H 3650 — Discharging firearms into dwellings and other structures

2025-2026 Bill 3650 Text of Previous Version (Feb.(Dec.

26,12, 2025)2024) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 3650Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Februarybill 26,  2025TO  AMEND H.THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-1-60, RELATING TO OFFENSES DEFINED AS VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF DISCHARGING FIREARMS AT OR INTO A DWELLING HOUSE, OTHER BUILDING, STRUCTURE, ENCLOSURE, VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT;

3650   Introduced by Reps.

G.

M.

Smith, Wooten, Pope, Chapman, W.

Newton, Bailey, Robbins, Crawford and Guest   S.

Printed 2/26/25--H.

Read the first time January 14, 2025   ________   The committee on House Judiciary To whom was referred a Bill (H.

3650) to amend the South Carolina Code of Laws by amending Section 16-1-60, relating to offenses defined as violent crimes, so as to include the offense of discharging, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

  W.

NEWTON for Committee.

    statement of estimated fiscal impact Explanation of Fiscal Impact State Expenditure This bill adds the requirement that discharging of a firearm at or into a dwelling house, other building, structure, enclosure, vehicle, aircraft, watercraft, or other conveyance, device, or equipment must be done knowingly and willingly in order to be a crime under §16-23-440 and adds this constitutes a violent crime.  The bill also expands the penalty schedule for the knowing and intentional discharge of a firearm at or into these structures or devices.        Current:

Section 16-23-440(A), Felony Offense Unlawful discharge of firearms at/into dwelling house, building, structure, or enclosure regularly occupied by persons Penalty $1,000 or imprisonment <10 years, or both Proposed:

Section 16-23-440(A)(1), Felony Offense Knowing and intentional discharge of firearms at/into dwelling house, building, structure, or enclosure regularly occupied by persons Penalty $20,000 and imprisonment <10 years Proposed:

Section 16-23-440(A)(2), Felony Offense Same offense as (A)(1) where any occupant is struck, or bodily injury occurs or is the proximate cause of discharge of the firearm Penalty $50,000 and imprisonment <15 years Current:

Section 16-23-440(B), Felony Offense Unlawful discharge of firearms at/into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied Penalty $1,000 or imprisonment <10 years, or both Proposed:

Section 16-23-440(B)(1), Felony Offense Knowing and intentional discharge of firearms at/into any vehicle, aircraft, watercraft, or other conveyance, device, or equipment while it is occupied Penalty $20,000 and imprisonment <10 years Proposed:

Section 16-23-440(B)(2), Felony Offense Same offense as (B)(1) where any occupant is struck, or bodily injury occurs or is the proximate cause of discharge of the firearm Penalty $50,000 and imprisonment <15 years   Specifying that this offense as a violent crime renders a defendant ineligible for diversion programs and the Youthful Offender Act, affects the factors considered in a defendant's release on bond, renders the defendant subject to additional imprisonment, and affects a defendant's parole proceedings, among other items.

  This bill may impact the General Sessions court caseload as it adds a requirement that the action be knowing and intentional and may affect the number of incarcerations due to the expansion of the penalty schedule.  This may increase the workload of the court system and the Commission of Indigent Defense, the Commission on Prosecution Coordination, Corrections, and PPP.  The potential increase in expenses for each agency will depend upon the increase in workload and number of incarcerations.  These agencies anticipate that the potential increase in workload can be managed within existing appropriations.

For information, according to Corrections, in FY 2023-24, the annual total cost per inmate was $40,429, of which $36,553 was state funded.

  State Revenue This bill may result in a change in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in a change to General Fund and Other Funds revenue due to any change in fines and fees collections in court.

    Frank A.

Rainwater, Executive Director Revenue and Fiscal Affairs Office   _______                 A bill   TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-1-60, RELATING TO OFFENSES DEFINED AS VIOLENT CRIMES, SO AS TO INCLUDE THE OFFENSE OF DISCHARGING FIREARMS AT OR INTO A DWELLING HOUSE, OTHER BUILDING, STRUCTURE, ENCLOSURE, VEHICLE, AIRCRAFT, WATERCRAFT, OR OTHER CONVEYANCE, DEVICE, OR EQUIPMENT;

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