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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
Yahoo
23-04-2025
- Politics
- Yahoo
Alabama Senate committee hearing on police immunity bill draws critics
Rep. Rex Reynolds, R-Huntsville, making notes in the House Ways and Means General Fund Committee on April 1, 2025, in the Alabama State House in Montgomery, Alabama. The Alabama Senate Judiciary Committee hosted a public hearing Wednesday for his legislation regarding police immunity. (Anna Barrett/Alabama Reflector) An Alabama Senate committee hearing Wednesday on a bill that would enhance immunity protections for law enforcement drew critics who feared the consequences for their communities. Speakers at the public hearing in the Senate Judiciary Committee said they feared HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, would allow law enforcement to act with impunity. 'This bill moves the needle to something that could be very dangerous,' said Gida Smith, a Montgomery resident. 'A police state seems far away from us, but police states do not happen overnight. They happen in increments, you allow a little of this, you allow a little of that, you exempt people from prosecution, you exempt the president from prosecution.' The legislation establishes a heightened standard that law enforcement can be held liable for misconduct while performing their duties, and allows them a procedural hearing to determine if their actions are within the scope of their duties before a case can move forward that alleges wrongdoing. 'Here for me is the core of the bill,' Reynolds, a retired Huntsville law enforcement officer, told the committee before the public hearing. 'Law enforcement officers who use force constitutionally while carrying out their duties are immune from prosecution. Law enforcement officers are not immune for any unconstitutional use of force during any execution of duties. If it is unconstitutional, they have no coverage under this piece of legislation.' Supporters of the legislation said it would align existing state statutes with case law. 'HB 202 is offered to amend certain laws, as you have already heard, that were last updated in 1979,' said Hoss Mack, executive director of the Alabama Sheriffs Association. 'It defines the definitions of 'use of force' incidents involving law enforcement in line with current federal law and United States Supreme Court decisions. In amending these laws, it will also align what is already being taught in law enforcement academies across this state.' But critics were not convinced. Travis Jackson, a Montgomery resident who spoke against the legislation when it was in the House, said the legislation will not allow officers to protect and serve the public. 'Law enforcement will have a jail-free card due to not getting held accountable for their criminal mischief,' he said. The bill passed the House of Representatives in March despite unified opposition from Democrats and attempts to filibuster the legislation. HB 202 would change the law so that officers would have immunity so long as they do not violate people's rights in the U.S. or Alabama Constitution. Currently, law enforcement does not have immunity if they act 'willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.' It also provides law enforcement with a court hearing to determine if they acted within the scope of their authority. If the court rules they acted within their duties, then either the civil lawsuit or the criminal case is dismissed. The bill also provides police officers and deputies with protection from having to provide evidence during discovery in civil cases, and it allows them to assert the same immunity claims that they acted within the scope of their authority during the incident of alleged wrongdoing. Nearly all Democrats on the committee said they opposed the legislation. 'It is a green light for Black folks to get killed,' said Sen. Rodger Smitherman, D-Birmingham. 'That is just the bottom line. It is a green light for Black folks to get killed, and the person has the opportunity to not be held accountable. It does that.' Sen. Linda Coleman-Madison, D-Birmingham had concerns about people with a disability, such as people who have lost their sight or hearing, who then have trouble complying with the law enforcement orders. 'Oftentimes, if a person does not understand that, and he is using his own discretion in a situation, it could turn deadly,' she said. At least one Republican lawmaker on the committee supports the bill. 'I want to thank you for bringing this bill,' said Sen. Greg Albritton, R-Atmore. 'It is about time that we statutorily came to align with clarifying the roles and where those split-second decisions can be made.' The committee did not vote on the legislation on Wednesday, but could do so next week. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
03-04-2025
- Business
- Yahoo
Alabama House approves $3.7 billion General Fund budget for 2026
Rep. Rex Reynolds, R-Huntsville, the chair of the House Ways and Means General Fund Committee, listens to a speaker during debate over the fiscal year 2026 General Fund budget on April 3, 2025. The House approved the $3.7 billion budget on a 95-3 vote. (Brian Lyman/Alabama Reflector) The Alabama House of Representatives approved a $3.7 billion 2026 General Fund budget 95-3 on Thursday morning. HB 186, sponsored by Rep. Rex Reynolds, R-Huntsville, is $347 million more than the current budget, about a 10% increase. Black Democrats criticized the budget for cutting appropriations for the Magic City Classic; Birmingham Civil Rights Museum and Jazz Hall of Fame. Rep. A.J. McCampbell, D-Linden, said the programs were part of diversity, equity and inclusion and needed to be funded. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'If we don't bring all of the minds, all of the cultures and all of the people together to work on things that affect all of the people, then we develop things in silos,' McCampbell said. Rep. Juandalynn Givan, D-Birmingham, said a senator held a luncheon at the Jazz Hall of fame last week and wondered what happened in a week to the support of the museum in Birmingham. 'A couple of days later, we find out that the small funds that they would be receiving would be cut,' she said. The programs get a total of $2.2 million (0.06%) in the current budget. Reynolds told Givan that the programs would be funded through a Senate amendment. He said the budget was run through a computer program that cut one-time appropriations and that he would be willing to add funds back in for programs that needed it. 'When members came to me and asked me to reinsert those, we often did,' Reynolds said. 'But nobody had requested that those get put back in there.' The House version of the budget is about $6 million higher than Gov. Kay Ivey's proposed budget, filed in February. The chamber also adopted a committee amendment that appropriates money for a statue of Helen Keller on the Alabama State Capitol grounds. Reynolds also offered a floor amendment that added $425,000 for a Transportation Pilot Program under the Alabama Department of Human Resources. It passed 97-0. 'The $425,000 is for SAFE, Mary Hill Family Services Center and Circle of Care Center for Families,' Reynolds said. The Alabama Medicaid Agency, which provides health insurance for over 1 million Alabamians, nearly all children, elderly citizens and those with disabilities, will get $1.179 billion from the state, a $223.8 million (19%) increase over this year. Ivey requested $1.184 billion in February, about $5 million than what the House approved. The Alabama Department of Corrections, which administers the state prisons, will get a $90.1 million increase (11%) to $826.7 million. The Alabama Department of Human Resources, which provides child and adult protective services, enforces child support payments and administers food and family assistance, will get $148.9 million from the state in 2026, a $4.7 million (3%) increase from the current budget. The Alabama Department of Mental Health, which provides mental health care services in the state, will get a $4.7 million increase (2%) to $244 million. The Legislature cut the funding from Ivey's recommendation by $3.7 million. 'Sustainability is always my priority when developing the budget—we must make decisions that the state can afford not only now but, in the future, as well,' Reynolds said in a statement. 'While high interest rates are driving revenue growth in state accounts, that will not always be the case, which is why we must continue to approach this process from a fiscally conservative standpoint.' House Speaker Nathaniel Ledbetter, R-Rainsville, applauded Reynolds and the committee for their work on the budget. 'Our budgeting process is calculated, transparent, and guided by the principle of not spending every dollar that comes in,' he said in a statement. 'I commend Rep. Reynolds and the members of the House for their work in developing the state's financial plan for 2026 and setting Alabama up for continued success.' The budget now goes to the Senate. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
01-04-2025
- Business
- Yahoo
Alabama House committee approves General Fund budget; chamber vote expected Thursday
Rep. Rex Reynolds, R-Huntsville, making notes in the House Ways and Means General Fund Committee on April 1, 2025, in the Alabama State House in Montgomery, Alabama. The committee unanimously approved the 2026 General Fund, which Reynolds sponsors, on Tuesday. (Anna Barrett/Alabama Reflector) An Alabama House committee Tuesday unanimously approved a $3.7 billion General Fund budget for 2026 on Tuesday morning, a $347.9 million (10%) increase over the current year's budget. The House Ways and Means General Fund Committee's approved budget is about $6 million higher than Gov. Kay Ivey's recommendation. Chairman Rex Reynolds, R-Huntsville, said the proposed budget reduced Alabama Medicaid by $5 million and the Alabama Department of Mental Health's allocation by $3.7 million. Reynolds said the decrease was removing one-time appropriations to those agencies that are no longer needed. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX 'Don't read anything into that. They absolutely still need the money,' Reynolds said. 'We just worked with those agencies and we'll spread that allocation out over 2026 and 2027.' The representative said most of those funds came from COVID appropriations that are going away, but the state would likely increase those agencies' budgets next year. The Department of Commerce's budget will be cut by $10 million from 2025 to 2026. The committee substitute and Ivey's recommendation cut funding for every line item under the department completely except for the Port of Mobile. That appropriation decreased from $5 million to $3 million. 'We anticipate that to be an annual line item going forward in our General Fund budget,' Reynolds said. Rep. A.J. McCampbell, D-Linden, brought up the $350,000 difference in the budgets for each of the legislative chambers. The Alabama Senate is set to receive $300,000 for reapportionment litigation expenses. 'I'm just trying to get an understanding why, if the budget starts here, why do they get more?' McCampbell asked. Reynolds said that it was no different than the 2025 budget. He said the additional $300,000 is for the congressional redistricting trial. He said the funds could be used for paying attorneys or for a potential settlement. 'When they come out of that, we may have to redraw them and there's a big cost associated with that,' Reynolds said in an interview. HB 186 is expected to receive a vote in the House on Thursday, House Speaker Nathaniel Ledbetter, R-Rainsville, said. SUPPORT: YOU MAKE OUR WORK POSSIBLE
