General
A bill to expand legal immunity for police, a priority for Gov. Kay Ivey and Republican leaders in the Alabama Legislature, was praised at a public hearing Wednesday but also sparked warnings about deadly unintended consequences.
The Senate Judiciary Committee did not vote on HB202 by Rep. Rex Reynolds, R-Huntsville, a former Huntsville police chief.
Reynolds said the “Back the Blue” bill would update Alabama’s law on police immunity that was last revised in 1979 and would align it with federal law, U.S. Supreme Court rulings, and what is taught in police academies.
Reynolds said it would establish that police are immune from civil and criminal liability if they act constitutionally, but would provide no immunity if their acts are not constitutional.
The bill would allow police charged with crimes, such as accusations of excessive use of force that result in an injury or death, to request a pretrial hearing so a judge could decide whether the immunity granted under the law would apply.
The police officer’s prosecution would be put on hold until that pretrial hearing, which would happen within 45 days.
“There are men and women in law enforcement that deserve this stay in this criminal prosecution, and also civil, to make that determination,” Reynolds told the Judiciary Committee.
“Oftentimes they make the decision on their discretionary authority within seconds when an incident happens. The least we can do is pause that.”
Sen. Rodger Smitherman, D-Birmingham, said the expanded immunity would have dire consequences. He told Reynolds he did not believe that was the intent of the bill, but said it would put the public, especially Black people, at risk.
“It’s a green light for Black folks to get killed,” Smitherman said.
“That’s just the bottom line. It’s a green light for Black folks to get killed. And the person has the opportunity to not be held accountable.”
Smitherman, who is Black, is an attorney who has taught constitutional law.
Smitherman said there are very good police officers but also some who are afraid of Black people and some who are biased against Black people.
“This law is going to allow the one that’s afraid and allow the one that’s biased to open fire on Black folks,” Smitherman said. “I’m not saying that Black folks are the only ones who are going to get shot.”
But he said Black people are more at risk because of bias and fear.
“We don’t get the benefit of the doubt,” Smitherman said. “I don’t care what it is. Black folks don’t get the benefit of the doubt.”
Reynolds, in response, said he respected Smitherman’s opinion. He then noted that he was wearing the same suit he wore at the funerals of three Huntsville police officers.
“So I take what you said and I flip the coin,” said Reynolds, who worked in law enforcement for 30 years.
“And I worry about that split-second decision they’ve got to go through. And what if they hesitate? And what if they are killed?”
Gita M. Smith, a former newspaper reporter and editor who lives in Montgomery, urged the committee to reject the bill.
“This bill moves the needle closer to something that could be very dangerous,” Smith said. “A police state seems far away to us. But police states do not happen overnight. They happen by increments.”
“We do not want to create more situations where more boots go on the necks of more George Floyds,” Smith said. “Where a police officer kills a father, and then there’s no civil recourse for the family later on to ask for funds to help the family.”
Sen. Greg Albritton, R-Atmore, talked about the split-second, life-and-death decisions police encounter.
“Putting the onus or burden on a cop in a circumstance in the dark, in the rain, in the street, of making a decision of life and death, to sift through that before he takes an action, is unreasonable,” Albritton said.
“Policeman unfortunately have become, instead of being the fathers and mothers and the people that they are doing the job that they are well trained to do, have become targets, have become hated. They are people.”
Albritton said he believes police today are better qualified and better trained than ever.
“We have good people serving,” Albritton said. “We need to make sure that they can do the job and they are protected because they are protecting us.”
Alabama Sheriffs Association Executive Director Hoss Mack urged the committee to approve the bill.
Mack spent 39 years in law enforcement, including 17 as Baldwin County sheriff.
“I heard the mischaracterization of this, that this was a license for law enforcement officers to do more harm, it was a license for law enforcement officers to use more deadly force – I couldn’t disagree with those comments more,” Mack said.
“As a law enforcement officer in my career, I believe I set a standard, and I saw others set the standard to hold law enforcement to be accountable.
“Personally, I’ve arrested police chiefs. Personally, I’ve arrested people that were in the discharge of my own office for acts of wrongdoing. Law enforcement should be held accountable.
“But this bill is necessary to support law enforcement.”
Sen. Will Barfoot, R-Montgomery, chairman of the Judiciary Committee, said he expects the committee to vote on the bill next week.
The Alabama House passed the bill in March.
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