GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
S 3
SENATE BILL 486*
Judiciary II Committee Substitute Adopted 4/13/05
House Committee Substitute Favorable 7/20/05
Short Title: Rachel's Law. |
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Sponsors: |
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Referred to: |
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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 discharge
any firearm or 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
second 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, unless a greater
penalty applies.
(b) A person who willfully or wantonly discharges a weapon described in subsection (a) of this section into an occupied dwelling or into any occupied vehicle, aircraft, watercraft, or other conveyance that is being operated upon a public road, highway, public vehicular area, railroad track, or waterway, or in any airspace is guilty of a Class D felony.
(c) If a person violates subsection (a) or (b) of this section and the violation results in serious bodily injury to any person, the person is guilty of a Class C felony."
SECTION 2. This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.