MONTGOMERY — Despite hours of Democrat protests, the Alabama House of Representatives passed several bills on Thursday to bolster public safety, most from the Gov. Kay Ivey-backed Safe Alabama Package.
The body passed three Republican-backed public safety bills and one additional bill that, while not a part of the Safe Alabama Package, still targets public safety and officer protection.
House Bill 202: Police immunity
House Bill 202 (HB202) by State Rep. Rex Reynolds (R-Huntsville) would repeal the current laws on police immunity and establish that a law enforcement officer shall be immune from any claim that seeks to impose civil liability on the officer for conduct performed within the officer's discretionary authority.
The bill creates heightened requirements for a plaintiff to prove that an officer acted outside their authority and new legal proceedings and hearings for the plaintiff to bring a complaint. It also creates additional immunity hearings for officers who are accused of misconduct. The bill's provisions cover both civil and criminal immunity for police.
Despite committee amendments, House Democrats spent three hours railing against the bill, claiming it would allow police brutality and other misconduct by creating differing levels of legal protections for police that aren't available to everyday citizens. Some also claimed it would further cause discrimination and targeting of blacks and other minorities by police.
Reynolds, a former Huntsville police officer, presented the bill before the House.
After some initial drama surrounding House leadership's decision not to allow debate on the day's special order calendar, Democratic lawmakers spent the following hours slamming the bill.
"This substantially alters the level of culpability, liability and exposure law enforcement gets the privilege of using on both the criminal and the civil side," said State Rep. Chris England (D-Tuscaloosa). "The whole purpose of the bill is to expand immunity; to make it much more difficult to sue a law enforcement officer, and also prosecute someone who is in law enforcement."
Some Republicans spoke in support of the measure, such as State Rep. Russell Bedsole (R-Alabaster), who said it was time to update state law and align it with court precedents on the use of force and deadly force.
"As a current law enforcement officer, I just wanted to rise today to voice my support for you and your efforts, the efforts of the team that has been working on this," Bedsole said. "Also, my appreciation to the members of the other party, in which they worked very hard with you on this. But, most importantly, I wanted to stand to voice my support for the 16,000 who serve our state as members of law enforcement."
HB202 passed 75-26 after three hours of debate.
House Bill 265: Increased penalties for resisting arrest.
House Bill 265 (HB265) by State Rep. Joe Lovvorn (R-Auburn) is not a part of the Safe Alabama Package but still aligns with the legislative push for public safety this year. The bill would increase the penalty for resisting arrest to a Class D felony if the person brandishes a deadly weapon or dangerous instrument or if the person's active resistance causes a physical injury to another individual. The penalty would be a Class C felony if the individual attempts to use a deadly weapon or causes a "serious" injury to another.
Lovvorn noted during the House debate that the penalty for injury would apply if the person fleeing injures anyone, including a police officer while resisting arrest.
Democrats similarly objected to HB265, albeit with less fervor than HB202. The main crux of democratic opposition was that the bill would allow innocent persons to be unjustly prosecuted.
"What if the person is not guilty of anything?" asked State Rep. Napoleon Bracy (D-Prichard). The only thing that they're guilty of is running from the police; that's the only thing that they're guilty of. Have they committed a crime because the police say 'stop?'"
"This will be treated as a crime enhancement," Lovvorn replied. "So, if you're declaring someone is under arrest, and then they resist that arrest and take off running, then this would apply as an enhancement."
Lovvorn also clarified, after an inquiry from State Rep. Neil Rafferty (D-Birmingham), that the enhancement could apply to an officer who independently injures himself during a pursuit without physical interaction with a suspect.
HB265 passed 78-14 after nearly one hour of Democratic protest.
Senate Bill 116: Glock Switch ban.
The House passed the switch ban 78-22.
Senate Bill 115: Enhanced penalties for impersonating a police officer.
Senate Bill 115 (SB115) by State Sen. Clyde Chambliss (R-Prattville) states that a person
commits the crime of impersonating a peace officer if they are employed as or accept an appointment either knowing that they are not eligible to serve as a peace officer under the law or knowing that their certification with the Alabama Peace Officers' Standards and Training Commission (APOSTC) has been revoked or suspended.
State Rep. Ron Bolton (R-Northport) brought the bill to the House without real pushback. It passed 98-0 with four abstentions.
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