HB34 Alabama 2023 Session

Updated Apr 17, 2023

House Bill

Enacted

Current Status

Regular Session 2023

Session

Sponsor

Summary

Primary Sponsor: Tracy Estes Representative
Republican
Session: Regular Session 2023
Title: Relating to crimes and offenses; to amend Section 13A-11-61.1, Code of Alabama 1975; to provide that it is unlawful to discharge a firearm on school property; to provide criminal penalties; to provide for exceptions; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
Description: Under existing law, it is unlawful to discharge a firearm into an occupied or unoccupied school building.
This bill would provide that it is unlawful to discharge a firearm on school property.
This bill would provide for criminal penalties for discharging a firearm on school property.
This bill would also provide for exceptions.
Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions HB34 INTRODUCED contained in the amendment.
Subjects: Crimes and offenses; to further provide for the crime of unlawful discharge of a firearm on school property