SB347 SFA Romano 2-26 #2

Baker x7816

            Senator Romano moved to amend the bill on page nineteen, after line eight, by inserting a new section, designated section three-a, to read as follows:

§61-7-3a. Person under age twenty-one carrying deadly weapon without authorization; penalties.

            (a) Any person who is under age twenty-one and who carries a concealed deadly weapon, without a state license or other lawful authorization established under the provisions of this code, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $1,000 and may be imprisoned in the county jail for not more than twelve months for the first offense; but upon conviction of a second or subsequent offense, he or she shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than one nor more than five years and fined not less than $1,000 nor more than $5,000: Provided, That any active duty military or law-enforcement personnel is exempted from the requirements of this section.

            (b) It shall be the duty of the prosecuting attorney in all cases to ascertain whether or not the charge made by the grand jury is a first offense or is a second or subsequent offense and, if it shall be a second or subsequent offense, it shall be so stated in the indictment returned, and the prosecuting attorney shall introduce the record evidence before the trial court of such second or subsequent offense and shall not be permitted to use discretion in introducing evidence to prove the same on the trial.

Adopted

Rejected