ARIZONA STATE SENATE
Phoenix, Arizona
An emergency measure that
increases the penalty for discharging a firearm within a city or town.
On June 14th,
1999 a bullet fell from the sky killing 14-year old Shannon Smith while she was
talking on the phone in the backyard of her family’s Phoenix home. Shannon is one of many people in Arizona who
have died or been wounded by random gunfire.
Discharging a firearm within
a municipality constitutes a class 2 misdemeanor, which may be punished by up
to four months in jail and a $750 fine, plus 77% in surcharges. Exceptions are provided for self-defense, protection
of others, crime prevention, shooting on a properly supervised range, hunting,
control of nuisance wildlife, and for animal control officers.
The court may impose a fine
of up to $150,000 plus surcharges against any felon. A class 6 felony carries a term of incarceration of between four
months and two years with first time offenders eligible for probation. Greater penalties may be imposed if the
prosecutor makes a specific allegation of dangerousness or proves that the
person has committed other felonies.
However, even if someone discharges a firearm, prosecutors have the
discretion to charge the person with an offense that provides for a lesser
penalty—for example, attempted discharge of a firearm, or disorderly conduct.
Because S.B. 1307 creates a
felony, there may be increased costs for state correctional facilities. These may be offset by the higher fines and
surcharges that the court may impose on felons.
1.
Specifies
that a person must act with criminal negligence in order to be guilty of
discharging a firearm in a municipality.
2.
Increases
from a class 2 misdemeanor to a class 6 felony the designation for discharging
a firearm within a municipality.
3.
Adds
discharging a firearm into a municipality as a prohibited act.
4.
Adds
use of blanks to the list of firearms discharges that are not prohibited.
5.
Defines
municipality as including any area fully enclosed within a city or town.
6.
Makes
technical and conforming changes.
7.
Designates
the act as “Shannon’s Law.”
8.
Contains
an emergency clause.
Prepared by Senate Staff
January 21, 2000