HB4145 HFA Skinner 2-5 #2

Delegate Skinner moves to amend the bill on pages 2 and 3, by striking out section §61-7-3 in its entirety, and inserting in lieu thereof, the following:

Ҥ61-7-3. Carrying a deadly weapon without license or other authorization by persons under twenty-one years of age; penalties.

(a) Any person under twenty-one years of age, or who is prohibited from possessing firearms under section seven of this article who carries a concealed deadly weapon, without a state license or other lawful authorization established under the provisions of this code,shall be is 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 a state correctional facility not less than one two nor more than five years and fined not less than $1,000 nor more than $5,000.

(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.”