HB224INTRODUCED
Page 0
HB224
W6QH995-1
By Representatives Treadaway, Pettus
RFD: Public Safety and Homeland Security
First Read: 06-Feb-25
1
2
3
4
5 W6QH995-1 01/17/2025 CMH (L)bm 2025-107
Page 1
First Read: 06-Feb-25
SYNOPSIS:
Under existing law, the crime of obstructing
governmental operations is a Class A misdemeanor which
is committed when a person uses unlawful means to
intentionally obstruct, impair, or hinder a government
function or a public servant.
This bill would provide that the crime is also
committed when a person intentionally approaches or
remains within 100 feet of a first responder after
being ordered to not approach or to vacate the area and
impedes, threatens, or harasses the first responder.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Sections
13A-10-1 and 13A-10-2, Code of Alabama 1975, to further
provide for the crime of obstructing governmental operations,
to include obstructing the operations of a first responder.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Sections 13A-10-1 and 13A-10-2, Code of
Alabama 1975, are amended to read as follows:
"§13A-10-1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28 HB224 INTRODUCED
Page 2
"§13A-10-1
The following definitions apply in this article only
unless the context otherwise requires:
(1) FIREMAN or FIREFIGHTER. Any officer of a fire
department, a member of a volunteer fire department, or any
other person vested by law with the duty to extinguish fires.
(2) FIRST RESPONDER. The term as defined under Section
11-98-1.
(2)(3) GOVERNMENT. The state, county, municipality, or
other political subdivision thereof, including public county
and city boards of education, the youth services department
district, the Alabama Institute for Deaf and Blind, and all
educational institutions under the auspices of the State Board
of Education.
(3)(4) GOVERNMENTAL FUNCTION. Any activity which a
public servant is legally authorized to undertake on behalf of
a government or the fire control activities of a member of a
volunteer fire department.
(4)(5) GOVERNMENTAL RECORD. Any record, paper,
document, or thing belonging to, or received or kept by, the
government for information or record, or required by law to be
kept by others for information of the government. Any
educational attendance, membership, or financial report, or a
student's school transcript.
(6) HARASS. To engage in a course of conduct with the
intent to cause substantial emotional distress and which
serves no legitimate purpose.
(5)(7) PEACE OFFICER. Any public servant vested by law
with a duty to maintain public order or to make arrests for
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56 HB224 INTRODUCED
Page 3
with a duty to maintain public order or to make arrests for
crime, whether that duty extends to all crimes or is limited
to specific crimes.
(6)(8) PROPERTY. Any real or personal property,
including books, records, and documents.
(7)(9) PUBLIC SERVANT. Any officer or employee of
government, including legislators and judges and any person or
agency participating as an adviser, consultant, or otherwise
in performing a governmental function."
"§13A-10-2
(a) A person commits the crime of obstructing
governmental operations if, by means of intimidation, physical
force, or interference , or by any other independently unlawful
act, he or she does any of the following :
(1) Intentionally obstructs, impairs or hinders the
administration of law or other governmental function ; or.
(2) Intentionally prevents a public servant from
performing a governmental function.
(3) Intentionally approaches or remains within 100 feet
of any first responder engaged in a lawful government function
after the first responder has instructed him or her not to
approach or to vacate the area with the intent to do any of
the following:
a. Impede or interfere with the first responder's
ability to perform his or her duties.
b. Threaten the first responder with physical harm.
c. Harass the first responder.
(b) This section does not apply to the obstruction,
impairment, or hindrance of the making of an arrest.
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84 HB224 INTRODUCED
Page 4
impairment, or hindrance of the making of an arrest.
(c) Obstructing governmental operations is a Class A
misdemeanor."
Section 2. This act shall become effective on October
1, 2025.
85
86
87
88