State Rep. Donna Givens (R-Loxley) is not moving forward with a bill that would have increased penalties for harassing communications and assault on public officials.
House Bill 51 (HB51) provided added protections for current and former public officials, Givens said she also planned to amend the bill to add real estate agents, reporters, activists and community servants, such as PTO members.
However, the bill drew backlash from citizens who claimed it threatened free speech. They feared that if HB51 were passed, it could be used to silence anyone who disagreed with lawmakers by placing elected officials in a protected class.
"They are so worried that it's shutting their voice down, which is the farthest thing from the truth," Givens said. "Now, if they're harassing and threatening people and their children, then yes, they should be worried. But if they're not making threatening phone calls, you know, they should have never been worried to start with."
Givens told 1819 News she was inspired to file the bill after Agriculture Commissioner candidate Christina Woerner McInnis was sent harassing communications while on the campaign trail. The offender, Clate Lee Cark, Jr., was sentenced to 90 days in jail with seven days to serve and two years of probation.
Givens said Clark's sentence was light because that was what the law allows, and that's what she wanted to change.
"The judge did his job," Givens said. "The judge gave the sentence within the law. That's what needs to be changed is the sentencing and that's what this whole thing was about and it just got so ridiculously out of control. And people just insinuating they knew more than the attorneys of what this bill stated. And so sometimes when you try to help people, it's best to just wash your hands and say, 'I'm done with it."
The bill would have increased the penalty for harassing communications to a public official from a Class C misdemeanor to a Class B misdemeanor.
"I just don't think we live in a world where we should act like we're in a third world country, where it's OK to do that to people's family, to their children," she said.
Givens added she has never been threatened as a lawmaker and contended the bill was not about protecting herself. Due to the backlash, she said she will let it die.
"Some of these keyboard warriors that want to call out whomever, it's OK. That's your right," Givens said. "Continue to do so if that's what you want to do. But don't threaten their children. Don't threaten to kill them because they have a different opinion and that's what was happening. Horrible sexual threats, death threats. I just don't think we live in a society where this should be the norm. But the public did not understand it. They thought I was trying to silence their voice. Never in a million years would I try to silence anyone."
State Sen. Chris Elliott (R-Josephine) introduced Senate Bill 20 (SB20) to add "current and former local, state or federal officials" to an existing law that provides an increased penalty for those who commit assault on certain individuals. The law already provides a second-degree assault charge for those who commit assault on law enforcement, first responders, health care workers and utility workers.
"This extends protections that are already there for other public employees, like police officers and firefighters and teachers and EMS workers, and it just extends it to public officials," he explained. "So it's already there."
Elliott said he was asked to sponsor the bill by law enforcement after the assault of a council member in Bay Minette.
Harry Still III was convicted of third-degree assault after an altercation with Councilman Matt Franklin over city matters. Franklin claimed he was attacked outside his real estate office. However, Still claimed he was attacked and restrained Franklin until law enforcement arrived.
Still was convicted in municipal court and sentenced to 180 days in jail, split to serve 90 days and 24 months of probation. However, Still has appealed the conviction, and the case has been elevated to the Baldwin County Circuit Court.
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