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Yahoo
19-05-2025
- Politics
- Yahoo
Alabama Legislature passes most bills in Gov. Kay Ivey's public safety package
Alabama Gov. Kay Ivey speaks at a press conference urging passage of a package of law enforcement bills on Feb. 12, 2025 at the Alabama State Capitol in Montgomery, Alabama. Behind Ivey is Montgomery County Sheriff Derrick Cunningham. Most of the bills in the package passed the Legislature this year.(Brian Lyman/Alabama Reflector) In her State of the State address in February, Gov. Kay Ivey called on the Legislature to pass a large public safety package. 'To back the blue, we will provide law enforcement with enhanced legal protections that allow them to carry out their duties courageously and effectively without fear of Monday morning quarterbacking in the courts,' Ivey said. By the end of the 2025 legislative session last week, nearly all of them had been approved. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Ivey on Thursday signed HB 202 a controversial bill sponsored by Rep. Rex Reynolds, R-Huntsville, that provides law enforcement with enhanced immunity protections. 'I was very proud to have two former law enforcement agents sponsoring this important bill in the House and the Senate,' Ivey said in a news release regarding the legislation. 'Rep. Rex Reynolds, a former police chief in Huntsville, and Sen. Lance Bell, a former deputy sheriff in St. Clair County, both did an excellent job moving the bill through the legislative process.' Despite support from Ivey and leadership in the chambers, the bill faced significant opposition from Democrats and civil rights groups, who expressed fears the bill would allow law enforcement to act with impunity. In the final Senate debate over the measure on Wednesday, several Black Democrats discussed encounters with law enforcement, the dangers Black Americans often encounter in them and the warnings they give to their children during those encounters. 'Somebody will look at my baby, and because he's six-foot, dreads in his hair — they won't see an honor student,' said Sen. Merika Coleman, D-Pleasant Grove. 'I can serve here now because my son helps with my father, who is a disabled vet. But there's somebody that will look at my baby and will decide he is a threat. This bill opens the door for more, not only my baby, but other babies to be at risk in the state of Alabama.' The bill was amended through the process and only received final approval in the last hour of the 2025 regular session Wednesday evening. Bills in the package focused on punishment and incarceration, from enhancing Aniah's Law that creates additional obstacles. Reynolds and other supporters of the immunity bill also argued the measures were needed to improve law enforcement recruitment in the state. Many big city departments, like Birmingham and Montgomery, have reported shortages of staff. Other bills included in the package enhanced penalties for people charged with crimes that involve firearms, allow agencies to revoke parole and electronically monitor people released from incarceration, as well as make it more difficult to release juveniles after arrest. Some bills in the package received bipartisan support, including one that criminalized converting semiautomatic pistols into fully automatic weapons. SB 115: This bill would broaden the existing crime of 'impersonating a peace officer' to include individuals who accept employment as a peace officer while knowing they are ineligible to serve or knowing that their Alabama Peace Officers' Standards and Training Commission certification has been revoked or suspended. SB 119: This bill would expand the current 'certain persons forbidden' law to include individuals with any prior felony conviction unless they have had their gun rights restored by pardon. It expands Aniah's Law and increases the penalty for shooting into an occupied dwelling, vehicle or other designated space from a Class B felony to a Class A felony. It requires the Alabama Board of Pardons and Paroles to revoke parole, or a court to revoke probation, when a parolee or probationer has been convicted of unlawful firearm possession and revokes probation or parole when the parolee or probationer is found in possession of a firearm by his or her parole or probation officer. SB 116: This bill would make it a Class C felony for a person to knowingly possess a 'Glock Switch'— a part or combination of parts designed to convert a pistol into a fully automatic machine gun. HB 199: This bill clarifies that the Alabama Board of Pardons and Paroles, or any other state agency, can provide electronic monitoring services to children released by a juvenile court pending disposition of their case, and repeals the 72-hour limitation on confinement of juvenile status offenders who have violated a valid court order. Democrats fully supported the Glock switch bill, which Rep. Phillip Ensler, D-Montgomery, had brought in prior sessions. 'As we always do, we are going to stand up for what we believe in and work in a bipartisan way, but then, when there are things that we oppose, like the immunity bill, we are going to fight back on those,' Ensler said in an interview on Wednesday. Ensler opted to view the package as separate bills instead of one large package that was a compendium of several pieces of legislation. 'Look, I would say in general though, between the Glock Switch bill, between those other restrictions on who can access firearms, and then the ankle monitors … there were some good things that came out of it,' he said. One bill that did not pass was HB 188, sponsored by Rep. Alan Treadaway, R-Morris, to provide scholarships for law enforcement dependents to attend post-secondary education institutions. The legislation won approval from the House in February and got Senate committee approval just over a week later, but did not come to the floor for a vote. HB 202 enhances the standard by which law enforcement may claim immunity from any wrongdoing from actions while performed on duty. Senate Minority Leader Bobby Singleton, D-Greensboro, managed to add reporting requirements to the bill, but the core of the legislation remains largely intact. Reynolds said in an interview Friday that the legislation 'clarifies a 30-year piece of legislation and allows for 'pause and review' within 45 days so that a Judge of jurisdiction can review and determine if they in fact have immunity under this law.' Civil rights groups remain skeptical that the legislation will enhance public safety. Jerome Dees, policy director at the Southern Poverty Law Center likened the legislation to the federal crime legislation that former President Bill Clinton sponsored in the 1990s that was supported by Republicans and eventually passed into law. 'I think after 30 years' worth of data and multiple Democratic administrations, those policies, those tactics, are not what actually moves the needle on public safety,' Dees said. 'What does work are things like the accountability courts, occupational licensure, that crime is often driven by economic opportunity for folks. What I would have liked to have seen from the administration and the Legislature is a greater focus on creating pathways and opportunities for individuals that they may see as at risk.' A'Niya Robinson, policy director for ACLU of Alabama, said she had questions about creating additional immunity protections for a class of individuals because of their professions. 'There is also a lot of references in the bill to an officer's 'discretionary authority,' and for us, that is very subjective, and of course it varies from officer to officer because part of it is based on their interpretation of the law, which can differ from person to person,' she said. She added that she was encouraged that the legislation included provisions for reporting, adding that it was an important bill in the package and one that only one that the ACLU of Alabama had been tracking. 'I think part of it is that it touches on so many things that matter to us all, as well as so many topics that have been in the news for the past couple of years,' she said. 'There have been a lot of law enforcement-involved shootings in the past couple of years, not just across the country but right here in Alabama. And that hits home for a lot of folks in this state. I think there are a lot of concerns with how law enforcement interacts with Black folks but other communities in this state, for example LGBTQ+ folks, people who have disabilities, and even folks who are in the media.' During debate over the bill on Wednesday, Democrats in both chambers said they wanted to support police officers who exercise restraint, and said they knew what happened if they did not. 'There's a reason that we are the ones speaking on this side of the aisle about this bill,' said Sen. Kirk Hatcher, D-Montgomery. 'Far too often, we are the victims of it.' Alander Rocha contributed to this report. 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Yahoo
16-05-2025
- Politics
- Yahoo
What passed in the Alabama Legislature: May 14, 2025
Rep. Phillip Rigsby, R-Huntsville, sits alone in the Alabama House chamber during a lengthy recess on May 14, 2025 at the Alabama Statehouse in Montgomery, Alabama. The House went into an extended recess on Wednesday, the final day of the 2025 regular session, as the Alabama Senate saw a filibuster from Democrats over local bills. (Brian Lyman/Alabama Reflector) Here are the bills that passed the Alabama Legislature on Wednesday, the final day of the 2025 regular session. House HB 199, sponsored by Rep. Travis Hendrix, D-Birmingham, allows the Board of Pardons and parole to electronically monitor a juvenile delinquent before their court hearing. The House concurred with Senate changes 101-0. Gov. Kay Ivey signed the bill on Thursday. HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, changes the standard by which law enforcement can claim immunity as they perform their jobs and gives them additional procedural protections during litigation. The House concurred with Senate changes 73-28; the Senate earlier on Thursday passed the bill 25-6. Gov. Kay Ivey signed it on Thursday. HB 581, sponsored by Rep. Terri Collins, R-Decatur, revises the distribution of Tennessee Valley Authority (TVA) in-lieu-of-tax payments in Morgan County by reallocating funds to support a legislative delegation office, the Morgan County Rescue Squad and local education. The House concurred with Senate changes 76-0. It goes to Ivey. Senate SB 171, sponsored by Sen. Clyde Chambliss, R-Prattville, prohibits the use of a motorized vehicle on land that is submerged below navigable waters. Violators would face a Class C misdemeanor, punishable by up to three months in jail and a $500 fine. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 88, sponsored by Sen. Arthur Orr, R-Decatur, allows a judge to set a hearing on a petition for a criminal expungement even if a prosecutor or a victim files no objection. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 76, sponsored by Sen. April Weaver, R-Alabaster, exempts nursing mothers from jury service. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 108, sponsored by Sen. April Weaver, R-Alabaster, criminalizes mail theft, establishing penalties based on the number of addresses affected and the intent to commit identity fraud. Offenses range from a Class A misdemeanor, punishable by up to one year in jail, to a Class B felony, punishable by up to 20 years in prison. It passed 103-0 with a House substitute. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SB 42, sponsored by Sen. Tim Melson, R-Florence, allows landowners adjacent to abandoned state roads to petition state, county, or municipal governing bodies to deed them back to the original landowners when the road is no longer usable for its intended purpose. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 101, sponsored by Sen. Larry Stutts, R-Tuscambia, raises the medical age of consent from 14 to 16 with some exceptions. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 206, sponsored by Sen. Josh Carnley, R-Ino, establishes regulations for businesses advising or assisting individuals with veterans' benefits claims. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 142, sponsored by Sen. Wes Kitchens, R-Arab, removes the Electronic Registration Information Center (ERIC) as an approved source for identifying voters whose addresses may have changed, requiring the use of the United States Postal Service's National Change of Address database and at least one other voter registration database. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. SB 53, sponsored by Sen. Wes Kitchens, R-Arab, creates the crime of human smuggling as a Class C felony, punishable by up to 10 years in prison, if someone transports a person without legal status into the state of Alabama. It also allows local law enforcement to hold those suspected of living in the U.S. without authorization for up to 48 hours while their status is determined. The Senate concurred with House changes. The bill goes to Gov. Kay Ivey. HB 511, sponsored by Rep. Bryan Brinyark, R-Windham Springs, consolidates Fayette County's tax assessor and tax collector offices into a single Revenue Commissioner position. The bill passed 30-0. It goes to Gov. Kay Ivey. HB 512, sponsored by Rep. Bryan Brinyark, R-Windham Springs, increases the base salary of the Fayette County sheriff to $80,000 starting in 2027. The bill passed 28-0. It goes to Gov. Kay Ivey. HB 496, sponsored by Stubbs, R-Wetumpka, grants Elmore County the authority to levy a 4.5% excise tax on wholesale vapor products in the county. The measure, a constitutional amendment, passed 22-0 and will be decided by voters on November 4. HB 463, sponsored by Rep. Van Smith, R-Clanton, authorizes the Board of Commissioners of Chilton County 911 to establish procedures for the director to make purchases using a credit or debit card. The bill passed 30-0. It goes to Gov. Kay Ivey. HB 598, sponsored by Rep. Van Smith, R-Clanton, extends the corporate boundaries of the Town of Pine Level in Autauga County. The bill passed 27-0. It goes to Gov. Kay Ivey. HB 78, sponsored by Rep. Matt Simpson, R-Daphne, gives the presiding judge of the 28th Judicial Circuit the power to issue a standing order authorizing civil or criminal jury proceedings in any courthouse within the circuit, and provides procedures. The bill passed 29-0. It goes to Gov. Kay Ivey. HB 544, sponsored by Rep. Alan Baker, R-Brewton, authorizes Escambia County to appoint a medical examiner. The bill passed 28-0. It goes to Gov. Kay Ivey. HB 586, sponsored by Rep. Tim Wadsworth, R-Arley, extends the corporate limits of the City of Cullman in Cullman County. The bill passed 29-0. It goes to Gov. Kay Ivey. HB 395, sponsored by Rep. Ritchie Whorton, R-Owens Cross Roads, removes a specified area from the corporate limits of the City of New Hope in Madison County. The bill passed 25-0. It goes to Gov. Kay Ivey. HB 495, sponsored by Rep. Tracy Estes, R-Winfield, restructures the board of directors of the Marion County Public Water Authority. The bill passed 28-0. It goes to the Gov. Kay Ivey. HB 343, sponsored by Rep. Jim Carns, R-Birmingham, makes membership of the General Retirement System for Employees of Jefferson County mandatory for eligible full-time employees. The bill passed 26-3. It goes to Gov. Kay Ivey. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
15-05-2025
- Politics
- Yahoo
Alabama Legislature's 2025 session ends in lengthy Senate filibuster
Senate Minority Leader Bobby Singleton, D-Greensboro (center) speaks to Sen. Larry Stutts, R-Tuscumbia, on the floor of the Alabama Senate on May 14, 2025 at the Alabama Statehouse in Montgomery, Alabama. (Brian Lyman/Alabama Reflector) The Alabama Legislature's 2025 session ended Wednesday with the passage of a handful of bills and a lengthy Senate filibuster that doomed many more. Senate Democrats, upset after a dispute between the House and a senator over a gambling bill for Greene County, managed to slow consideration of an agenda of 50 local House bills in the chamber, which Senate President Pro Tempore Garlan Gudger, R-Cullman, said last week would be his priority for the last day of session. 'We're going to use the tools we have to make happen what we need to make happen,' said Senate Minority Leader Bobby Singleton, D-Greensboro, whose criticism of the House's handling of a local gambling bill led to the slowdown. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Republicans repeatedly clotured Singleton and Sen. Rodger Smitherman, D-Birmingham, the other major figure in the filibuster, limiting debate to 20 minutes. But Democrats asked for each bill to be read in its entirety and for a roll call vote on each motion. After about six hours, the Senate had only passed about 11 of the bills on its calendar. Smitherman later said that he felt locked out of the political process after discussing lawmakers from the same region working together to address local issues. Not being afforded the same luxury, he said the tools to represent his constituents effectively were taken away. 'I just couldn't do what I needed to do. That's all … when you've got no tools, you can build nothing. My tools were put in the toolshed, and they locked the door,' Smitherman said, saying he's 'trying to knock on the door.' The Republican-led chambers managed to pass HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, which extends police immunity protections. The legislation, a priority for GOP lawmakers and Gov. Kay Ivey, in the waning minutes of the session on Wednesday. In the House, the chamber concurred with Senate changes on HB 199, sponsored by Rep. Travis Hedrix, D-Birmingham, that allows the Board of Pardons and parole to electronically monitor a juvenile delinquent before their court hearing. But the Senate filibuster dominated most of the day. After the Shroud Award was presented to Rep. Ron Bolton, R-Northport, early Wednesday afternoon, House Speaker Nathaniel Ledbetter, R-Rainsville, said a farewell and thanked the chamber for all their work this session. 'You guys are like family to me. I love each one of you, and we pray every night for success throughout the districts,' Ledbetter said. 'And I can't be more proud of a group of men and women that serve the people of Alabama.' The House then recessed for nine hours to wait for the Senate to pass the police immunity bill. The slow grind Wednesday brought an end to a session that saw several notable pieces of legislation passed. Lawmakers approved a bill banning firearm modifications known as 'Glock switches,' which convert semi-automatic handguns into fully automatic weapons. The bill was the first gun restriction to pass the Alabama House since 2010, and passed after Rep. Philip Ensler, D-Montgomery, introduced similar legislation the year before. The Legislature also passed legislation to change the state's public school funding formula to help address the needs of underserved students through a new funding system. But Republican lawmakers also pumped $180 million into the CHOOSE Act, a voucher-like program in which families can claim tax credits for nonpublic education expenses, including private school tuition. The allocation far exceeded the $100 million lawmakers originally put into the bill. Lawmakers rushed through the 'What is a Woman Act' early in the session, provides definitions for sex, male, female, man, woman, boy, girl, mother and father. Critics said the bill attempted to erase trans and intersex identities. Lawmakers also passed bills targeting immigrants. Ledbetter highlighted the a bill regulating pharmacy benefit managers, a cut on the grocery tax and a bill allowing the state's dominant agricultural organization to offer its members health benefit plans. 'I think we got a lot to be proud of, lots to hang our hat on,' he said. Ledbetter said he was surprised HB 188, sponsored by Rep. Allen Treadaway, R-Morris, did not receive final passage. The bill would have created a scholarship program for dependents of law enforcement, which passed the House in February. 'I really don't even understand that one,' Ledbetter said. 'It's pretty simple to me, because we give everybody else scholarships. If we're really trying to protect the police officers and in this state, and back the blue then, to me, that's a no brainer.' Gudger said after the Senate adjourned that despite the partisan tensions of the last day, he felt like there was cooperation. He said that they could have concluded the debate sooner, but he wanted to make sure members 'were treated as fairly as possible.' 'You heard some people tonight saying they didn't treat them fairly tonight, but if you look back into how many minutes they've had at the mic, I think they've had more movements than anybody else on the floor. You've got to be able to balance that, and so you can't look at just one night,' he said. Gudger signaled the Senate might work on potential rule changes to improve efficiency before the next legislative session, particularly in handling local legislation. 'It would be, how do we handle local legislation and it be fair so that one person can't hold up the whole legislature,' he said. 'In the Senate, you're able to do that, but I think there needs to be more of a group that needs to say, 'this is something we don't want as a delegation' before you hold up everyone's local bills,' Gudger said. Smitherman, shortly before the Senate adjourned, asked the lawmakers to reassess how they'll conduct business when they return next year. 'All of us want to take something home. You all want to take something home. We want to take something home. And where it is now, it's not working out like that, so I hope you all reassess when we come back,' Smitherman said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
15-05-2025
- Politics
- Yahoo
Enhanced police immunity bill gets Alabama Legislature's approval, goes to Gov. Kay Ivey
Rep. Rex Reynolds, R-Huntsville, speaks about Senate changes to a bill extending police immunity in the Alabama House of Representatives on May 14, 2025 at the Alabama Statehouse in Montgomery, Alabama. The Legislature Wednesday gave final approval to the bill, sending it to Gov. Kay Ivey. (Brian Lyman/Alabama Reflector) The Alabama Legislature passed a bill to enhance immunity protections for law enforcement in the final hours of the 2025 legislative session Wednesday. HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, changes the standard by which law enforcement can claim immunity as they perform their jobs and gives them additional procedural protections during litigation. The debate showed the stark differences in experiences with law enforcement between Republican lawmakers, nearly all of whom are white, and Democratic lawmakers, nearly all of whom are Black. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Democratic senators, who said the legislation would give law enforcement a 'license to kill' during debate, raised concerns that the bill could put nonwhite Alabamians at a higher risk of being victims of police brutality. 'You will have blood on your hands,' said Sen. Merika Coleman, D-Pleasant Grove. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX Reynolds, a retired police chief, said after the House convened that while he hears the concerns of his Democratic colleagues, he also thinks about the families of fallen police officers. 'But we turn that nickel around, and we've got to say the same thing about our fallen officers,' Reynolds said. 'We hope it will restore some faith in our officers, that we do have their back in Alabama. We hope it increases recruitment and helps for the retention of our officers.' The bill the Senate passed 25-6 after a nearly two-hour debate and went back to the House for concurrence due to Senate changes. The House voted to concurred shortly after, sending the bill to Gov. Kay Ivey. Ivey wrote in a social media post that she looked forward to 'swiftly signing it into law.' Currently, law enforcement officers can face prosecution or lawsuits if they act 'willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.' Under the legislation, the officer would have to violate rights explicitly outlined in the constitutions of Alabama or the United States. The legislation grants law enforcement officers a hearing at the start of civil or criminal cases to determine if their actions were within their discretionary authority. If the court rules in favor of the officer, the case is dismissed. If the appeal is rejected, the officer can appeal the verdict to the Alabama Supreme Court, but the appeal is time-limited. Even if the appeal is rejected, the officer can continue to assert their defense. Sen. Robert Stewart, D-Selma, asked Sen. Lance Bell, R-Pell City, who handled the bill in the Senate,f the intent of the bill was because of the 'dangerous' nature of police work, which Bell said was one of the reasons. Stewart said that the Bureau of Labor Statistics identifies professions like log work and construction, but 'unfortunately, law enforcement is not included.' 'I'm talking about the true intent this legislation gives the veneer that it is about protecting police officers, but we know that this is about outsized influence,' Stewart said, saying that the bill comes at a more 'inopportune time' after the Hanceville Police Department was disbanded following the arrest of the police chief and four officers. 'This legislation erodes public trust. A grand jury investigation revealed that a rampant culture of corruption within the department,' he said. Under the bill, plaintiffs can't gather evidence during discovery in civil cases when the officer requests dismissal. They can also obtain video footage in civil lawsuits but not criminal cases. A study commission will evaluate the legislation's impact on law enforcement recruitment and retention. Under the legislation, law enforcement agencies must collect and submit data to the Alabama Law Enforcement Agency about excessive force committed by officers and the race and ethnicity of both officers and victims. Senate Minority Leader Bobby Singleton, D-Greensboro, tried to amend the bill so that law enforcement training would be uniform across the state, but Bell said that was an unfriendly amendment, saying that law enforcement already receives adequate training. 'Before we can carry a gun, before you're putting a badge on and going out there, you have all kinds of training on those scenarios,' Bell said during the debate. The House debated Reynolds' motion to concur in Senate changes for about 45 minutes. Rep. Ontario Tillman, D-Bessemer, brought similar concerns as he did when the legislation passed the House on March 6. 'I still have my concerns about this bill,' Tillman said. 'What it is actually doing is taking away judicial discretion. It is dictating to the courts and judges on how they should view police officers.' After Tillman and other Black Democrats spoke on the bill, debate was clotured, limiting the rest of debate to 10 minutes. Rep. Phillip Ensler, D-Montgomery, the only white Democrat to speak against the bill, asked Reynolds to look at the situation from an empathy standpoint. 'At the end of the day I think about… just hearing my colleagues over and over again, individuals that don't look like us, very candidly. The concerns about Black men that will be disproportionately affected by this,' he said. Rep. Napoleon Bracy, D-Prichard, asked for the bill to be read at length with about two minutes left of debate and with about 25 minutes left of Legislative session. 'At concurrence, on the third reading, the bill cannot be read at length,' House Speaker Nathaniel Ledbetter told Bracy. The House concurred 73-28 with Senate changes with 24 minutes left of the session. House Speaker Nathaniel Ledbetter commended Reynolds after the Legislature adjourned on Wednesday. 'I can't thank our members enough to stay into the late hour to try to get a bill that was important to law enforcement across the state,' he said. 'The men and women in blue protect us every morning that and every afternoon, and we just had to stay another hour and a half to give them a protection.' Sen. Kirk Hatcher, D-Montgomery, pointed to the 'legacy' of police violence and the reason that Black senators are the ones speaking against the bill is because Black Americans are often those impacted by this violence, saying that 'it is very hard to even remotely feel what we feel about this.' 'One of the things I struggle with is how easy it is for so many of my colleagues to compartmentalize things like this,' Hatcher said, saying that if he were in his Republican colleagues' position, he 'would be sensitive to what happens to (their) children.' Hatcher said there was no justification for the legislation and warned that the body will be held accountable for the laws they choose to codify into law. 'This train has left the station,' Hatcher said. 'But we can make very clear, this law does not protect good cops.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
01-05-2025
- Politics
- Yahoo
Police immunity bill approved in committee, moves to Alabama Senate floor
Rep. Rex Reynolds, R-Huntsville, speaks to a colleague on the floor of the Alabama House of Representatives on Feb. 11, 2025 at the Alabama Statehouse in Montgomery, Alabama. (Brian Lyman/Alabama Reflector) An Alabama Senate committee approved legislation that enhances immunity protection for law enforcement when they are faced with either criminal prosecution or civil lawsuits. HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, changes the standard by which law enforcement can claim immunity as they perform their jobs and gives them additional procedural protections during litigation. 'I know a couple of the members have worked closely with our team on a couple of amendments,' Reynolds told the Senate Judiciary Committee during a meeting on Wednesday. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The committee approved the bill 9-4 along party lines after approving amendments that would review the impact on the legislation and report the race of individuals and the circumstances surrounding the incidents. Reynolds' bill has faced opposition from Democrats and civil rights groups, who said the legislation would make it difficult to hold law enforcement accountable for alleged wrongdoing. Supporters including the Alabama Sheriff's Association said it reflects the decisions made in the courts on immunity. The bill changes the standard for immunity from prosecution. Currently, law enforcement officers may have prosecution or lawsuits if they act 'willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.' Under Reynolds' bill, the officer would have to violate rights specifically laid out in the constitutions of Alabama or the United States. The legislation allows law enforcement a hearing at the start of any civil or criminal case to determine whether the law enforcement officer was acting within his or her discretionary authority. If the court rules the behavior acted within that discretionary authority, the case is dismissed. If the appeal is rejected, the law enforcement officer may appeal the verdict to the Alabama Supreme Court. Lawmakers approved an amendment that sets a time limit for submitting appeals. If the appeal is rejected, the officer may continue to assert that defense as the case proceeds in court. The legislation also prevents a plaintiff from gathering evidence in discovery in civil cases when the law enforcement officer requests the court dismiss the case. Members of the committee approved a few amendments that modified the legislation on the periphery. One was proposed by Sen. Sam Givhan, R-Huntsville, that allowed plaintiffs to obtain video footage of the incident that pertains to civil lawsuits, but not criminal cases. Another amendment proposed by Senate Minority Leader Bobby Singleton, D-Greensboro, creates a study commission to evaluate the impact the legislation had on law enforcement recruitment and retention, one of the main justifications that Reynolds proposed the legislation. A third amendment, also by Singleton, requires law enforcement agencies to collect and submit data to the Alabama Law Enforcement Agency regarding the type of excessive force committed by law enforcement officers and the race and ethnicity of both the officer and the victim. One proposal offered by Singleton was rejected that would have required law enforcement agencies to adopt written policies that officers would follow while performing their duties before they are given immunity. 'The impetus of this is to make sure there is a written policy that these officers have to go by, we are not just going out there going against the Constitution, so that there is a policy where they can be trained on,' Singleton said. 'We will know there is a written policy to go by.' Reynolds said he agreed with the proposal in principle but said he was against the amendment. 'I would not want to impose this on sheriffs in the state because they are not even APOSTC (Alabama Peace Officers Standards and Training Commission) certified,' Reynolds said. 'There may be some throughout those ranks, but it impacts a lot of things.' Other Democrats also agreed with Singleton's amendment. 'To me, there is nothing like transparency, and everybody knows the rules and regulations so they can all be on the same page and be all treated the same,' Sen. Vivian Davis Figures, D-Mobile. Republicans on the committee opposed the amendment. 'While I think, especially in my department, we have very sophisticated police departments and sheriff's offices, this is a model, written policy that may or may not exist currently from APOSTC and specifies what should be in the policy,' said Sen. Chris Elliott, R-Fairhope. 'That may or may not differ from the policies that are in effect in our local police departments or sheriffs.' The bill moves to the Senate. There are four days left in the 2025 legislative session. SUPPORT: YOU MAKE OUR WORK POSSIBLE
