as and if amended, SECTION 25, by striking Section 16-1-60(B) and inserting:

 (B) At the time of sentencing for a conviction of Section 50-21-113(A)(2) or Section 56-5-2945(B)(2), the judge may suspend the designation of violent offense and must include findings on the record documenting the departure from Section 16-1-60(A) for this conviction. The Department of Corrections may allow the person to participate in work programs, education, and rehabilitation that he would not otherwise be eligible for due to the conviction for Section 50-21-113(A)(2) or Section 56-5-2945(B)(2). However, the person shall not accumulate credit for time for his participation. The judge may not order a departure if the person has additional convictions before the judge that are violent offenses. For a person convicted serving an active sentence prior toas of the effective date of this subsection, athe person may petition the circuit court where the conviction occurred to remove the designation of violent offense from his record, provided the victim's family consents and the only violent offense on his record is Section 50-21-113(A)(2) or Section 56-5-2945(B)(2). The person must petition the court prior to his release.

Renumber sections to conform.

Amend title to conform.