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 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.