The proposed bill, HB202 Engrossed, seeks to establish legal immunity for law enforcement officers from civil liability and criminal prosecution while outlining specific exceptions to these immunities. It introduces new sections to the Code of Alabama 1975, defining key terms such as "clearly established" and "conduct performed within a law enforcement officer’s discretionary authority." The bill clarifies that officers are immune from civil liability for actions taken within their discretionary authority unless such conduct constitutes a tort actionable under state law and was performed recklessly or violated a clearly established right. It also mandates that any civil action against an officer must include specific factual allegations and legal authority, with courts required to dismiss claims that do not meet these criteria. Additionally, the bill repeals Section 6-5-338, which previously related to peace officer immunity, while ensuring that the immunity provided under Section 36-1-12 remains applicable, subject to the new exceptions.

Furthermore, the bill modifies the legal framework governing the use of physical force by law enforcement officers and individuals assisting them. It establishes that officers are justified in using physical force within their discretionary authority, provided they do not violate constitutional rights against excessive force. The bill also clarifies the conditions under which private citizens may use physical force in relation to law enforcement activities, allowing for justified use of force when directed by officers. It introduces provisions granting individuals immunity from criminal prosecution for justified use of force, including a process for asserting this immunity through a pretrial hearing. The bill replaces outdated terminology, such as "peace officer," with "law enforcement officer," and is set to take effect on October 1, 2025. Overall, HB202 aims to enhance legal protections for law enforcement while ensuring accountability and clarity regarding the use of force.

Statutes affected:
Engrossed: 13A-3-20, 13A-3-27, 13A-3-28, 14-6-1, 36-22-3, 6-5-338, 6-5-338, 6-5-338, 6-5-338, 6-5-338