Tired cops in Alabama can now breathe a sigh of relief as the state just passed a new law expanding immunity for police officers facing accusations of wrongdoing. Governor Kay Ivey signed the bill into law, emphasizing the importance of supporting law enforcement in carrying out their duties effectively and bravely. The bill, known as HB202, was sponsored by Rep. Rex Reynolds, a former Huntsville police chief, and Sen. Lance Bell, a lawyer and former deputy in St. Clair County.
The bill was passed late on a Wednesday night, just before the annual legislative session ended at midnight. Governor Ivey expressed pride in having former law enforcement agents championing the bill in the House and Senate, highlighting the significance of protecting those who protect the community. The legislation faced opposition from Democratic lawmakers who raised concerns that it could make it more challenging to hold police accountable for misconduct, particularly in cases involving excessive use of force.
HB202 rewrites Alabama’s existing police immunity law for both civil and criminal cases, introducing new definitions for courts to determine if an officer’s use of force was justified and if they are immune from prosecution. The law states that police officers are justified in using physical force within their discretionary authority, provided that their actions do not violate the individual’s rights under the U.S. Constitution or the Alabama Constitution. Under the new law, officers facing charges of excessive force can request a pretrial hearing to determine if immunity applies based on the new standards.
The bill also introduces a provision for the judge to hold a hearing within 45 days of the request and issue a decision within 45 days after the hearing. In cases where immunity is denied, the Alabama Supreme Court would review the decision. The new law, set to take effect on October 1, aims to provide additional protection for law enforcement officers while also ensuring accountability for their actions. Governor Ivey also signed HB199, the Juvenile Accountability and Monitoring Act, which focuses on enhancing pretrial detention and electronic monitoring of dangerous juvenile offenders.
