Battle Over Law Enforcement Immunity in Montgomery
Montgomery, AL — A legislative battle is underway at the Alabama Statehouse as lawmakers debate a controversial bill that would reshape the legal protections afforded to law enforcement officers.
House Bill 202, sponsored by Representative Rex Reynolds (R-Huntsville), seeks to repeal the state’s existing peace officer immunity law and replace it with a new framework. The proposed legislation aims to align state statutes with established case law, while also granting officers the right to a court hearing to determine whether their actions fell within the scope of their official duties.
The bill has become a flashpoint in the ongoing national conversation over law enforcement accountability and reform. HB 202 passed the Alabama House of Representatives along party lines, with Republicans in support and Democrats in opposition. It is now in the Senate Judiciary Committee, where a hearing was heard on it on Wednesday. No vote was made, but that could come as soon as next week.
Supporters argue that the measure is necessary to protect officers from what they describe as “frivolous lawsuits” and burdensome litigation that can interfere with law enforcement duties. “Our officers need the confidence to do their jobs without the constant threat of legal retaliation for actions taken in good faith,” said Rep. Reynolds during House debate. The bill is backed by police unions and pro-law enforcement organizations, who say it will strengthen morale and provide much-needed legal clarity for officers in the field.
However, critics warn that the legislation could have dangerous consequences. Opponents contend that it would weaken oversight, reduce public trust, and make it harder to hold officers accountable for misconduct. “We fear this bill creates a dangerous precedent,” said one Democratic lawmaker. “It may give bad actors within law enforcement a shield to abuse their power.”
Civil rights advocates and community groups have also expressed concern, arguing that the bill could lead to a lack of recourse for victims of police abuse and further strain relations between law enforcement and the communities they serve.
In response to mounting criticism, the Alabama Sheriffs Association released a statement Thursday morning defending the bill and pushing back against claims that it would allow officers to operate without accountability. “These concerns are unfounded,” the statement read. “This legislation does not provide blanket immunity but instead ensures officers are judged fairly and based on the realities of their job.”
“Let’s Clear the air on HB202.
Yesterday I had the honor to represent Alabama Sheriffs and other law enforcement to speak before the Senate Judicial Committee in support of HB202 introduced by Representative Rex Reynolds. This bill has been referred to as the Immunity Bill, but it is much more than that.
This legislation addresses parts of Alabama law regarding the use of force and the use of deadly force by law enforcement. It provides due process for a law enforcement officer to determine if there will be criminal prosecution based on the use of force. It also amends existing law which was last amended in 1979. It aligns Alabama law with Federal Law and recent United States Supreme Court Decisions.
What the legislation DOES NOT DO:
It does not give blanket immunity to law enforcement.
It does not prohibit civil actions by victims of law enforcement misconduct.
It does not remove apelet or judicial review of rulings in cases.
It does not protect unconstitutional acts by law enforcement.
What the legislation does.
It removes the fleeing felon provision from the 1979 law.
It places the burden of proof for justifiable use of force on the law enforcement officer, to assert being immune from criminal prosecution which must be determined by a Judge. In so doing the judicial process may be expedited benefiting public disclosure and the parties involved.
It brings Alabama Law and process in alignment with two US Supreme Court cases: Graham v. Conner and Tennessee v. Garner.
Law Enforcement should and is now held more accountable than ever. However, the due process of law and protections from malicious prosecutions should be applied to law enforcement in the same way as any citizen. This is why this legislation was part of Governor Ivey’s “Back the Blue” legislative package.
I personally took issue with several egregious and inaccurate comments made against law enforcement by some committee members yesterday and that is why I felt the truth should be told. Every day, each law enforcement officer goes to work to serve and protect the citizens and visitors of the State of Alabama. They should be able to so knowing they have the support of the people they serve in dealing with very difficult situations.”
Sheriff Huey Hoss Mack (Ret.)
Executive Director
Alabama Sheriffs Association
As HB 202 awaits review in the Senate, both supporters and opponents are mobilizing, with rallies, public statements, and lobbying efforts intensifying. The outcome of this bill could have significant implications for the future of law enforcement policy in Alabama.
You can read the text of the bill in it’s entirety here:
