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H. 4303
STATUS INFORMATION
General Bill
Sponsors: Reps. Kirsh, Bailey, Altman, Battle, Loftis, Whipper, Moody-Lawrence, Toole, Littlejohn and Mahaffey
Document Path: l:\council\bills\ms\7003ahb06.doc
Introduced in the House on January 10, 2006
Currently residing in the House Committee on Judiciary
Summary: Discharging a firearm in a dwelling
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 11/16/2005 House Prefiled 11/16/2005 House Referred to Committee on Judiciary 1/10/2006 House Introduced and read first time HJ-23 1/10/2006 House Referred to Committee on Judiciary HJ-23
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VERSIONS OF THIS BILL
TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, STRUCTURES, ENCLOSURES, AND VEHICLES OR EQUIPMENT, SO AS TO INCREASE THE MAXIMUM PENALTY FROM TEN YEARS TO FIFTEEN YEARS.
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 16-23-440. (A) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into a dwelling house, other 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 fifteen years, or both.
(B) It is unlawful for a person to discharge or cause to be discharged unlawfully firearms at or into any vehicle, aircraft, watercraft, or other 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 fifteen years, or both."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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