By Brandon Moseley
The 2022 Alabama Regular Legislative session is just 28 days away and already dozens of bills have been pre-filed ahead of the session.
State Rep. Allen Treadaway has pre-filed anti-rioting legislation as House Bill 2, which he sponsored last year and was considered one of the most controversial bills of the legislative session.
The legislation increases the penalties for assaulting a first responder. Opponents of last year’s bill argued that it would stifle dissent and protests, and that it could be used against civil rights and social justice protests.
According to the synopsis, “Under existing law, the crime of assault in the second degree is committed when a person, with an intent to prevent a peace officer, detention or correctional officer, emergency medical personnel, or firefighter from performing a lawful duty, intends to cause physical injury and causes physical injury to any person. This bill would establish the crimes of assault against a first responder in the first and second degrees and would also further provide for the crime of assault in the second degree to reflect the creation of the crimes of assault against a first responder in the first and second degrees.”
The bill requires that people who participate in a riot be jailed for a minimum length of time. Many persons who participated in 2020 riots were let out of jail with minimum punishment, often being released before the officer that arrested them finished filing their reports.
Treadaway’s legislation would change that.
“This bill would amend the crimes of riot and inciting to riot and would establish the crimes of aggravated riot and unlawful traffic interference. This bill would include a mandatory period of incarceration to serve that is not subject to probation or parole.
“Under existing law, a person arrested for a crime of domestic violence or elder abuse is required to be held in custody until brought before the court within 48 hours for the purpose of consideration of bail. This bill would also provide that if a person is arrested for committing a crime of assault against a first responder, riot, inciting to riot, aggravated riot, or unlawful traffic interference, the person would be required to be held in custody until brought before the court within 24 hours for the purpose of consideration of bail, or if not brought before the court within 24 hours, would be subject to bail according to the Alabama Rules of Criminal Procedure.”
Treadaway’s bill would also punish local governments who choose to “Defund the Police” – a movement that is popular among some liberal circles.
“Under existing law, local law enforcement agencies are primarily funded by the political subdivisions of the state that the agencies serve. This bill would also provide that if a political subdivision of the state dissolves or defunds a local law enforcement agency, the political subdivision may not receive any state grant or aid money and may not receive any allocation of any state revenues directly shared with local governments that is not otherwise required by the Constitution of Alabama of 1901, until the local law enforcement agency is fully restored and funded.”
Treadaway is a career police office who recently retired as a Deputy Chief of Police after 31 years with the Birmingham Police Department.
The Alabama Legislature will meet for its regular legislative session beginning on Jan. 11, 2022.
To connect with the author of this story, or to comment, email brandon.moseley@1819News.com.
