The bill amends Section 13A-10-41 of the Code of Alabama 1975, which pertains to the crime of resisting arrest. The new language specifies that a person commits this crime if they intentionally prevent or attempt to prevent a peace officer from effecting a lawful arrest of themselves or another individual. The bill changes the classification of resisting arrest from a Class B misdemeanor to a Class A misdemeanor, while also introducing enhanced penalties for certain circumstances. Specifically, if a person brandishes a deadly weapon or causes physical injury to another during the act of resisting arrest, it will be classified as a Class D felony. Additionally, if the person uses a deadly weapon or causes serious physical injury, it will be classified as a Class C felony.
The bill also includes several insertions and deletions to clarify the language and penalties associated with resisting arrest. Notably, the terms "he" and "himself" are replaced with "he or she" and "herself," respectively, to ensure gender neutrality. The effective date for this act is set for October 1, 2025.
Statutes affected: Introduced: 13A-10-41
Engrossed: 13A-10-41