GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
S 1
SENATE BILL 486*
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Short Title: Rachel's Law. |
(Public) |
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Sponsors: |
Senators Allran, Snow; Apodaca, Atwater, Berger of Franklin, Bingham, Cowell, Graham, Holloman, Jacumin, Nesbitt, Presnell, Rand, and Webster. |
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Referred to: |
Judiciary II. |
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March 15, 2005
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.