Alabama 2025 Regular Session

Alabama Senate Bill SB129 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	SB129INTRODUCED
2	2	Page 0
3	3	SB129
4	4	PVS2GER-1
5	5	By Senators Bell, Gudger, Chambliss, Livingston, Waggoner,
6	6	Price, Roberts, Shelnutt, Hovey, Elliott, Weaver, Sessions,
7	7	Williams, Allen, Butler, Orr, Jones, Kitchens, Kelley, Melson,
8	8	Barfoot
9	9	RFD: Judiciary
10	10	First Read: 06-Feb-25
11	11	1
12	12	2
13	13	3
14	14	4
15	15	5
16	16	6
17	17	7
18	18	8 PVS2GER-1 02/05/2025 JT EBO JT EBO-2025-40
19	19	Page 1
20	20	First Read: 06-Feb-25
21	21	SYNOPSIS:
22	22	Under existing law, a peace officer is protected
23	23	from tort liability arising out of his or her conduct
24	24	in performance of any discretionary function within the
25	25	line and scope of his or her law enforcement duties.
26	26	Under court precedents interpreting existing law, a
27	27	peace officer is not entitled to this protection when
28	28	he or she acts willfully, maliciously, fraudulently, in
29	29	bad faith, beyond his or her authority, or under a
30	30	mistaken interpretation of the law.
31	31	This bill would repeal existing law concerning
32	32	peace officer immunity and establish a new form of
33	33	legal protection for law enforcement officers. This new
34	34	protection would foreclose any claim that seeks to
35	35	impose civil liability against a law enforcement
36	36	officer premised on conduct performed within his or her
37	37	discretionary authority unless: (1) the law enforcement
38	38	officer acted recklessly without law enforcement
39	39	justification or (2) the conduct violated a clearly
40	40	established state or federal statutory or
41	41	constitutional right of the plaintiff. This bill would
42	42	also establish a heightened pleading standard and an
43	43	1
44	44	2
45	45	3
46	46	4
47	47	5
48	48	6
49	49	7
50	50	8
51	51	9
52	52	10
53	53	11
54	54	12
55	55	13
56	56	14
57	57	15
58	58	16
59	59	17
60	60	18
61	61	19
62	62	20
63	63	21
64	64	22
65	65	23
66	66	24
67	67	25 SB129 INTRODUCED
68	68	Page 2
69	69	also establish a heightened pleading standard and an
70	70	automatic stay of proceedings to remain in effect while
71	71	the law enforcement officer seeks to establish that the
72	72	protection applies.
73	73	This bill would also provide that a law
74	74	enforcement officer is justified in, and immune from
75	75	criminal prosecution for, the use of physical force
76	76	against a person in the performance of conduct within
77	77	his or her discretionary authority unless the use of
78	78	force violates the person’s constitutional rights to be
79	79	free from excessive force. The bill would entitle a law
80	80	enforcement officer to a pretrial hearing to establish
81	81	the applicability of this protection. The bill would
82	82	also provide for an automatic stay of any criminal
83	83	prosecution while the law enforcement officer seeks to
84	84	establish that the protection applies.
85	85	A BILL
86	86	TO BE ENTITLED
87	87	AN ACT
88	88	Relating to law enforcement officers; to establish
89	89	immunity for law enforcement officers from civil liability; to
90	90	establish immunity for law enforcement officers from criminal
91	91	prosecution; to provide exceptions to such immunities; to
92	92	provide procedures for asserting such immunities; to amend
93	93	Sections 13A-3-20, 13A-3-27, and 13A-3-28, Code of Alabama
94	94	26
95	95	27
96	96	28
97	97	29
98	98	30
99	99	31
100	100	32
101	101	33
102	102	34
103	103	35
104	104	36
105	105	37
106	106	38
107	107	39
108	108	40
109	109	41
110	110	42
111	111	43
112	112	44
113	113	45
114	114	46
115	115	47
116	116	48
117	117	49
118	118	50
119	119	51
120	120	52 SB129 INTRODUCED
121	121	Page 3
122	122	Sections 13A-3-20, 13A-3-27, and 13A-3-28, Code of Alabama
123	123	1975; to repeal Section 6-5-338, relating to peace officer
124	124	immunity.
125	125	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
126	126	Section 1.For purposes of this act, the following terms
127	127	have the following meanings unless the context dictates
128	128	otherwise:
129	129	(1) CLEARLY ESTABLISHED. A state or federal statutory
130	130	or constitutional right is clearly established, and a
131	131	reasonable law enforcement officer would have known of it, in
132	132	any of the following circumstances:
133	133	a. The right is clear from a materially similar case
134	134	decided before the occurrence of the relevant conduct by the
135	135	United States Supreme Court, the Eleventh Circuit Court of
136	136	Appeals, or the Alabama Supreme Court.
137	137	b. The right is clear from a broad statement of
138	138	principle that is established with so obvious clarity by one
139	139	of the courts identified in the preceding paragraph that,
140	140	before the occurrence of the relevant conduct, every
141	141	objectively reasonable law enforcement officer facing the
142	142	circumstances would have known that the relevant conduct
143	143	violated the right.
144	144	c. The right is so obvious from the text of a federal
145	145	or state constitutional provision or statute that, before the
146	146	occurrence of the relevant conduct, no objectively reasonable
147	147	53
148	148	54
149	149	55
150	150	56
151	151	57
152	152	58
153	153	59
154	154	60
155	155	61
156	156	62
157	157	63
158	158	64
159	159	65
160	160	66
161	161	67
162	162	68
163	163	69
164	164	70
165	165	71
166	166	72
167	167	73
168	168	74
169	169	75
170	170	76 SB129 INTRODUCED
171	171	Page 4
172	172	occurrence of the relevant conduct, no objectively reasonable
173	173	law enforcement officer would have required case law to be put
174	174	on notice that the relevant conduct violated the right.
175	175	(2) CONDUCT PERFORMED WITHIN A LAW ENFORCEMENT
176	176	OFFICER’S DISCRETIONARY AUTHORITY. Governmental conduct by a
177	177	law enforcement officer performing a legitimate job-related
178	178	function or performing a legitimate job-related goal through
179	179	means that were within the law enforcement officer’s plausible
180	180	power to utilize. In determining whether governmental conduct
181	181	was performed within a law enforcement officer’s discretionary
182	182	authority, a court must temporarily put aside that the conduct
183	183	may have been committed for an improper or unconstitutional
184	184	purpose, in an improper or unconstitutional manner, to an
185	185	improper or unconstitutional extent, or under improper or
186	186	constitutionally inappropriate circumstances. The court must
187	187	determine whether, if done for a proper purpose, the conduct
188	188	was within, or reasonably related to, the outer perimeter of a
189	189	law enforcement officer’s governmental discretion in
190	190	performing his or her official duties.
191	191	(3) DETENTION FACILITY OFFICER. Any peace officer,
192	192	guard, or detention or jail officer employed in a facility
193	193	used for the confinement, pursuant to law, of any of the
194	194	following persons:
195	195	a. Someone charged with or convicted of an offense.
196	196	77
197	197	78
198	198	79
199	199	80
200	200	81
201	201	82
202	202	83
203	203	84
204	204	85
205	205	86
206	206	87
207	207	88
208	208	89
209	209	90
210	210	91
211	211	92
212	212	93
213	213	94
214	214	95
215	215	96
216	216	97
217	217	98
218	218	99 SB129 INTRODUCED
219	219	Page 5
220	220	a. Someone charged with or convicted of an offense.
221	221	b. Someone charged with being or adjudicated a youthful
222	222	offender, a neglected minor, or juvenile delinquent.
223	223	c. Someone held for extradition.
224	224	d. Someone otherwise confined pursuant to an order of a
225	225	court.
226	226	(4) LAW ENFORCEMENT OFFICER. Any peace officer or
227	227	tactical medic, except a constable, who is employed or
228	228	appointed pursuant to the Constitution or statutes of this
229	229	state, whether appointed or employed as a peace officer or
230	230	tactical medic by the state or a county or municipality
231	231	thereof, or by an agency or institution, corporate or
232	232	otherwise, created pursuant to the Constitution or laws of
233	233	this state and authorized by the Constitution or laws to
234	234	appoint or employ police officers or other peace officers or
235	235	tactical medics, and whose duties prescribed by law, or by the
236	236	lawful terms of their employment or appointment, include the
237	237	enforcement of, or the investigation and reporting of
238	238	violations of, the criminal laws of this state, and who is
239	239	empowered by the laws of this state to execute warrants, to
240	240	arrest and to take into custody persons who violate, or who
241	241	are lawfully charged by warrant, indictment, or other lawful
242	242	process, with violations of, the criminal laws of this state.
243	243	The term includes a detention facility officer.
244	244	100
245	245	101
246	246	102
247	247	103
248	248	104
249	249	105
250	250	106
251	251	107
252	252	108
253	253	109
254	254	110
255	255	111
256	256	112
257	257	113
258	258	114
259	259	115
260	260	116
261	261	117
262	262	118
263	263	119
264	264	120
265	265	121
266	266	122 SB129 INTRODUCED
267	267	Page 6
268	268	The term includes a detention facility officer.
269	269	(5) RECKLESSLY WITHOUT LAW ENFORCEMENT JUSTIFICATION. A
270	270	law enforcement officer acts recklessly without law
271	271	enforcement justification if he or she is aware of, and
272	272	consciously disregards, a risk of death or substantial bodily
273	273	injury without reasonable law enforcement justification. A law
274	274	enforcement officer who creates a risk of death or substantial
275	275	bodily injury in the absence of reasonable law enforcement
276	276	justification but is unaware of that risk by reason of
277	277	voluntary intoxication, as defined in subdivision (e)(2) of
278	278	Section 13A-3-2, acts recklessly with respect thereto. Whether
279	279	a law enforcement officer acts without law enforcement
280	280	justification is a question of law to be decided by the court.
281	281	A law enforcement officer acts without law enforcement
282	282	justification when the law enforcement officer fails, in an
283	283	objectively unreasonable manner, to comply with written
284	284	policies of the law enforcement officer’s employer or
285	285	appointing authority or when the law enforcement officer's
286	286	conduct is premised on the law enforcement officer's
287	287	objectively unreasonable interpretation of such a policy.
288	288	(6) TACTICAL MEDIC. A firefighter paramedic or
289	289	firefighter emergency medical technician licensed by the State
290	290	of Alabama and employed by the state or a county or
291	291	municipality within the state, operating on-duty in direct
292	292	support of a tactical law enforcement unit to provide medical
293	293	123
294	294	124
295	295	125
296	296	126
297	297	127
298	298	128
299	299	129
300	300	130
301	301	131
302	302	132
303	303	133
304	304	134
305	305	135
306	306	136
307	307	137
308	308	138
309	309	139
310	310	140
311	311	141
312	312	142
313	313	143
314	314	144
315	315	145
316	316	146 SB129 INTRODUCED
317	317	Page 7
318	318	support of a tactical law enforcement unit to provide medical
319	319	services at high risk incidences including hostage incidents,
320	320	narcotic raids, hazardous surveillance, sniper incidents,
321	321	armed suicidal persons, barricaded suspect, felony warrant
322	322	service, and fugitives refusing to surrender.
323	323	(7) WRITTEN POLICY. A written rule, regulation,
324	324	instruction, or directive issued by a law enforcement
325	325	officer’s employer or appointing authority, and applicable to
326	326	conduct within a law enforcement officer’s discretionary
327	327	authority, specifying the particular manner in which a law
328	328	enforcement officer should exercise discretion in specific
329	329	situations or scenarios. The written rule, regulation,
330	330	instruction, or directive must have been issued before the
331	331	occurrence of the relevant conduct, and must have been made
332	332	available to the extent that every reasonable law enforcement
333	333	officer would have known of it.
334	334	Section 2.(a) Except as provided in subsection (b), a
335	335	law enforcement officer shall be immune from any claim that
336	336	seeks to impose civil liability on the law enforcement officer
337	337	for conduct performed within a law enforcement officer’s
338	338	discretionary authority.
339	339	(b) A law enforcement officer shall not be immune in
340	340	either of the following circumstances:
341	341	(1) The law enforcement officer acted recklessly
342	342	without law enforcement justification.
343	343	147
344	344	148
345	345	149
346	346	150
347	347	151
348	348	152
349	349	153
350	350	154
351	351	155
352	352	156
353	353	157
354	354	158
355	355	159
356	356	160
357	357	161
358	358	162
359	359	163
360	360	164
361	361	165
362	362	166
363	363	167
364	364	168
365	365	169
366	366	170 SB129 INTRODUCED
367	367	Page 8
368	368	without law enforcement justification.
369	369	(2) The conduct violated a clearly established state or
370	370	federal statutory or constitutional right of the plaintiff of
371	371	which every reasonable law enforcement officer would have
372	372	known at the time of the law enforcement officer’s conduct.
373	373	(c) In any civil action against a law enforcement
374	374	officer in his or her personal or individual capacity premised
375	375	on conduct performed within the law enforcement officer’s
376	376	discretionary authority, the complaint must identify with
377	377	particularity, for each defendant and for each claim, each of
378	378	the following:
379	379	(1) The legal authority that assertedly creates the
380	380	claim against the law enforcement officer.
381	381	(2) Specific factual allegations to satisfy each
382	382	element of each asserted claim.
383	383	(3) Specific factual allegations demonstrating that the
384	384	law enforcement officer lacks immunity pursuant to subsection
385	385	(a).
386	386	(d) In any civil action against a law enforcement
387	387	officer in his or her personal or individual capacity premised
388	388	on conduct performed within the law enforcement officer’s
389	389	discretionary authority, the court shall promptly dismiss any
390	390	claim for which either of the following is true:
391	391	(1) The complaint lacks the legal and factual
392	392	particularity required under subsection (c), as long as the
393	393	171
394	394	172
395	395	173
396	396	174
397	397	175
398	398	176
399	399	177
400	400	178
401	401	179
402	402	180
403	403	181
404	404	182
405	405	183
406	406	184
407	407	185
408	408	186
409	409	187
410	410	188
411	411	189
412	412	190
413	413	191
414	414	192
415	415	193
416	416	194 SB129 INTRODUCED
417	417	Page 9
418	418	particularity required under subsection (c), as long as the
419	419	law enforcement officer, or his or her employer or appointing
420	420	authority, has complied with any valid discovery request made
421	421	pursuant to subdivision (e)(2) and the Alabama Rules of Civil
422	422	Procedure and validly served no later than fourteen days after
423	423	the law enforcement officer first appears or otherwise defends
424	424	against the lawsuit.
425	425	(2) The complaint’s factual allegations, taken as true,
426	426	fail to overcome the immunity established by subsection (a).
427	427	(e)(1) Except as provided in subdivision (2), the
428	428	pendency of a motion to dismiss pursuant to subsection (d)
429	429	shall automatically stay the obligation of any party or
430	430	non-party to make disclosures or respond to discovery requests
431	431	of any kind unless a party establishes any of the following:
432	432	a. The motion to dismiss is frivolous.
433	433	b. A response to a particularized discovery request is
434	434	necessary to preserve evidence.
435	435	c. An exception to the stay is necessary to prevent
436	436	undue prejudice to prevent a failure or delay of justice
437	437	within the meaning of Alabama Rule of Civil Procedure
438	438	27(a)(3).
439	439	(2) The automatic stay of discovery provided by
440	440	subdivision (1) does not prohibit the plaintiff from seeking
441	441	production of any written policies governing the law
442	442	enforcement officer’s conduct at the time of the specific
443	443	195
444	444	196
445	445	197
446	446	198
447	447	199
448	448	200
449	449	201
450	450	202
451	451	203
452	452	204
453	453	205
454	454	206
455	455	207
456	456	208
457	457	209
458	458	210
459	459	211
460	460	212
461	461	213
462	462	214
463	463	215
464	464	216
465	465	217
466	466	218 SB129 INTRODUCED
467	467	Page 10
468	468	enforcement officer’s conduct at the time of the specific
469	469	events identified in the complaint. Nothing in this act shall
470	470	be construed as addressing whether a written policy is a
471	471	public record for purposes of Section 36-12-40 et seq., and
472	472	nothing in this act shall preclude the entry of a protective
473	473	order prohibiting public disclosure of such a written policy.
474	474	(3) Unless otherwise ordered by the court, during the
475	475	pendency of the stay established by this section, the legal
476	476	responsibilities of the parties concerning the preservation of
477	477	evidence shall continue.
478	478	(f) A law enforcement officer may seek entry of
479	479	dismissal or judgment as a matter of law, including summary
480	480	judgment, on grounds that he or she is immune pursuant to
481	481	subsection (a) as allowed under the Alabama Rules of Civil
482	482	Procedure.
483	483	(g)(1) A law enforcement officer asserting immunity
484	484	under subsection (a) bears the burden of establishing that the
485	485	claim is premised on conduct performed within the law
486	486	enforcement officer’s discretionary authority as that term is
487	487	defined in section 1(2).
488	488	(2) Once the law enforcement officer satisfies his or
489	489	her burden under subdivision (1), the burden shifts to the
490	490	plaintiff to establish that the law enforcement officer is not
491	491	immune pursuant to subsection (b).
492	492	Section 3.(a) The improper denial of a motion to
493	493	dismiss or motion for judgment as a matter of law, including a
494	494	219
495	495	220
496	496	221
497	497	222
498	498	223
499	499	224
500	500	225
501	501	226
502	502	227
503	503	228
504	504	229
505	505	230
506	506	231
507	507	232
508	508	233
509	509	234
510	510	235
511	511	236
512	512	237
513	513	238
514	514	239
515	515	240
516	516	241
517	517	242
518	518	243 SB129 INTRODUCED
519	519	Page 11
520	520	dismiss or motion for judgment as a matter of law, including a
521	521	motion for summary judgment, based on the immunity provided
522	522	under Section 2(a), or any action improperly allowing
523	523	discovery in violation of Section 2(e), shall entitle a law
524	524	enforcement officer to mandamus relief from the Alabama
525	525	Supreme Court. Any petition for a writ of mandamus pursuant to
526	526	this subsection shall be filed pursuant to the Alabama Rules
527	527	of Appellate Procedure.
528	528	(b) The filing of a petition for a writ of mandamus
529	529	shall automatically stay further proceedings in the trial
530	530	court unless, and to the extent that, the court validly finds
531	531	upon motion of any party that further proceedings are
532	532	necessary to prevent irreparable harm.
533	533	Section 4.(a) The protections afforded a law
534	534	enforcement officer under this act apply to any cause of
535	535	action that accrued on or after the effective date of this
536	536	act.
537	537	(b) The protections available to law enforcement
538	538	officers under this act are in addition to, and supplemental
539	539	of, any protections available to a law enforcement officer
540	540	pursuant to Section 36-1-12, Section 36-22-3, Section 14-16-1,
541	541	or Article I, Section 14 of the Alabama Constitution of 2022.
542	542	(c)This act is intended to extend immunity only to a
543	543	law enforcement officer for conduct performed within a law
544	544	enforcement officer’s discretionary authority. No immunity is
545	545	extended to any private non-governmental person or entity,
546	546	244
547	547	245
548	548	246
549	549	247
550	550	248
551	551	249
552	552	250
553	553	251
554	554	252
555	555	253
556	556	254
557	557	255
558	558	256
559	559	257
560	560	258
561	561	259
562	562	260
563	563	261
564	564	262
565	565	263
566	566	264
567	567	265
568	568	266
569	569	267
570	570	268 SB129 INTRODUCED
571	571	Page 12
572	572	extended to any private non-governmental person or entity,
573	573	including any private employer of a law enforcement officer
574	574	during that officer's off-duty hours.
575	575	(d) Every private, non-governmental person or entity
576	576	who hires a law enforcement officer during that officer's
577	577	off-duty hours to perform any type of security work or to work
578	578	while in the uniform of a law enforcement officer shall have
579	579	in force at least $500,000 of liability insurance, which
580	580	insurance must indemnify for acts the off-duty law enforcement
581	581	officer takes within the line and scope of the private
582	582	employment or contract. The failure to have in force the
583	583	insurance required by this subsection shall make every
584	584	individual employer, every general partner of a partnership
585	585	employer, every member of an unincorporated association
586	586	employer, and every officer of a corporate employer
587	587	individually liable for all acts taken by the off-duty law
588	588	enforcement officer within the line and scope of the private
589	589	employment or contract.
590	590	Section 5. Sections 13A-3-20, 13A-3-27, and 13A-3-28
591	591	Code of Alabama 1975, are amended as follows:
592	592	"§13A-3-20
593	593	The following definitions are applicable to this
594	594	article:
595	595	(1) BUILDING. Any structure which may be entered and
596	596	utilized by persons for business, public use, lodging, or the
597	597	storage of goods, and includes any vehicle, aircraft, or
598	598	watercraft used for the lodging of persons or carrying on
599	599	269
600	600	270
601	601	271
602	602	272
603	603	273
604	604	274
605	605	275
606	606	276
607	607	277
608	608	278
609	609	279
610	610	280
611	611	281
612	612	282
613	613	283
614	614	284
615	615	285
616	616	286
617	617	287
618	618	288
619	619	289
620	620	290
621	621	291
622	622	292
623	623	293
624	624	294 SB129 INTRODUCED
625	625	Page 13
626	626	watercraft used for the lodging of persons or carrying on
627	627	business therein. Each unit of a building consisting of two or
628	628	more units separately occupied or secured is a separate
629	629	building.
630	630	(2) CONDUCT PERFORMED WITHIN A LAW ENFORCEMENT
631	631	OFFICER’S DISCRETIONARY AUTHORITY. Governmental conduct by a
632	632	law enforcement officer performing a legitimate job-related
633	633	function or performing a job-related goal through means that
634	634	were within the law enforcement officer’s plausible power to
635	635	utilize. In determining whether governmental conduct was
636	636	performed within a law enforcement officer’s discretionary
637	637	authority, a court must temporarily put aside that the conduct
638	638	may have been committed for an improper or unconstitutional
639	639	purpose, in an improper or unconstitutional manner, to an
640	640	improper unconstitutional extent, or under improper or
641	641	constitutionally inappropriate circumstances. The court must
642	642	determine whether, if done for a proper purpose, the conduct
643	643	was within, or reasonably related to, the outer perimeter of a
644	644	law enforcement officer’s governmental discretion in
645	645	performing his or her official duties.
646	646	(23) DEADLY PHYSICAL FORCE. Force which, under the
647	647	circumstances in which it is used, is readily capable of
648	648	causing death or serious physical injury.
649	649	(4) DETENTION FACILITY OFFICER. Any peace officer,
650	650	guard, or detention or jail officer who, in the exercise of
651	651	his or her discretionary authority, is authorized to use
652	652	physical force against persons and who is employed in a
653	653	295
654	654	296
655	655	297
656	656	298
657	657	299
658	658	300
659	659	301
660	660	302
661	661	303
662	662	304
663	663	305
664	664	306
665	665	307
666	666	308
667	667	309
668	668	310
669	669	311
670	670	312
671	671	313
672	672	314
673	673	315
674	674	316
675	675	317
676	676	318
677	677	319
678	678	320 SB129 INTRODUCED
679	679	Page 14
680	680	physical force against persons and who is employed in a
681	681	facility used for the confinement, pursuant to law, of any of
682	682	the following persons:
683	683	a. Someone charged with or convicted of an offense.
684	684	b. Someone charged with being or adjudicated a youthful
685	685	offender, a neglected minor, or juvenile delinquent.
686	686	c. Someone held for extradition.
687	687	d. Someone otherwise confined pursuant to an order of a
688	688	court.
689	689	(35) DWELLING. A building which is usually occupied by
690	690	a person lodging therein at night, or a building of any kind,
691	691	including any attached balcony, whether the building is
692	692	temporary or permanent, mobile or immobile, which has a roof
693	693	over it, and is designed to be occupied by people lodging
694	694	therein at night.
695	695	(46) FORCE. Physical action or threat against another,
696	696	including confinement.
697	697	(7) LAW ENFORCEMENT OFFICER. Any peace officer or
698	698	tactical medic, except a constable, who is employed or
699	699	appointed pursuant to the Constitution or statutes of this
700	700	state, whether appointed or employed as a peace officer or
701	701	tactical medic by the state or a county or municipality
702	702	thereof, or by an agency or institution, corporate or
703	703	otherwise, created pursuant to the Constitution or laws of
704	704	this state and authorized by the Constitution or laws to
705	705	appoint or employ police officers or other peace officers or
706	706	tactical medics, and whose duties prescribed by law, or by the
707	707	lawful terms of their employment or appointment, include the
708	708	321
709	709	322
710	710	323
711	711	324
712	712	325
713	713	326
714	714	327
715	715	328
716	716	329
717	717	330
718	718	331
719	719	332
720	720	333
721	721	334
722	722	335
723	723	336
724	724	337
725	725	338
726	726	339
727	727	340
728	728	341
729	729	342
730	730	343
731	731	344
732	732	345
733	733	346
734	734	347 SB129 INTRODUCED
735	735	Page 15
736	736	lawful terms of their employment or appointment, include the
737	737	enforcement of, or the investigation and reporting of
738	738	violations of, the criminal laws of this state, and who is
739	739	empowered by the laws of this state to execute warrants, to
740	740	arrest and to take into custody persons who violate, or who
741	741	are lawfully charged by warrant, indictment, or other lawful
742	742	process, with violations of, the criminal laws of this state.
743	743	The term includes any detention facility officer.
744	744	(58) PREMISES. The term includes any building, as
745	745	defined in this section, and any real property.
746	746	(69) RESIDENCE. A dwelling in which a person resides
747	747	either temporarily or permanently or is visiting as an invited
748	748	guest.
749	749	(10) TACTICAL MEDIC. A firefighter paramedic or
750	750	firefighter emergency medical technician licensed by the State
751	751	of Alabama and employed by the state or a county or
752	752	municipality within the state, operating on-duty in direct
753	753	support of a tactical law enforcement unit to provide medical
754	754	services at high risk incidences including hostage incidents,
755	755	narcotic raids, hazardous surveillance, sniper incidents,
756	756	armed suicidal persons, barricaded suspect, felony warrant
757	757	service, and fugitives refusing to surrender.
758	758	(711) VEHICLE. A motorized conveyance which is designed
759	759	to transport people or property."
760	760	"§13A-3-27
761	761	(a) A peace officer is justified in using that degree
762	762	of physical force which he reasonably believes to be
763	763	necessary, upon a person in order:
764	764	348
765	765	349
766	766	350
767	767	351
768	768	352
769	769	353
770	770	354
771	771	355
772	772	356
773	773	357
774	774	358
775	775	359
776	776	360
777	777	361
778	778	362
779	779	363
780	780	364
781	781	365
782	782	366
783	783	367
784	784	368
785	785	369
786	786	370
787	787	371
788	788	372
789	789	373
790	790	374 SB129 INTRODUCED
791	791	Page 16
792	792	necessary, upon a person in order:
793	793	(1) To make an arrest for a misdemeanor, violation or
794	794	violation of a criminal ordinance, or to prevent the escape
795	795	from custody of a person arrested for a misdemeanor, violation
796	796	or violation of a criminal ordinance, unless the peace officer
797	797	knows that the arrest is unauthorized; or
798	798	(2) To defend himself or a third person from what he
799	799	reasonably believes to be the use or imminent use of physical
800	800	force while making or attempting to make an arrest for a
801	801	misdemeanor, violation or violation of a criminal ordinance,
802	802	or while preventing or attempting to prevent an escape from
803	803	custody of a person who has been legally arrested for a
804	804	misdemeanor, violation or violation of a criminal ordinance.
805	805	(b) A peace officer is justified in using deadly
806	806	physical force upon another person when and to the extent that
807	807	he reasonably believes it necessary in order:
808	808	(1) To make an arrest for a felony or to prevent the
809	809	escape from custody of a person arrested for a felony, unless
810	810	the officer knows that the arrest is unauthorized; or
811	811	(2) To defend himself or a third person from what he
812	812	reasonably believes to be the use or imminent use of deadly
813	813	physical force.
814	814	(c) Nothing in subdivision (a)(1), or (b)(1), or (f)(2)
815	815	constitutes justification for reckless or criminally negligent
816	816	conduct by a peace officer amounting to an offense against or
817	817	with respect to persons being arrested or to innocent persons
818	818	whom he is not seeking to arrest or retain in custody.
819	819	(d) A peace officer who is effecting an arrest pursuant
820	820	to a warrant is justified in using the physical force
821	821	375
822	822	376
823	823	377
824	824	378
825	825	379
826	826	380
827	827	381
828	828	382
829	829	383
830	830	384
831	831	385
832	832	386
833	833	387
834	834	388
835	835	389
836	836	390
837	837	391
838	838	392
839	839	393
840	840	394
841	841	395
842	842	396
843	843	397
844	844	398
845	845	399
846	846	400
847	847	401
848	848	402 SB129 INTRODUCED
849	849	Page 17
850	850	to a warrant is justified in using the physical force
851	851	prescribed in subsections (a) and (b) unless the warrant is
852	852	invalid and is known by the officer to be invalid.
853	853	(a) A law enforcement officer shall be justified in
854	854	making any use of physical force against a person if the use
855	855	of force is conduct performed within the law enforcement
856	856	officer’s discretionary authority and does not constitute
857	857	excessive force as provided in subsection (b).
858	858	(b) No law enforcement officer shall be justified, as
859	859	provided in this section, for any use of physical force
860	860	against a person if the use of force violates that person’s
861	861	rights, under the Constitution of Alabama or the Constitution
862	862	of the United States, to be free from excessive force.
863	863	(ec) Except as provided in subsection ( fd), a person
864	864	who has been directed by a peace officer law enforcement
865	865	officer to assist him to effect an arrest or to prevent an
866	866	escape from custody is justified in using physical force when
867	867	and to the extent that he reasonably believes that force to be
868	868	necessary to carry out the peace officer's law enforcement
869	869	officer's direction.
870	870	(fd) A person who has been directed to assist a peace
871	871	officer law enforcement officer under circumstances specified
872	872	in subsection (ec) may use deadly physical force to effect an
873	873	arrest or to prevent an escape only when:
874	874	(1) He reasonably believes that force to be necessary
875	875	to defend himself or a third person from what he reasonably
876	876	believes to be the use or imminent use of deadly physical
877	877	force; or
878	878	403
879	879	404
880	880	405
881	881	406
882	882	407
883	883	408
884	884	409
885	885	410
886	886	411
887	887	412
888	888	413
889	889	414
890	890	415
891	891	416
892	892	417
893	893	418
894	894	419
895	895	420
896	896	421
897	897	422
898	898	423
899	899	424
900	900	425
901	901	426
902	902	427
903	903	428
904	904	429 SB129 INTRODUCED
905	905	Page 18
906	906	force; or
907	907	(2) He is authorized by the peace officer law
908	908	enforcement officer to use deadly physical force and does not
909	909	know that the peace officer law enforcement officer himself is
910	910	not authorized to use deadly physical force under the
911	911	circumstances.
912	912	(ge) A private person acting on his own account is
913	913	justified in using physical force upon another person when and
914	914	to the extent that he reasonably believes it necessary to
915	915	effect an arrest or to prevent the escape from custody of an
916	916	arrested person whom he reasonably believes has committed a
917	917	felony and who in fact has committed that felony, but he is
918	918	justified in using deadly physical force for the purpose only
919	919	when he reasonably believes it necessary to defend himself or
920	920	a third person from what he reasonably believes to be the use
921	921	or imminent use of deadly physical force.
922	922	(h) A guard or peace officer employed in a detention
923	923	facility is justified:
924	924	(1) In using deadly physical force when and to the
925	925	extent that he reasonably believes it necessary to prevent
926	926	what he reasonably believes to be the escape of a prisoner
927	927	accused or convicted of a felony from any detention facility,
928	928	or from armed escort or guard;
929	929	(2) In using physical force, but not deadly physical
930	930	force, in all other circumstances when and to extent that he
931	931	reasonably believes it necessary to prevent what he reasonably
932	932	believes to be the escape of a prisoner from a detention
933	933	facility.
934	934	(3) "Detention facility" means any place used for the
935	935	430
936	936	431
937	937	432
938	938	433
939	939	434
940	940	435
941	941	436
942	942	437
943	943	438
944	944	439
945	945	440
946	946	441
947	947	442
948	948	443
949	949	444
950	950	445
951	951	446
952	952	447
953	953	448
954	954	449
955	955	450
956	956	451
957	957	452
958	958	453
959	959	454
960	960	455
961	961	456
962	962	457 SB129 INTRODUCED
963	963	Page 19
964	964	(3) "Detention facility" means any place used for the
965	965	confinement, pursuant to law, of a person:
966	966	a. Charged with or convicted of an offense; or
967	967	b. Charged with being or adjudicated a youthful
968	968	offender, a neglected minor or juvenile delinquent; or
969	969	c. Held for extradition; or
970	970	d. Otherwise confined pursuant to an order of a
971	971	criminal court.
972	972	(f)(1) A person who uses force, including deadly physical
973	973	force, as justified and permitted in this section is immune
974	974	from criminal prosecution for the use of such force, unless
975	975	the force is determined to be unlawful under this section.
976	976	(2) Prior to the commencement of a trial in a case in
977	977	which a defense is claimed under this section, the court
978	978	having jurisdiction over the case, upon motion of the
979	979	defendant, shall conduct a pretrial hearing to determine
980	980	whether force, including deadly force, used by the defendant
981	981	was justified or was unlawful under this section. During any
982	982	pretrial hearing to determine immunity, the defendant must
983	983	show by a preponderance of the evidence that he or she is
984	984	immune from criminal prosecution.
985	985	(3) After a pretrial hearing under subdivision (2), the
986	986	case shall not proceed to trial until the court enters a
987	987	written order setting forth reasons that the defendant lacks
988	988	immunity from criminal prosecution under this section. If the
989	989	court concludes that the defendant has proven by a
990	990	458
991	991	459
992	992	460
993	993	461
994	994	462
995	995	463
996	996	464
997	997	465
998	998	466
999	999	467
1000	1000	468
1001	1001	469
1002	1002	470
1003	1003	471
1004	1004	472
1005	1005	473
1006	1006	474
1007	1007	475
1008	1008	476
1009	1009	477
1010	1010	478
1011	1011	479
1012	1012	480
1013	1013	481
1014	1014	482 SB129 INTRODUCED
1015	1015	Page 20
1016	1016	court concludes that the defendant has proven by a
1017	1017	preponderance of the evidence that force, including deadly
1018	1018	force, was justified, the court shall enter an order finding
1019	1019	the defendant immune from criminal prosecution under this
1020	1020	section and dismissing the criminal charges.
1021	1021	(4) If the defendant does not meet his or her burden of
1022	1022	proving immunity at the pretrial hearing, he or she may
1023	1023	continue to pursue justification and immunity under this
1024	1024	section as a defense at trial. Once the issue of justification
1025	1025	and immunity under this section has been raised by the
1026	1026	defendant, the state continues to bear the burden of proving
1027	1027	beyond a reasonable doubt all of the elements of the charged
1028	1028	conduct.
1029	1029	(g)(1) A court order improperly denying immunity under
1030	1030	this section, entered after the pretrial hearing provided
1031	1031	under subsection (f), shall entitle the defendant to mandamus
1032	1032	relief from the Alabama Supreme Court. Any petition for a writ
1033	1033	of mandamus pursuant to this subsection shall be filed
1034	1034	pursuant to the Alabama Rules of Appellate Procedure.
1035	1035	(2) The filing of a petition for a writ of mandamus
1036	1036	pursuant to subdivision (1) shall automatically stay further
1037	1037	proceedings in the trial court. The stay shall remain in
1038	1038	effect while the mandamus petition remains pending.
1039	1039	(h) A law enforcement agency may use standard
1040	1040	procedures for investigating the use of force described in
1041	1041	subsection (a), but the agency may not arrest the person for
1042	1042	483
1043	1043	484
1044	1044	485
1045	1045	486
1046	1046	487
1047	1047	488
1048	1048	489
1049	1049	490
1050	1050	491
1051	1051	492
1052	1052	493
1053	1053	494
1054	1054	495
1055	1055	496
1056	1056	497
1057	1057	498
1058	1058	499
1059	1059	500
1060	1060	501
1061	1061	502
1062	1062	503
1063	1063	504
1064	1064	505
1065	1065	506
1066	1066	507 SB129 INTRODUCED
1067	1067	Page 21
1068	1068	subsection (a), but the agency may not arrest the person for
1069	1069	using force unless it determines that there is probable cause
1070	1070	that the force used was unlawful under this section. "
1071	1071	"§13A-3-28
1072	1072	A person may not use physical force to resist a lawful
1073	1073	arrest by a peace officer law enforcement officer who is known
1074	1074	or reasonably appears to be a peace officer law enforcement
1075	1075	officer."
1076	1076	Section 6.Section 6-5-338, relating to peace officer
1077	1077	immunity, is hereby repealed.
1078	1078	Section 7. This act shall become effective on October
1079	1079	1, 2025.
1080	1080	508
1081	1081	509
1082	1082	510
1083	1083	511
1084	1084	512
1085	1085	513
1086	1086	514
1087	1087	515
1088	1088	516
1089	1089	517
1090	1090	518