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.

(Public)

Sponsors:

 

Referred to:

 

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.