The Alabama Senate Thursday approved a bill that could subject an adult who shoots a gun on school property to prison time.

HB 34, sponsored by Rep. Tracy Estes, R-Winfield, passed the Senate 31-0. The bill goes to Gov. Kay Ivey.

Sen. Will Barfoot, R-Pike Road, who carried the bill in the Senate, said the legislation addresses a real problem that they have seen across the state, though he did not cite a specific example.

More from Alabama Reflector

“The meat of the bill basically says that no person shall shoot or discharge a firearm on school property,” he said.

Under current law, a person who fires a gun into an unoccupied school bus or building is guilty of a Class C felony, punishable by up to 10 years in prison. A person who fires a gun into an occupied school bus or building is guilty of a Class B felony, punishable by up to 20 years in prison.

Estes’s bill adds the following:

• A person who shoots or discharges a firearm during school hours or during after school activity could be punished by a Class B felony.
• Other than above, a person who shoots or discharges a firearm on school property is guilty of a Class C felony.
• If the person is justified in their use of physical force, they would not be guilty.
• Practicing for a performance by an organized group under a 501(c)(3) status, a school-sanctioned event or a competition does not apply.
• People under 19 are not in violation of this section.

In response to a question by Sen. Rodger Smitherman, D-Birmingham, Barfoot said that while the bill does not include mention of intent, he believes that intent would be part of the bill. Smitherman had given the example of if a teacher or resource officer accidentally discharged a gun.

“It is my belief that there would have to be an intent rather than a negligent-type action,” Barfoot said.