The proposed bill, HB202, introduces new sections to the Code of Alabama, specifically Sections 6-5-338.1 through 6-5-338.4, which grant immunity to law enforcement officers from civil liability and criminal prosecution while performing their duties, with certain exceptions for reckless behavior or violations of established rights. The bill repeals Section 6-5-338, which previously addressed peace officer immunity, and amends existing laws to align with these changes. It also mandates the collection of data on use of force complaints against law enforcement agencies and establishes the Joint Legislative Study Commission on Law Enforcement Legal Protections to evaluate the impact of these new legal protections.
Additionally, HB202 clarifies the legal framework surrounding the use of physical force by law enforcement officers and individuals assisting them, replacing the term "peace officer" with "law enforcement officer." The bill outlines justifications for using physical force and ensures that individuals acting under the direction of law enforcement are immune from criminal prosecution unless their actions are unlawful. The legislation also requires law enforcement agencies to report data on use of force incidents, including demographic information, to enhance accountability. The study commission is tasked with evaluating the law's effects and will report its findings to the Legislature by the 10th legislative day of the 2027 Regular Session, with the act set to take effect on October 1, 2025.
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
Enrolled: 13A-3-20, 13A-3-27, 13A-3-28, 14-6-1, 36-22-3, 6-5-338, 36-21-55