Alabama House committee approves bills expanding police powers
The Alabama House Public Safety and Homeland Security committee last week approved a series of measures giving law enforcement additional powers over objections from Democrats about potential abuse.
The three bills passed on Wednesday allow police and sheriffs' deputies to confiscate vehicles of those who drive without their driver's licenses; require residents to divulge personal information while being questioned by law enforcement; and allows law enforcement to detain people for up to 24 hours on charges of resisting arrest.
Democrats expressed concerns with all the measures.
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'You got some hot-headed officers out there, and they demand too much for being a police officer in blue,' said Rep. Thomas Jackson, D-Thomasville.
HB 296, sponsored by Rep. Chris Sells, R-Greenville, allows law enforcement to hold people charged with resisting arrest for up to a day. The three-page legislation offered few changes to the law except for adding the detention section.
'It is a growing problem, local law enforcement asked me to bring this,' Sells said. 'It is getting to be more of a problem with people resisting arrest.'
HB 34, sponsored by Rep. Ron Bolton, R-Northport, makes it unlawful for a person questioned by police in public to give a false date of birth to law enforcement when asked. It is currently illegal to provide a false name and address to law enforcement when asked. HB 34 adds a person's birth date to the information that law enforcement can demand from people they encounter.
People who provide a false name, address or date of birth could be charged with a Class A misdemeanor, punishable by one year in jail and a fine of up to $6,000.
In addition, Bolton's legislation also makes it a Class C misdemeanor, punishable by up to three months in jail and a $500 fine, for a person to 'knowingly refuse to give the law enforcement officer his or her name, address, date of birth, and an explanation of his or her actions.'
'The requirement to provide a person's identification doesn't cross over into the Miranda guidelines,' Bolton said. 'When they start questioning them, asking them specific questions, it does, but simply identifying themselves is not covered by Miranda.'
HB 304, sponsored by Rep. Jamie Kiel, R-Russellville, allows law enforcement to impound people's vehicles if their driver's licenses were revoked, suspended or expired for more than 180 days. It also establishes several fines and fees.
For people with driver's licenses from another state that are not valid, law enforcement may levy a fine of $100 to $500 for the infraction, and $50 in court costs. The person's driving privileges may also be suspended for an additional six months.
Money from the fines and fees goes to the Traffic Safety Trust Fund, the Peace Officers' Standards and Training Fund and the police or sheriff's department that made the arrest.
Democrats on the committee said the bills amounted to overreach.
'There is an issue between policing and community in this state, and in the nation, what we are doing is making it even worse by passing these types of bills,' Jackson said.
Rep. Jeremy Gray, D-Opelika, said that the bills expand police powers to the point that it infringes on the public's rights.
'What right does the citizen have in this whole thing?' Gray said. 'It seems like you are giving law enforcement a lot of autonomy to do whatever they want. If I am a citizen, and I am not doing anything … what rights do I have as a citizen with this bill?'
Rep. Tim Wadsworth, R-Arley, was the lone Republican on the committee to express any concerns with any of the legislation.
'By doing this bill, what we are going to end up doing is put people in a place where they are going to lose their vehicle and they will end up losing their job, even losing their house as a result of this,' he said. 'I have been involved where, if you don't put a $2 ticket in, they tow your vehicle and charge you $200. With all these fees, once you get into the system, you can't get it back.'
Lawmakers are also considering legislation that gives police and deputies, as well as corrections officers and tactical medics, enhanced protection against criminal prosecutions and civil litigation that people may file for alleged misconduct.
Republican lawmakers decided to make crime their top priority for the 2025 legislative session after Gov. Kay Ivey announced in a news conference that she is supporting several bills aimed at addressing public safety, particularly violent crime.
Many of the proposals she wants to adopt focus on enhancing police powers, from providing additional benefits and legal protections to assist with recruitment and retention to enhancing penalties for specific crimes that could exacerbate prison overcrowding.
Democrats have proposed a series of measures, including bills to make possession of Glock switches — which rapidly increase the rate of fire of semi-automatic weapons — a state crime, and require safe storage of firearms in homes with children. Thus far, the Republican supermajority has stalled the bills sponsored by Democrats. The House Public Safety and Homeland Security Committee has rejected the safe storage measure. A Republican-version of the Glock switch ban is expected to be in committee on Wednesday.
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