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Last week, the Alabama House of Representatives passed HB265, introduced by state Rep. Joe Lovvorn, R-District 79, which looks to increase the criminal penalties for resisting arrest. The Alabama legislature previously considered similar legislation in 2021.
Currently, resisting arrest is a Class B misdemeanor under Alabama law, punishable by up to six months of jail time and a $3,000 fine. HB265 looks to elevate that penalty to a Class A misdemeanor, which would instead result in up to a year in jail and a fine of $6,000.
Additionally, Lovvorn’s bill outlines specific instances of resisting arrest that would raise the criminal penalty even higher and result in an individual facing felony charges.
If an individual brandishes a “deadly weapon or dangerous instrument” while resisting arrest or causes another individual physical harm while resisting arrest, then they could face a Class D felony under the bill’s provisions. Additionally, if an individual “uses or attempts to use a deadly weapon or dangerous instrument” or causes a “serious” physical injury to another person, they could face an even higher penalty of a Class C felony.
In Alabama, a Class D felony carries a sentence of up to five years in prison, while a Class C felony can result in up to 10 years in prison and a fine of $15,000.
HB265 will now head to the Senate Judiciary Committee where they will consider passing the bill on to the Senate floor.
Lovvorn’s legislation is just one of several bills introduced this session which ostensibly look to increase protection for law enforcement in the state. The House also passed HB202 last week, a bill which looks to expand legal immunity for Alabama’s law enforcement officers despite Democrats arguing that it will effectively reduce police accountability.
