H 3258 General Bill, By Kirsh
 A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DISCHARGING A FIREARM AT OR INTO A DWELLING, A STRUCTURE, AN
 ENCLOSURE, AND A VEHICLE OR EQUIPMENT, SO AS TO ADD THAT IT IS UNLAWFUL FOR A
 PERSON TO DISCHARGE A FIREARM AT OR INTO THE PREMISES OR PROPERTY OWNED BY A
 PRIVATE OR PUBLIC SCHOOL AND TO PROVIDE A PENALTY.

   01/11/05  House  Introduced and read first time HJ-146
   01/11/05  House  Referred to Committee on Judiciary HJ-146

TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING A FIREARM AT OR INTO A DWELLING, A STRUCTURE, AN ENCLOSURE, AND A VEHICLE OR EQUIPMENT, SO AS TO ADD THAT IT IS UNLAWFUL FOR A PERSON TO DISCHARGE A FIREARM AT OR INTO THE PREMISES OR PROPERTY OWNED BY A PRIVATE OR PUBLIC SCHOOL AND TO PROVIDE A PENALTY.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 16-23-440 of the 1976 Code is amended to read:

"Section 16-43-440.    (A)    It is unlawful for a person to discharge or cause to be discharged unlawfully firearms a firearm at or into a dwelling house, other another building, structure, or enclosure regularly occupied by persons. 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.

(B)    It is unlawful for a person to discharge or cause to be discharged unlawfully firearms a firearm at or into any vehicle, aircraft, watercraft, or other another conveyance, device, or equipment while it is occupied. 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.

(C)    It is unlawful for a person to discharge or cause to be discharged a firearm at or into any premises or property owned, operated, or controlled by a private or public school including, but not limited to, an elementary school, a secondary school, college, university, technical college, or another post-secondary institution. 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."

SECTION    2.    This act takes effect upon approval by the Governor.