By Mike Cason
al.com
MONTGOMERY, Ala. — Alabama Gov. Kay Ivey has signed into law a bill to expand immunity for police officers accused of wrongdoing, legislation she said was important to help cops do their jobs courageously and effectively.
The bill passed late Wednesday night, less than a half-hour before the annual legislative session ended at midnight.
“I was very proud to have two former law enforcement agents sponsoring this important bill in the House and the Senate,” Ivey said in a press release Thursday.
The bill, HB202, was sponsored by Rep. Rex Reynolds, a former Huntsville police chief, and Sen. Lance Bell, an attorney and former deputy in St. Clair County.
“I couldn’t agree more with Senate -sponsor Lance Bell’s remarks from the Senate floor yesterday when he so rightly stated, ‘This is about protecting them while they’re protecting us,’” Ivey said.
“And as far as Backing the Blue goes, Rep. Reynolds was spot on with his comments yesterday when he said this bill will, ‘restore some faith among our officers and show them that we have their backs in Alabama.’”
The Republican majority passed the bill over the objections of Democratic lawmakers, who said the bill will make it harder to hold police accountable for bad actions, such as cases of excessive use of force.
The bill rewrites Alabama’s police immunity law for both civil and criminal cases and adds new definitions for courts to determine whether an officer is justified in use of physical force and immune from prosecution.
It says police are justified in any use of physical force “performed within the law enforcement officer’s discretionary authority” unless the officer’s actions against a person violate that person’s rights under the U.S. Constitution or the Alabama Constitution.
Under the new law, an officer charged for excessive use of force can ask for a pretrial hearing to determine if immunity applies under the new standards.
The judge would hold the hearing within 45 days of the request and issue a decision within 45 days after the hearing.
In cases where the judge rules the officer does not qualify for immunity, the Alabama Supreme Court would review the decision.
The pretrial hearings are in addition to pretrial hearings already available to all citizens under the state’s stand-your-ground law, through which defendants can claim they acted in self-defense or in defense of another.
The new immunity law takes effect Oct. 1.
House Speaker Nathaniel Ledbetter, R- Rainsville, said the bill was important for police and for the state that the bill passed.
“We talked to (lawmakers) about staying to finish the work on that particular bill,” Ledbetter said. “Many women and men in blue protect us every morning and night and afternoon. We had to stay another hour and a half to give them that protection.
“It’s a big deal for the people in this state. I think it’s the big deal for the people who wear the uniforms.”
Also on Thursday, the governor signed HB199, the Juvenile Accountability and Monitoring Act, sponsored by Senate Minority Leader Bobby Singleton, D- Greensboro, and Rep. Travis Hendrix, D- Birmingham .
The bill will enhance pretrial detention and pretrial electronic monitoring of dangerous juveniles.
The bills are part of a set of public safety measures backed by the governor, which also included a ban on Glock switches and stronger penalties for firing a gun into a home, building, or vehicle.
“I am pleased that our Safe Alabama public safety package passed with bipartisan support, and I am confident that each of these bills will help protect communities across our state,” Ivey said. “In Alabama, unfortunately, juveniles are part of the crime problem, and HB199 is an important step to addressing this very real issue.”
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