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H. 3130
STATUS INFORMATION
General Bill
Sponsors: Reps. Lourie and Haskins
Document Path: l:\council\bills\swb\5059cm03.doc
Companion/Similar bill(s): 972
Introduced in the House on January 14, 2003
Introduced in the Senate on April 15, 2004
Last Amended on May 27, 2004
Currently residing in the Senate
Summary: Criminal domestic violence, firearm restrictions, provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/4/2002 House Prefiled
12/4/2002 House Referred to Committee on Judiciary
1/14/2003 House Introduced and read first time HJ-56
1/14/2003 House Referred to Committee on Judiciary HJ-56
1/21/2004 House Member(s) request name added as sponsor: Haskins
4/1/2004 House Committee report: Favorable with amendment Judiciary HJ-5
4/5/2004 Scrivener's error corrected
4/8/2004 Scrivener's error corrected
4/13/2004 House Requests for debate-Rep(s). White, Thompson, Harrison,
Sinclair, Weeks, JH Neal, and Lourie HJ-27
4/14/2004 House Requests for debate removed-Rep(s). Thompson, Lourie,
Weeks, Harrison and Sinclair HJ-92
4/14/2004 House Amended HJ-100
4/14/2004 House Requests for debate-Rep(s). Moody-Lawrence HJ-104
4/14/2004 House Read second time HJ-105
4/15/2004 House Read third time and sent to Senate HJ-19
4/15/2004 Senate Introduced and read first time SJ-7
4/15/2004 Senate Referred to Committee on Judiciary SJ-7
5/26/2004 Senate Committee report: Favorable with amendment Judiciary
SJ-13
5/27/2004 Scrivener's error corrected
5/27/2004 Senate Amended SJ-263
5/27/2004 Senate Read second time SJ-263
5/27/2004 Senate Ordered to third reading with notice of amendments SJ-263
View the latest legislative information at the LPITS web site
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 Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
May 27, 2004
H. 3130
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) Under Pursuant to the provisions of this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment, or stalking, or charged with criminal domestic violence pursuant to Section 16-25-20(A) or criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65.
(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, or stalking, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20 occurred; or
(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, or stalking criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20 and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;
(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. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking. The court must not charge a fee for filing a complaint and motion for a restraining order against a person charged with criminal domestic violence pursuant to Section 16-25-20 or criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65. The court must not charge a fee for filing a complaint and motion for a second or subsequent restraining order against a person engaged in harassment or stalking if that person was the subject of a prior restraining order involving the same victim. All other complaints and motions for restraining orders are subject to the filing fee as provided in Section 8-21-1010(6).
(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 shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any pistol handgun to:
(a)(1) Any a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent.;
(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;
(b)(3) Any a person who is a member of a subversive organization.;
(c)(4) Any a person under the age of twenty-one, but this shall not apply to the issue issuance of pistols handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training, or the temporary loan of pistols handguns for instructions under the immediate supervision of a parent or adult instructor.; or
(d)(5) Any a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol handgun, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but any a person who shall be is the subject of such an application shall be is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(e)(B) It shall be is unlawful for any a person covered in (a), (b), (c) or (d) of this section enumerated in subsection (A) to possess or acquire pistols handguns within this State.
(f)(C) No A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen pistol handgun or one from which the original serial number has been removed or obliterated."
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) On After court consideration of the following:
(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 foregoing conditions in subsections (B) and (C), the court shall must issue a brief order containing a statement of the conditions imposed, informing the person of the penalties for violation of the conditions of release and stating that a warrant for the person's arrest will be issued immediately upon any such a violation of a condition of release. The person released shall acknowledge his understanding of the terms and conditions of his release and the penalties and forfeitures applicable in the event of a violation thereof of a condition of release on a form to be prescribed by the Attorney General.
(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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