H 3165 General Bill, By Lourie
 A BILL TO AMEND CHAPTER 25, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CRIMINAL DOMESTIC VIOLENCE, BY ADDING SECTION 16-25-95 SO AS TO
 PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL
 DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR
 AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE
 PENALTIES; AND TO AMEND CHAPTER 4, TITLE 20, RELATING TO PROTECTION FROM
 DOMESTIC ABUSE, BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS
 UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS,
 TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE
 PENALTIES.

   12/20/00  House  Prefiled
   12/20/00  House  Referred to Committee on Judiciary
   01/09/01  House  Introduced and read first time HJ-76
   01/09/01  House  Referred to Committee on Judiciary HJ-76

TO AMEND CHAPTER 25, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL DOMESTIC VIOLENCE, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND TO AMEND CHAPTER 4, TITLE 20, RELATING TO PROTECTION FROM DOMESTIC ABUSE, BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    The 1976 Code is amended by adding:

    "Section 16-25-95.    (A)    It is unlawful for a person convicted of a violation of Section 16-25-20, 16-25-50, or 16-25-65 to ship, transport, possess, or receive a firearm or ammunition if the conviction meets the following conditions:

        (1)    the person was represented by counsel in the case or the person knowingly and intelligently waived the right to counsel;

        (2)    if the person was entitled to a jury trial, then the conviction was the result of a jury trial or the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise;

        (3)    the conviction has not been expunged or set aside;

        (4)    the person has not been pardoned; and

        (5)    the person's civil rights have not been restored.

    (B)    Upon conviction, the person shall be punished by a fine of one thousand dollars or imprisonment not to exceed thirty days, or both."

SECTION    2.    The 1976 Code is amended by adding:

    "Section 20-4-150.    (A)    It is unlawful for a person who is subject to a protection order issued pursuant to Section 20-4-60 to ship, transport, possess, or receive a firearm or ammunition if the protection order meets the following conditions:

        (1)    the order was issued after a hearing of which the person received actual notice and at which the person had an opportunity to participate; and

        (2)    the order restrains the person from harassing, stalking, or threatening the household member or engaging in other conduct that places the household member in reasonable fear of bodily injury; and

        (3)(a)    the order includes a finding that the person represents a credible threat to the physical safety of the household member; or

            (b)    by its terms the order explicitly prohibits the use, attempted use, or threatened use of physical force against the household member that reasonably would be expected to cause bodily injury.

    (B)    Upon conviction, the person shall be punished by a fine of one thousand dollars or imprisonment not to exceed thirty days, or both."

SECTION    3.    This act takes effect upon approval by the Governor.