SB247INTRODUCED
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SB247
261PKSS-1
By Senator Orr
RFD: County and Municipal Government
First Read: 18-Mar-25
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5 261PKSS-1 12/11/2024 THR (L)ma 2024-3186
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First Read: 18-Mar-25
SYNOPSIS:
This bill would prohibit a person from using
artificial noise amplification to picket or protest at
or near a residence of any individual with the intent
to harass, intimidate, or disturb.
This bill would prohibit a person from picketing
or protesting at or near the residence of any
individual with the intent to harass, intimidate, or
disturb during the period starting 30 minutes after
sunset and ending 30 minutes before sunrise.
This bill would prohibit a person from blocking
any public road, the ingress or egress of any
residence, or the ingress or egress of any place of
employment while picketing or protesting.
This bill would provide criminal penalties for
violations.
This bill would require law enforcement officers
to ask a person who is picketing or protesting to
peacefully leave the premises before placing that
person under arrest.
This bill would allow municipalities or counties
to adopt ordinances or resolutions to regulate the time
and noise level of any picketing or protesting in a
residential area.
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A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to prohibit a person
from picketing or protesting in certain circumstances; to
allow counties and municipalities to adopt ordinances or
regulations regarding time and noise regulations in certain
circumstances; and to provide criminal penalties for
violations.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) LAW ENFORCEMENT OFFICER. An officer employed by the
state, a county, or a municipality who is certified by the
Alabama Peace Officers' Standards and Training Commission and
who has the power to arrest.
(2) RESIDENCE. A building or structure, having a
physical address or street number, that provides shelter in
which an individual resides.
(b) No person may use artificial noise amplification to
picket or protest at or near a residence occupied or used by
any individual with the intent to harass, intimidate, or
disturb that individual or other individuals who reside at
that residence.
(c) No person may picket or protest at or near a
residence occupied or used by any individual with the intent
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residence occupied or used by any individual with the intent
to harass, intimidate, or disturb that individual or other
individuals who reside at that residence during the period
starting 30 minutes after sunset and ending 30 minutes before
sunrise.
(d) No person may block any public road, the ingress or
egress of any residence, or the ingress or egress of any place
of employment while picketing or protesting.
(e) A violation of this section is a Class C
misdemeanor. A second or subsequent violation of this section
is a Class B misdemeanor.
(f) Prior to making an arrest for a violation of this
section, a law enforcement officer shall instruct the person
who is picketing or protesting to immediately and peaceably
disperse.
(g)(1) Municipalities and counties, by ordinance or
resolution, may adopt more stringent regulations to limit the
time frame and noise level of any picketing or protesting in
residential areas.
(2) Violations of ordinances or resolutions adopted
pursuant to this subsection shall be enforced in the same
manner as violations of this section.
(h) Nothing in this section shall limit a person's
freedom of speech or freedom to assemble in any public park or
other similar traditional public forum.
Section 2. This act shall become effective on October
1, 2025.
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