On Wednesday May 14th, Alabama’s annual legislative session passed a bill (HB202) which enhances immunity for police officers who have suffered accusations of misconduct. This bill seeks to expand the protection of officers and give them additional procedural defenses during litigation. HB202 was sponsored by Rep. Rex Reynolds (R-Huntsville) who is a retired police chief, and an advocate for restorative justice in terms of supporting our first responders. Reynolds has worked hard to change the narrative regarding police institutions and their immunities within the legal system. The new law rewrites Alabama’s police immunity law for both civil and criminal cases and adds new definitions for courts to determine whether an officer is justified in use of physical force and immune from prosecution. The law now states that police are justified in, and immune from criminal prosecution for, any use of physical force “performed within the law enforcement officer’s discretionary authority” unless the use of force violates constitutional rights to be free from excessive force. 

Simply, this law offers another layer of security for those who wear the uniform; these individuals are free to go forward with their daily duties without unnecessary fear of malicious prosecution or lack of legal protection. Under the new law, an officer charged for excessive use of force can ask for a pretrial hearing to determine if immunity applies under the new standards.

The Governor of Alabama, Kay Ivey, says that she looked forward to signing the bill swiftly into law, and that legislation such as this will help cops do their jobs courageously and effectively. There is general agreement among the republican representatives of Alabama that this bill will greatly benefit their police department, and hopefully raise standards for hiring men and women who risk their lives every day. Representative Reynolds says, “We hope it will restore some faith in our officers, that we do have their back in Alabama. We hope it increases recruitment and helps for the retention of our officers.” There is a rampant hiring problem among police departments across the country as there is a low recruitment and retention rate, partially due to a widespread lack of support and negative narrative surrounding our first responders. Legislative initiatives such as HB202 are essential in terms of restoring strength and pride into the nation’s police forces.

Police Officers’ Defense Coalition (PODC) wholeheartedly supports this new state law as it delivers a prompt and profound manifestation of a return to believing in the badge and all that it stands for. Law enforcement continues to be a topic of dissension amongst lawmakers and our communities; but in order for our communities to truly thrive, we must hold firm to the standards of high quality law enforcement accompanied by a belief and gratitude for the men and women who chose to serve in these positions. 

In order to further the mission of police support, Police Officers’ Defense Coalition is backing the federal Qualified Immunity bill which offers a similar standard of protection at the federal level; it creates a permanent standard which shields police officers from harassment, liability and being sued in a state court if they have followed their training and good judgement. PODC continues to promote the welfare and livelihoods of our men and women who wear the badge through the support of laws which expand immunities and protections. We urge all states to conscientiously pass laws that uphold similar values and restores trust in our officers. We will push expanded immunity at the federal level so that we may see a return to trust and belief in the dignity of our law enforcement officers.