Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that extends immunity from prosecution for law enforcement officers in Alabama.

Highlights:

• Extends immunity from prosecution for law enforcement officers in Alabama (Sec. 1-4).

• Specifies that current standard allows prosecution where law enforcement acts willfully, maliciously, fraudulently, in bad faith, beyond their authority, or under a mistaken interpretation of the law (Sec. 1-4).

• Limits misconduct to violations of rights in the Constitution of Alabama or the U.S. Constitution and protects law enforcement from civil litigation unless they acted recklessly without justification or if they violated people’s constitutional rights (Sec. 1-4).

• Establishes a series of hearings to determine whether a law enforcement officer qualifies for immunity before a criminal prosecution or civil prosecution over alleged misconduct can take place and authorizes that officer to appeal rulings to the Alabama Supreme Court (Sec. 1-4).

• Specifies that an officer who is denied immunity may continue to pursue it as a defense at a trial (Sec. 1-4).

• Requires the state court to issue a decision on a law enforcement officer’s immunity within 45 days of a pretrial hearing and specifies there is no justification for suppression of evidence obtained through an alleged unlawful search (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect beginning October 1, 2025 (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that extends immunity from prosecution for law enforcement officers in Alabama.

Highlights:

• Extends immunity from prosecution for law enforcement officers in Alabama (Sec. 1-4).

• Specifies that current standard allows prosecution where law enforcement acts willfully, maliciously, fraudulently, in bad faith, beyond their authority, or under a mistaken interpretation of the law (Sec. 1-4).

• Limits misconduct to violations of rights in the Constitution of Alabama or the U.S. Constitution and protects law enforcement from civil litigation unless they acted recklessly without justification or if they violated people’s constitutional rights (Sec. 1-4).

• Establishes a series of hearings to determine whether a law enforcement officer qualifies for immunity before a criminal prosecution or civil prosecution over alleged misconduct can take place and authorizes that officer to appeal rulings to the Alabama Supreme Court (Sec. 1-4).

• Specifies that an officer who is denied immunity may continue to pursue it as a defense at a trial (Sec. 1-4).

• Requires the state court to issue a decision on a law enforcement officer’s immunity within 45 days of a pretrial hearing and specifies there is no justification for suppression of evidence obtained through an alleged unlawful search (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect beginning October 1, 2025 (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that extends immunity from prosecution for law enforcement officers in Alabama.

Highlights:

• Extends immunity from prosecution for law enforcement officers in Alabama (Sec. 1-4).

• Specifies that current standard allows prosecution where law enforcement acts willfully, maliciously, fraudulently, in bad faith, beyond their authority, or under a mistaken interpretation of the law (Sec. 1-4).

• Limits misconduct to violations of rights in the Constitution of Alabama or the U.S. Constitution and protects law enforcement from civil litigation unless they acted recklessly without justification or if they violated people’s constitutional rights (Sec. 1-4).

• Establishes a series of hearings to determine whether a law enforcement officer qualifies for immunity before a criminal prosecution or civil prosecution over alleged misconduct can take place and authorizes that officer to appeal rulings to the Alabama Supreme Court (Sec. 1-4).

• Specifies that an officer who is denied immunity may continue to pursue it as a defense at a trial (Sec. 1-4).

• Requires the state court to issue a decision on a law enforcement officer’s immunity within 45 days of a pretrial hearing and specifies there is no justification for suppression of evidence obtained through an alleged unlawful search (Sec. 1-4).

• Specifies that the provisions of this bill shall take effect beginning October 1, 2025 (Sec. 5).

Full Bill Text