Alabama Senate committee hearing on police immunity bill draws critics

An Alabama Senate committee hearing Wednesday on a bill that would enhance immunity protections for law enforcement drew critics who feared the consequences for their communities.

Speakers at the public hearing in the Senate Judiciary Committee said they feared HB 202, sponsored by Rep. Rex Reynolds, R-Huntsville, would allow law enforcement to act with impunity.

“This bill moves the needle to something that could be very dangerous,” said Gida Smith, a Montgomery resident. “A police state seems far away from us, but police states do not happen overnight. They happen in increments, you allow a little of this, you allow a little of that, you exempt people from prosecution, you exempt the president from prosecution.”

The legislation establishes a heightened standard that law enforcement can be held liable for misconduct while performing their duties, and allows them a procedural hearing to determine if their actions are within the scope of their duties before a case can move forward that alleges wrongdoing.

“Here for me is the core of the bill,” Reynolds, a retired Huntsville law enforcement officer, told the committee before the public hearing. “Law enforcement officers who use force constitutionally while carrying out their duties are immune from prosecution. Law enforcement officers are not immune for any unconstitutional use of force during any execution of duties. If it is unconstitutional, they have no coverage under this piece of legislation.”

Supporters of the legislation said it would align existing state statutes with case law.

“HB 202 is offered to amend certain laws, as you have already heard, that were last updated in 1979,” said Hoss Mack, executive director of the Alabama Sheriffs Association. “It defines the definitions of ‘use of force’ incidents involving law enforcement in line with current federal law and United States Supreme Court decisions. In amending these laws, it will also align what is already being taught in law enforcement academies across this state.”

But critics were not convinced. Travis Jackson, a Montgomery resident who spoke against the legislation when it was in the House, said the legislation will not allow officers to protect and serve the public.

“Law enforcement will have a jail-free card due to not getting held accountable for their criminal mischief,” he said.

The bill passed the House of Representatives in March despite unified opposition from Democrats and attempts to filibuster the legislation.

HB 202 would change the law so that officers would have immunity so long as they do not violate people’s rights in the U.S. or Alabama Constitution. Currently, law enforcement does not have immunity if they act “willfully, maliciously, fraudulently, in bad faith, beyond his or her authority, or under a mistaken interpretation of the law.”

It also provides law enforcement with a court hearing to determine if they acted within the scope of their authority. If the court rules they acted within their duties, then either the civil lawsuit or the criminal case is dismissed.

The bill also provides police officers and deputies with protection from having to provide evidence during discovery in civil cases, and it allows them to assert the same immunity claims that they acted within the scope of their authority during the incident of alleged wrongdoing.

Nearly all Democrats on the committee said they opposed the legislation.

“It is a green light for Black folks to get killed,” said Sen. Rodger Smitherman, D-Birmingham. “That is just the bottom line. It is a green light for Black folks to get killed, and the person has the opportunity to not be held accountable. It does that.”

Sen. Linda Coleman-Madison, D-Birmingham had concerns about people with a disability, such as people who have lost their sight or hearing, who then have trouble complying with the law enforcement orders.

“Oftentimes, if a person does not understand that, and he is using his own discretion in a situation, it could turn deadly,” she said.

At least one Republican lawmaker on the committee supports the bill.

“I want to thank you for bringing this bill,” said Sen. Greg Albritton, R-Atmore. “It is about time that we statutorily came to align with clarifying the roles and where those split-second decisions can be made.”

The committee did not vote on the legislation on Wednesday, but could do so next week.