The proposed bill, HB202, introduces new sections to the Code of Alabama 1975, specifically Sections 6-5-338.1 through 6-5-338.4, which provide immunity for law enforcement officers from civil liability and criminal prosecution while performing their duties, as long as their conduct falls within their discretionary authority. The bill defines key terms such as "clearly established" and "recklessly without law enforcement justification," while also outlining exceptions to this immunity for tortious conduct that violates established rights or is performed recklessly. Additionally, the bill repeals Section 6-5-338, which previously addressed peace officer immunity, and mandates the collection of data on use of force complaints against law enforcement agencies, establishing a Joint Legislative Study Commission to evaluate the impact of these legal protections.

Moreover, HB202 amends existing laws to clarify the responsibilities of sheriffs and extend immunity protections to deputies and other authorized personnel acting within their official capacity. It also revises justifications for the use of physical force by law enforcement officers and individuals assisting them, ensuring that such actions are justified under specific circumstances. The bill requires law enforcement agencies to report data on use of force incidents, including demographic information, and establishes a study commission to assess the law's effects on law enforcement practices. The act is set to take effect on October 1, 2025, marking a significant shift in the legal framework governing law enforcement in Alabama.

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