Alabama 2022 Regular Session

Alabama House Bill HB2

Introduced
1/11/22  
Refer
1/11/22  

Caption

Crimes and offenses, assault against a first responder, created, riot and inciting to riot, further provided, aggravated riot, and unlawful traffic interference, created, holding period after arrest, provided, penalties for defunding police, provided, Secs. 13A-11-3.1, 13A-11-5.1 added; Secs. 13A-6-21, 13A-11-1, 13A-11-3, 13A-11-4, 15-10-3 am'd.

Impact

The bill significantly modifies the legal framework around public disturbances and law enforcement funding. By instituting stricter penalties for assaulting first responders and classifying aggravated rioting as a felony, it aims to deter violent conduct during protests and other gatherings. Furthermore, the measure's provisions concerning the budget allocations for law enforcement agencies are intended to prevent local entities from making drastic cuts to their police budgets that may lead to reduced public safety measures. This change seeks to stabilize law enforcement funding at state levels.

Summary

House Bill 2, also referred to as the Anti-Aggravated Riot Act, addresses crimes related to riots and assaults against first responders. It establishes new provisions that classify severe offenses such as assault against first responders and defines the criteria for what constitutes an aggravated riot. Additionally, the bill introduces penalties for unlawful traffic interference and outlines penalties for those jurisdictions that defund their law enforcement agencies. Its enforcement aims to reinforce public safety and protect those serving in emergency response roles.

Sentiment

The reception of HB2 has been profoundly polarized. Supporters argue that the bill is a vital response to increasing instances of violence against first responders and civil unrest, characterizing it as necessary for public safety and law enforcement support. Conversely, detractors criticize the bill for being overly punitive and fear that it could infringe on citizens' rights to assemble peacefully. There are concerns that it might escalate tensions between protesters and law enforcement, as well as potentially undermine local governance in budgeting and resource allocation.

Contention

Notable contention arises from the bill's provision to withhold state funding from jurisdictions that reduce their police budgets below a specified threshold. This is seen as an infringement upon local governance and budgetary discretion, prompting debates over the balance between necessary state oversight and local authority. Critics also highlight the risks associated with broad definitions of riot and potential overreach in law enforcement powers, which may ultimately conflict with civil liberties.

Companion Bills

AL SB115

Same As Crimes and offenses, assault against a first responder, created, riot and inciting to riot, further provided, aggravated riot, and unlawful traffic interference, created, holding period after arrest, provided, penalties for defunding police, provided, Secs. 13A-11-3.1, 13A-11-5.1 added; Secs. 13A-6-21, 13A-11-1, 13A-11-3, 13A-11-4, 15-10-3 am'd.

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