1 HB2
2 214109-2
3 By Representative Treadaway
4 RFD: Judiciary
5 First Read: 11-JAN-22
6 PFD: 06/28/2021
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1 ENGROSSED
2
3
4 A BILL
5 TO BE ENTITLED
6 AN ACT
7
8 Relating to crimes and offenses; to create the
9 Anti-Aggravated Riot Act; to amend Sections 13A-6-21,
10 13A-11-1, 13A-11-3, 13A-11-4, and 15-10-3, Code of Alabama
11 1975, and to add Sections 13A-11-3.1 and 13A-11-5.1 to the
12 Code of Alabama 1975, to create the crimes of assault against
13 a first responder in the first and second degrees; to further
14 provide for the crimes of riot and inciting to riot; to create
15 the crime of aggravated riot; to provide further for the crime
16 of assault in the second degree; to create the crime of
17 unlawful traffic interference; to further provide for
18 penalties for certain violations; to further provide for the
19 arrest, release, and bail of certain offenders; to provide
20 restrictions on the issuance of certain state funds to a
21 political subdivision that abolishes or reduces funding to a
22 local law enforcement agency under certain conditions; and in
23 connection therewith would have as its purpose or effect the
24 requirement of a new or increased expenditure of local funds
25 within the meaning of Amendment 621 of the Constitution of
26 Alabama of 1901, as amended by Amendment 890, now appearing as
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1 Section 111.05 of the Official Recompilation of the
2 Constitution of Alabama of 1901, as amended.
3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
4 Section 1. This act shall be known and may be cited
5 as the Anti-Aggravated Riot Act.
6 Section 2. (a) As used in this section, the term
7 first responder includes state, local, and tribal law
8 enforcement officers; dogs or horses employed by a law
9 enforcement agency for the principal purpose of aiding in the
10 detection of criminal activity, enforcement of laws, or
11 apprehension of criminal offenders; detention and correctional
12 officers at any municipal or county jail or state
13 penitentiary; fire department and voluntary fire department
14 personnel; and emergency medical personnel who are actively
15 employed or on active volunteer status.
16 (b) A person commits the crime of assault against a
17 first responder in the first degree when the person
18 intentionally does any of the following to a first responder
19 who is engaged in the performance of his or her official
20 duties:
21 (1) Causes serious physical injury to the first
22 responder.
23 (2) Causes physical injury by deadly weapon or
24 dangerous instrument to the first responder.
25 (3) Causes physical injury to the first responder by
26 strangulation or suffocation, or an attempt thereof.
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1 (4) Causes physical injury to the first responder
2 during a riot, aggravated riot, or unlawful assembly.
3 (5) Causes or attempts to cause a first responder to
4 come into contact with bodily fluids, unless the first
5 responder consented to the contact or the contact was
6 necessary to provide medical care. For purposes of this
7 subdivision, "bodily fluids" has the same meaning as defined
8 under Section 13A-6-242, Code of Alabama 1975.
9 (c) Assault against a first responder in the first
10 degree is a Class B felony. The defendant shall serve a
11 minimum term of imprisonment of six months without
12 consideration of probation, parole, good time credits, or any
13 other reduction in time.
14 (d) In addition to any fine, the defendant shall pay
15 restitution, including, but not limited to, all of the
16 following:
17 (1) The costs of any and all medical treatment by
18 any victim of the violation, including physical and
19 occupational therapy and rehabilitation.
20 (2) The cost of any damage to property, or full
21 value of property if destroyed or damaged beyond repair.
22 (3) The cost of any and all other losses suffered by
23 any victim as a result of a violation of this section.
24 Section 3. (a) As used in this section, the term
25 first responder includes state, local, and tribal law
26 enforcement officers; dogs or horses employed by a law
27 enforcement agency for the principal purpose of aiding in the
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1 detection of criminal activity, enforcement of laws, or
2 apprehension of criminal offenders; detention and correctional
3 officers at any municipal or county jail or state
4 penitentiary; fire department and voluntary fire department
5 personnel; and emergency medical personnel who are actively
6 employed or on active volunteer status.
7 (b) A person commits the crime of assault against a
8 first responder in the second degree when the person
9 intentionally causes physical injury to a first responder who
10 is engaged in the performance of his or her official duties.
11 (c) Assault against a first responder in the second
12 degree is a Class C felony. The defendant shall serve a
13 minimum term of imprisonment of three months without
14 consideration of probation, parole, good time credits, or any
15 other reduction in time.
16 (d) In addition to any fine, the defendant shall pay
17 restitution, including, but not limited to, all of the
18 following:
19 (1) The costs of any and all medical treatment of or
20 for any victim of the violation, including physical and
21 occupational therapy and rehabilitation.
22 (2) The cost of any damage to property, or full
23 value of property if destroyed or damaged beyond repair.
24 (3) The cost of any and all other losses suffered by
25 any victim as a result of a violation of this section.
26 Section 4. Section 13A-6-21, Code of Alabama 1975,
27 is amended to read as follows:
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1 "13A-6-21.
2 "(a) A person commits the crime of assault in the
3 second degree if the person does any of the following:
4 "(1) With intent to cause serious physical injury to
5 another person, he or she causes serious physical injury to
6 any person.
7 "(2) With intent to cause physical injury to another
8 person, he or she causes physical injury to any person by
9 means of a deadly weapon or a dangerous instrument.
10 "(3) He or she recklessly causes serious physical
11 injury to another person by means of a deadly weapon or a
12 dangerous instrument.
13 "(4) With intent to prevent a peace officer, as
14 defined in Section 36-21-60, a detention or correctional
15 officer at any municipal or county jail or state penitentiary,
16 emergency medical personnel, cause physical injury to a
17 utility worker, or a firefighter from performing a lawful
18 duty, he or she intends to cause physical injury and he or she
19 causes physical injury to any person. For the purpose of this
20 subdivision, a person who is a peace officer who is employed
21 or under contract while off duty by a private or public entity
22 is a peace officer performing a lawful duty when the person is
23 working in his or her approved uniform while off duty with the
24 approval of his or her employing law enforcement agency.
25 Provided, however, that nothing contained herein shall be
26 deemed or construed as amending, modifying, or extending the
27 classification of a peace officer as off-duty for workers
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1 compensation purposes or any other benefits to which a peace
2 officer may otherwise be entitled to under law when considered
3 on-duty. Additionally, nothing contained herein shall be
4 deemed or construed as amending, modifying, or extending the
5 tort liability of any municipality as a result of any action
6 or inaction on the part of an off-duty police officer. For the
7 purposes of this subdivision, utility worker means any person
8 who is employed by an entity that owns, operates, leases, or
9 controls any plant, property, or facility for the generation,
10 transmission, manufacture, production, supply, distribution,
11 sale, storage, conveyance, delivery, or furnishing to or for
12 the public of electricity, natural or manufactured gas, water,
13 steam, sewage, or telephone service, including two or more
14 utilities rendering joint service.
15 "(5) With intent to cause physical injury to a
16 teacher or to an employee of a public educational institution
17 during or as a result of the performance of his or her duty,
18 he or she causes physical injury to any person.
19 "(6) With intent to cause physical injury to a
20 health care worker, including a nurse, physician, technician,
21 or any other person employed by or practicing at a hospital as
22 defined in Section 22-21-20; a county or district health
23 department; a long-term care facility; or a physician's
24 office, clinic, or outpatient treatment facility during the
25 course of or as a result of the performance of the duties of
26 the health care worker or other person employed by or
27 practicing at the hospital; the county or district health
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1 department; any health care facility owned or operated by the
2 State of Alabama; the long-term care facility; or the
3 physician's office, clinic, or outpatient treatment facility;
4 he or she causes physical injury to any person. This
5 subdivision shall not apply to assaults by patients who are
6 impaired by medication or to assaults on home health care
7 workers while they are in private residences.
8 "(7) For a purpose other than lawful medical or
9 therapeutic treatment, he or she intentionally causes stupor,
10 unconsciousness, or other physical or mental impairment, or
11 injury to another person by administering to him or her,
12 without his or her consent, a drug, substance, or preparation
13 capable of producing the intended harm.
14 "(b) Assault in the second degree is a Class C
15 felony.
16 "(c) For the purposes of this section, utility
17 worker means any person who is employed by an entity that
18 owns, operates, leases, or controls any plant, property, or
19 facility for the generation, transmission, manufacture,
20 production, supply, distribution, sale, storage, conveyance,
21 delivery, or furnishing to or for the public of electricity,
22 natural or manufactured gas, water, steam, sewage, or
23 telephone service, including two or more utilities rendering
24 joint service.
25 Section 5. Sections 13A-11-1, 13A-11-3, and
26 13A-11-4, Code of Alabama 1975, are amended to read as
27 follows:
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1 "13A-11-1.
2 "The following definitions apply in this article:
3 "(1) OBSTRUCT. To "obstruct" means to render
4 impassable without unreasonable inconvenience or hazard. A
5 gathering of persons to hear a person speak or otherwise
6 communicate does not constitute an obstruction.
7 "(2) PUBLIC PLACE. A place to which the public or a
8 substantial group of persons has access, and includes, but is
9 not limited to, highways, transportation facilities, schools,
10 places of amusement, parks, playgrounds and hallways, lobbies
11 and other portions of apartment houses not constituting rooms
12 or apartments designed for actual residence; provided, that no
13 private dwelling and no place engaged for a private gathering
14 is included within the meaning of public place with respect to
15 any person specifically invited therein.
16 "(3) RIOT. The assemblage of five or more persons
17 resulting engaging in conduct which creates an immediate
18 danger of and/or results in damage to property or injury to
19 persons.
20 "(3) (4) TRANSPORTATION FACILITY. Any conveyance,
21 premises or place used for or in connection with public
22 passenger transportation, whether by air, railroad, motor
23 vehicle, or any other method. It includes aircraft, water
24 craft, railroad cars, buses and air, boat, railroad and bus
25 terminals and stations, and all appurtenances thereto.
26 "13A-11-3.
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1 "(a) A person commits the crime of riot if, with
2 five or more other persons, he wrongfully engages in
3 tumultuous and violent conduct and thereby intentionally or
4 recklessly causes or creates a grave risk of public terror or
5 alarm after receiving an order to disperse by a law
6 enforcement officer or when in violation of a curfew, the
7 person intentionally participates in a riot.
8 "(b) Riot is a Class A misdemeanor. On conviction,
9 the defendant shall serve a minimum term of imprisonment of 30
10 days without consideration of probation, parole, good time
11 credits, or any other reduction in time.
12 "(c) In addition to any fine, the defendant shall
13 pay restitution, including, but not limited to, all of the
14 following:
15 "(1) The costs of any and all medical treatment by
16 any victim of the violation, including physical and
17 occupational therapy and rehabilitation.
18 "(2) The cost of any damage to property, or full
19 value of property if destroyed or damaged beyond repair.
20 "(3) The cost of any and all other losses suffered
21 by any victim as a result of a violation of this section.
22 "13A-11-4.
23 "(a) A person commits the crime of inciting to riot
24 if he or she commands, solicits, incites, funds, or urges, or
25 otherwise aids or abets another person to engage in tumultuous
26 and violent conduct of a kind likely to cause or create a
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1 grave risk of public terror or alarm a riot or aggravated riot.
2 "(b) Inciting to riot is a Class A misdemeanor. On
3 conviction, the defendant shall serve a minimum term of
4 imprisonment of 30 days without consideration of probation,
5 parole, good time credits, or any other reduction in time.
6 "(c) In addition to any fine, the defendant shall
7 pay restitution, including, but not limited to, all of the
8 following:
9 "(1) The costs of any and all medical treatment of
10 or for any victim of the violation, including physical and
11 occupational therapy and rehabilitation.
12 "(2) The cost of any damage to property, or full
13 value of property if destroyed or damaged beyond repair.
14 "(3) The cost of any and all other losses suffered
15 by any victim as a result of a violation of this section."
16 Section 6. Sections 13A-11-3.1 and 13A-11-5.1 are
17 added to Article 1 of Chapter 11 of Title 13A of the Code of
18 Alabama 1975, to read as follows:
19 13A-11-3.1.
20 (a) A person commits the crime of aggravated riot
21 if, after receiving an order to disperse by a law enforcement
22 officer or when in violation of a curfew, the person
23 intentionally participates in a riot, the participants of
24 which collectively cause damage to property in an amount which
25 exceeds two thousand five hundred dollars ($2,500) or cause
26 physical injury to any one or more persons.
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1 (b) Aggravated riot is a Class C felony. On
2 conviction, the defendant shall serve a minimum term of
3 imprisonment of three months without consideration of
4 probation, parole, good time credits, or any other reduction
5 in time.
6 (c) In addition to any fine, the defendant shall pay
7 restitution, including, but not limited to, all of the
8 following:
9 (1) The costs of any and all medical treatment by
10 any victim of the violation, including physical and
11 occupational therapy and rehabilitation.
12 (2) The cost of any damage to property, or full
13 value of property if destroyed or damaged beyond repair.
14 (3) The cost of any and all other losses suffered by
15 any victim as a result of a violation of this section.
16 13A-11-5.1.
17 (a)(1) A person commits the crime of unlawful
18 traffic interference if the person intentionally or recklessly
19 impedes vehicular traffic by walking, standing, sitting,
20 kneeling, lying, or placing an object in such a manner as to
21 block passage of a vehicle on a public highway or interstate
22 highway.
23 (2) This section does not apply to any of the
24 following:
25 a. A person who, by permit or otherwise, has
26 permission to operate in the public roadway from an
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1 appropriate government authority, including a law enforcement
2 officer.
3 b. A person who operates in the roadway to direct
4 traffic away from a hazardous road condition, an obstacle, or
5 the scene of an accident.
6 (b)(1) Except as provided in subdivision (2),
7 unlawful traffic interference is a Class A misdemeanor.
8 (2) On a second or subsequent violation under
9 subdivision (1), or if