GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

S                                                                                                                                                    D

SENATE DRS85115-LH-111*  (03/08)

Short Title:     Rachel's Law.		(Public)
Sponsors:	Senators Allran, and Snow.
Referred to:

A BILL TO BE ENTITLED

AN ACT to increase the penalty for discharging certain weapons into occupied property in certain circumstances.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14-34.1 reads as rewritten:

"§ 14-34.1.  Discharging certain barreled weapons or a firearm into occupied property.

(a)       Any person who willfully or wantonly discharges or attempts to discharge:

(1)       Any barreled weapon capable of discharging shot, bullets, pellets, or other missiles at a muzzle velocity of at least 600 feet per second; or

(2)       A firearm into any building, structure, vehicle, aircraft, watercraft, or other conveyance, device, equipment, erection, or enclosure while it is occupied is guilty of a Class E felony.felony punishable as provided by subsections (b), (c), and (d) of this section.

(b) A person who violates subsection (a) of this section is guilty of a Class E felony unless subsection (c) or subsection (d) of this section provide for greater punishment.

(c) A person who violates subsection (a) of this section by discharging a weapon described in subsection (a) of this section into a dwelling or any vehicle, aircraft, watercraft, or other conveyance that is traveling upon the public streets or highways of this State or in a public vehicular area, or is traveling upon any waterway or in any airspace within this State, is guilty of a Class C felony.

(d) If a person violates subsection (c) of this section and the violation results in serious injury to any person, the person is guilty of a Class B2 felony."

SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.