(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both. (E) A person who violates the provisions of this section and the violation results in significant property damage or public endangerment is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than ten years, or both. (F) A person who violates the provisions of this section and the violation results in: (1) great bodily injury to another person is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than fifteen years, or both. For purposes of this bodily means bodily injury item, ‘great injury’ which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; and (2) the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years. (G) This section does not apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards.” SECTION 4. 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founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action,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of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.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 5. This act takes effect upon approval by the Governor. XX
(3) third or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than five years, or both. (E) A person who violates the provisions of this section and the violation results in significant property damage or public endangerment is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than ten years, or both. (F) A person who violates the provisions of this section and the violation results in: (1) great bodily injury to another person is guilty of a felony and, upon conviction, must be fined not more than fifteen thousand dollars or imprisoned not more than fifteen years, or both. For purposes of this item, ‘great bodily injury’ means bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ; and (2) the death of another person is guilty of a felony and, upon conviction, must be imprisoned not more than thirty years. (G) This section does not apply to licensed and certified contractors while performing usual and ordinary service in accordance with recognized standards.” SECTION 4. 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 5. This act takes effect upon approval by the Governor. XX
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