ARIZONA STATE SENATE
Phoenix, Arizona
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 77 percent in 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. Allows the prosecutor to charge the crime as a class 1 misdemeanor.
4. Allows the court, if the prosecutor charges the crime as a felony, to reduce the charge to a class 1 misdemeanor.
5.
Adds
discharging a firearm into a municipality as a prohibited act.
6.
Requires
the discharge to be within one mile of an occupied structure (this includes any
place with walls and a floor where a human is likely to be near).
7.
Adds
use of blanks to the list of firearms discharges that are not prohibited.
8.
Includes
an explicit exception for animal attacks.
9.
Defines
municipality as including any area fully enclosed within a city or town.
10.
Makes
technical and conforming changes.
11.
Designates
the act as “Shannon’s Law.”
12. Contains an emergency clause but did not achieve the two-thirds vote necessary for the emergency clause to be effective.
Amendments Adopted by the House of Representatives
1.
Allows
prosecutors and the court to reduce the charge from a felony to a misdemeanor.
2.
Requires
the discharge to be within one mile of an occupied structure.
3.
Includes
an explicit exception for animal attacks.
Senate Action House
Action
JUD 1/25/00 DP
7-0-2-0 GOV REF 3/10/00 DPA 4-0-0-2-0
3rd Read 2/21/00 27-2-1-0 E 3rd Read 3/20/00 31-28-1-0 w/o E
Final Read 3/28/00 29-0-1-0
Signed by Governor 4/3/00
Chapter 119
Prepared by Senate Staff
April 10, 2000