S 0114 General Bill, By Leventis and Lourie
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 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.

   12/06/06  Senate Prefiled
   12/06/06  Senate Referred to Committee on Judiciary
   01/09/07  Senate Introduced and read first time SJ-75
   01/09/07  Senate Referred to Committee on Judiciary SJ-75
   01/17/07  Senate Referred to Subcommittee: Hawkins (ch), Sheheen,
                     Lourie, Vaughn

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 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.    Article 1, Chapter 25, Title 16 of 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 must be punished by a fine of one thousand dollars or imprisonment not to exceed thirty days, or both."

SECTION    2.    Chapter 4, Title 20 of 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.