Bill to expand police immunity debated before committee

A bill that would expand criminal and civil liability immunity for law enforcement officers in the state got debate in a Senate committee on Wednesday, inching it closer to the possibility of approval in the waning days of session.

House Bill 202 by Rep. Rex Reynolds, R-Huntsville, passed over the objections of Democrats in the House last week, who attempted to filibuster the bill.

Democrats were similarly critical of the bill in Senate committee Wednesday.

“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.”

Reynolds stuck to his primary claim about the bill: that it only provides immunity carrying out their duties “constitutionally;” officers acting outside the bounds of the Constitution would not have immunity.

Critics during the public hearing shared their belief that the bill would make it harder to hold police accountable for misusing their force.

“I think what we have to look at is what direction are we moving in,” said Montgomery resident Gida Smith. “We do not want to create more situation where more bots go on the necks of more George Floyds, where a police officer kills the father and there is no civil recourse for the family … Please take a step back, please slow down from this bill and consider what happens first the needle keeps moving and moving and moving—you end up with East Germany and North Korea.”

Hoss Mack, executive director of the Alabama Sheriffs Association, said the bill will help law enforcement by more clearly defining “use of force.”

“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.”

The bill would create a procedural hurdle to prosecuting cops by providing a hearing for a judge to determine whether immunity is applicable in the situation. That ruling would be appealable throughout the case.

The committee did not vote on the bill Wednesday but could next week. Tuesday will be the 25th of 30 legislative days allowable during the session.