South Carolina H 3040: Elections

Bill Text

2025-2026 Bill 3040 Text of Previous Version (Feb. 04, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3040

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-23-440, RELATING TO DISCHARGING FIREARMS AT OR INTO DWELLINGS, 
STRUCTURES, ENCLOSURES, VEHICLES, OR EQUIPMENT; AND ASSOCIATED PENALTIES, SO AS 
TO EXPAND THE PURVIEW OF THE OFFENSE TO CERTAIN NONEXCLUSIVE PLACES, AND TO 
PROVIDE FOR LIFE IMPRISONMENT WITHOUT PAROLE WHEN ANY TYPE OF BODILY INJURY IS 
SUFFERED AS A RESULT OF THE OFFENSE.

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

SECTION 1. Section 16-23-440 of the S.C. 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, or other 
building, structure, or enclosure, or outdoor area regularly occupied by persons including, but not limited to, schools, churches or places of 
worship, indoor or outdoor shopping areas or malls, movie theatres, parking 
lots, or any other public gathering where three or more persons have come 
together as a group. 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 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 years, or 
both.

 (C) A person who violates the 
provisions of this section and who causes another person to suffer any type of 
bodily injury as a result is guilty of a felony and, upon conviction, must be 
sentenced to life imprisonment without the possibility of parole, unless 
otherwise charged and sentenced for murder pursuant Section 16-3-20.

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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This web page was last updated on February 04, 2025 at 04:19 PM