Committee approves amended bill raising penalties for firearm use in reckless endangerment and tightens habitual-offender standard

The Senate Judiciary Committee amended and gave a due-pass recommendation to House Bill 1225, which increases penalties for reckless endangerment when a firearm is used and adjusts habitual-offender enhancement language.

Ward County State's Attorney Rosa Larson introduced the bill on behalf of Representative Clamine and the North Dakota State's Attorneys Association. Larson said section 1 would add a Class B felony when a person uses a firearm in reckless endangerment and would retain Class C felony treatment in other circumstances. "You would think you could charge attempted murder, but actually attempted murder is an intentional act," Larson said, explaining why drive-by shootings and similar conduct can be charged as reckless endangerment where intent to kill a specific person is not provable.

Larson…