Senator Hembree proposes the following amendment (SEDU-3650.DB0003S):
Amend the bill, as and if amended, SECTION 2, by striking Section 16-23-440(A) and (B) and inserting:
(A) It is unlawful for a person to knowingly, and intentionally unlawfully and deliberately or with a reckless disregard for life discharge discharges or cause causes to be discharged unlawfully firearms at or into a dwelling house, other building, structure, or enclosure regularly occupied by persons unless it is in defense of that person's own property or the life of himself or another as provided in Title 16, Chapter 11, Article 6. A person need not have a specific intent to strike a dwelling house, other building, structure or enclosure regularly occupied by persons to be guilty under this section. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both. must be fined not more than:(1) twenty thousand dollars and imprisoned not more than ten years; and
(2) fifty thousand dollars and imprisoned not more than fifteen years when any occupant is struck or bodily injury occurs as a proximate cause of the discharge of a firearm.
(B) It is unlawful for a person to knowingly, and intentionally unlawfully and deliberately or with a reckless disregard for life discharge discharges or cause causes to be discharged unlawfully firearms at or into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied unless it is in defense of that person's own property or the life of himself or another as provided in Title 16, Chapter 11, Article 6. A person need not have a specific intent to strike a vehicle, aircraft, watercraft or other conveyance, device or equipment while it is occupied by persons to be guilty under this section. For purposes of this section an unmanned aerial vehicle shall not constitute an aircraft. A person who violates the provisions of this subsection is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ten years, or both.must be fined not more than:
(1) twenty thousand dollars and imprisoned not more than ten years; and
(2) fifty thousand dollars and imprisoned not more than fifteen years when any occupant is struck or bodily injury occurs as a proximate cause of the discharge of a firearm.
(C) A person who discharges or causes to be discharged a firearm in a criminally negligent manner while in preparation for, engaged in the act of, or returning from hunting, in violation of Section 50-1-85, cannot be charged with a violation of this section. Nothing however herein prohibits the charging of a violation under any other applicable section.
Renumber sections to conform.
Amend title to conform.