H 3130 Session 115 (2003-2004) H 3130 VERSIONS OF THIS BILL
12/4/2002 4/1/2004 4/5/2004 4/8/2004 4/14/2004 5/26/2004 5/27/2004 5/27/2004-A ![]() ![]()
Indicates New Matter COMMITTEE AMENDMENT ADOPTED May 27, 2004
S. Printed 5/27/04--S. Read the first time April 15, 2004.
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. Amend Title To Conform Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-3-1750 of the 1976 Code, as last amended by Act 175 of 2002, is further amended to read:
"Section 16-3-1750. (A) (B) An action for a restraining order must be filed in the county in which: (1) the defendant resides when the action commences;
(2) the harassment, (3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found. (C) A complaint and motion for a restraining order may be filed by any person. The complaint must:
(1) allege that the defendant is engaged in harassment, (2) be verified; and (3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.
(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. (E) If a person is convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65 and the court makes a finding of imminent danger to the applicant, the court must order the person subject to a restraining order to surrender all firearms, as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e), to the local sheriff for the duration of the order. If a person is convicted of criminal domestic violence pursuant to Section 16-25-20(A) and the court makes a finding of imminent danger to the applicant, the court may order the person subject to a restraining order to surrender all firearms, as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e), to the local sheriff for the duration of the order. In determining imminent danger to the applicant, the court must consider the following: (1) the use or threatened use of a deadly weapon by the respondent or pattern of prior conduct by the respondent involving the use of a firearm; (2) serious injury inflicted by the respondent upon the petitioner or a minor child in the petitioner's household; (3) threats by the respondent to seriously injure or murder the petitioner or a minor child in the petitioner's household; or (4) threats by the respondent to commit suicide. (F) Upon issuance of a restraining order for which a filing fee must be paid, the magistrate must direct the person subject to the restraining order to pay the filing fee. (G) The court may find a person subject to a restraining order in contempt of court for failure to pay the required filing fees as ordered. (H) Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State." SECTION 2. Section 16-23-30 of the 1976 Code is amended to read:
"Section 16-23-30. (A) It
(2) a person convicted of criminal domestic violence pursuant to Section 16-25-20(A) or a person convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65;
SECTION 3. Article 3, Chapter 23, Title 16 of the 1976 Code is amended by adding: "Section 16-23-235. It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State, a machine gun, sawed-off shotgun, shotgun, or rifle or sawed-off rifle as defined in this chapter to a person convicted of criminal domestic violence pursuant to Section 16-25-20(A) or to a person convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65." SECTION 4. Chapter 25, Title 16 of the 1976 Code is amended by adding: "Section 16-25-75. Upon conviction of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65 or upon the second or subsequent conviction of criminal domestic violence pursuant to Section 16-25-20(A), the offender must surrender all firearms owned by him or in his possession to the County Sheriff who may transfer the weapons to the Bureau of Alcohol, Tobacco and Firearms." SECTION 5. Section 17-15-40 of the 1976 Code is amended to read:
"Section 17-15-40. (A) (1) the use or threatened use of a deadly weapon by the person or pattern of prior unlawful conduct by the person involving the use of a firearm, (2) serious injury inflicted by the person upon the victim or a minor child in the victim's household, (3) threats by the person to seriously injure or murder the victim or a minor child in the victim's household, or
(4) threats by the person to commit suicide, upon releasing the person on any of the (B) If a person is charged with a violent crime as defined in Section 16-1-60, the court must order the person, as a condition of bond, to surrender to the county sheriff all firearms as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e) that are owned or possessed by the defendant. The sheriff must store the firearms until final disposition of the charges. (C) If a person is charged with a criminal domestic violence pursuant to Section 16-25-20(A), the court may order the person, as a condition of bond, and only when requested by or with the consent of the victim or the victim's representative, to surrender to the county sheriff all firearms as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e) that are owned or possessed by the defendant. The sheriff must store the firearms until final disposition of the charges." SECTION 6. Section 20-4-60(d) of the 1976 Code is amended to read: "(d) No protective order issued pursuant to this chapter may, in any manner, affect the title to real property, except pursuant to the provisions of subsection (f)." SECTION 7. Section 20-4-60 of the 1976 Code, as last amended by Act 396 of 1996, is further amended by adding: "(f) After court consideration of the following: (1) the use or threatened use of a deadly weapon by the respondent or pattern of prior conduct by the respondent involving the use of a firearm, (2) serious injury inflicted by the respondent upon the petitioner or a minor child in the petitioner's household, (4) threats by the respondent to seriously injure or murder the petitioner or a minor child in the petitioner's household, or (3) threats by the respondent to commit suicide, if an order of protection is issued pursuant to this chapter, and the court finds that there is an imminent danger to the petitioner by the respondent, the court may order the respondent to surrender all firearms as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e) to the county sheriff as a condition of the order of protection. The sheriff must store the firearms for the duration of the order of protection." SECTION 8. This act takes effect upon approval by the Governor.
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