MONTGOMERY — After teasing it in her State of the State address on Tuesday, Gov. Kay Ivey announced the filing of her eight-bill package on Wednesday in an effort to bolster public safety and assist law enforcement in the state.
In keeping with what Ivey called her "number one priority" this legislative session, lawmakers filed a series of bills, dubbed the Safe Alabama package, designed to increase public safety while giving additional assistance to law enforcement officers.
The bills are dispersed between the House and Senate as both bodies carry the bills through the legislative process.
"The men and women who wear the badge represent the very best of our state, and it's time that we take additional steps to show them that we have their backs and appreciate the sacrifices they make to protect and serve," said House Speaker Nathaniel Ledbetter (R-Rainsville). "The Safer Alabama Package sends a clear message that Alabama stands firmly behind our law enforcement officers and has zero tolerance for those who threaten the safety of our citizens. I'm proud to partner with Governor Ivey on this initiative and am excited to begin moving these bills through the legislative process."
The first bill in the package will likely be the most controversial, as it would repeal the existing law concerning peace officer immunity and establish a new form of legal protection for law enforcement officers.
Law enforcement protections from civil liability
House Bill 202 (HB202), sponsored by State Rep. Rex Reynolds (R-Huntsville), would establish a new form of legal protection for law enforcement officers to foreclose any civil liability claim against an officer based on conduct performed within their discretionary authority.
An officer would be shielded from a civil lawsuit for using force unless they acted "recklessly without law enforcement justification" or the officer's conduct "violated a clearly established state or federal statutory or constitutional right."
The bill would also establish procedures designed to halt legal proceedings while the officer seeks to prove the protections afforded under the new law in court.
Punishment for impersonating a police officer
Under existing law, a person commits the crime of impersonating a peace officer if they falsely pretend to be a peace officer or act in that capacity.
Senate Bill 115 (SB115), by State Sen. Clyde Chambliss (R-Prattville), would add new definitions to the criminal statute.
SB 115 would add that a person criminally impersonates a peace officer if they are employed or accept an appointment as one if they know themselves to be ineligible for the post under Alabama law or if their state peace officer certification has expired or been revoked.
It would further provide that a person commits the crime of impersonating a peace officer if they employ, appoint or facilitate an individual while knowing that the individual is prohibited from doing so.
"Fighting crime in our cities, streets and neighborhoods and allowing Alabamians to feel safe in their homes rank among our most important duties as lawmakers," said Senate President Pro Tem. Garlan Gudger (R-Cullman). "At the same time, the men and women who wear a badge and patrol our cities must know that their elected leaders in Montgomery have their backs at all times, and I am confident that this package accomplishes all of those goals."
Inner city gun violence actions and constitutional amendment.
The following two bills come from State Sen. Will Barfoot (R-Pike Road). Senate Bill 119 (SB119) enhances penalties and adds definitions to those banned from owning firearms. It would also expand the state's Aniah's Law, which allows judges to deny bail in specific scenarios. It would also require the Board of Pardons and Paroles to revoke probation if a parolee is found with an illegal firearm.
Under SB119, a person would be banned from possessing a firearm if they were convicted of committing or attempting to commit a felony, violent offense, misdemeanor domestic violence or if a person is under a protection order.
Crimes for which a person can now be denied bail would also include unlawfully possessing a firearm or shooting into an occupied dwelling, building, vehicle, watercraft, aircraft or any other imaginable means of transportation.
Senate Bill 118 (SB118) is a Constitutional Amendment required for the state to enact the bail provisions of SB119.
Glock Switch ban
House Bill 26 (HB26) by State Rep. Phillip Ensler (D-Montgomery) would ban the possession of a pistol with a part or combination of parts designed to convert the gun from semi-automatic to automatic; these are colloquially called switches or Glock switches.
Switches are currently illegal under federal law. HB2 would create an Alabama statute, making them illegal under state law.
Increased funding for the Metro Area Crime Suppression Unit
A budget proposal would boost the funding of the Metro Area Crime Suppression (MACS) Unit, the state-run unit designed to crack down on high-crime areas. The MACS Unit has already shown significant success in Montgomery. The budget proposal would include $3 million in recurring appropriations supporting a permanent, 24-man crime suppression unit.
Juvenile accountability and monitoring
House Bill 133 (HB133) by State Rep. Reed Ingram (R-Pike Road) would permit the Board of Pardons and Paroles or other state agencies to conduct electronic monitoring of minors released by a juvenile court pending disposition of their case.
One bill in the package has nothing to do with criminal punishments or penalties. House Bill 188 (HB188) by State Rep. Allen Treadaway (R-Morris) would establish the Alabama Law Enforcement Officers' Family Scholarship Program. The scholarship is designed to boost law enforcement recruitment and retention by providing financial assistance for college tuition and associated expenses to eligible dependents of long-serving law enforcement officers. It would apply to undergraduate programs at participating public technical schools, colleges and universities in Alabama.
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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