MONTGOMERY, AL - On Wednesday, May 14th, Alabama lawmakers approved enhanced legal protections for police officers throughout the state. The Associated Press (AP) reported that the Alabama legislature gave final approval to the legislation that sets legal standards for the use of force and provides for an immunity hearing.
Republicans, who called the legislation the "Back the Blue" bill, said it is needed to provide a clear legal framework and to show support for law enforcement officers faced with making split-second, often times life-threatening, decisions. The bill states that an officer "shall be justified" in the use of physical force as long as it is not constitutionally excessive force or "recklessly" outside of the officer's discretionary authority.
The Alabama Senate approved the bill on a 25-6 late-night vote in the final hour of the legislative session. The House of Representatives accepted Senate changes. The bill is now headed to Alabama Governor Kay Ivey who said she will sign it into law.
Senator Lance Bell, a former deputy sheriff, said, "We ask them to take care of us, keep us safe in our homes as we sleep at night. This bill will give them the assurances that we back them and back the blue." He added that officers who act improperly can still be prosecuted. Democrat lawmakers saw the bill differently, calling it a "green light to kill black people."
The approval came after an emotional debate in which black lawmakers read the names of black people who have been killed by police and described their own encounters with law enforcement. Senator Rodger Smitherman, a black Democrat from Birmingham said, "HB 202 is a license to kill black people. That's what it is."
Smitherman said departments have very good officers, but they also have officers who are "racist against black people" or will make impulsive decisions because they are scared. Senator Merika Coleman, a black Democrat from Pleasant Grove, said she fears the bill will protect "bad apples" in police departments.
Bell urged opponents of the bill to "walk a mile in a law enforcement officer's shoes and find out what they have to deal with." Smitherman responded back saying, "Walk a mile in the person's shoes when the person is dead." After the bill's passage, the governor wrote on social media, "There is NO question Alabama backs the blue!"
Under existing state law, police and civilians alike are currently entitled to a "stand your ground" hearing in criminal cases where a judge can determine whether the defendant acted in self defense. The legislation will now allow for an immunity hearing where a judge will decide of a case can proceed based on whether the officer acted recklessly outside the scope of law enforcement duties.
It would add similar protections in state civil lawsuits. It would also require law enforcement departments to collect data that tracks use of force complaints. Hoss Mack, the executive director of the Alabama Sheriff's Association, testified in favor of the bill back in April. He said, "This is of equal benefit to law enforcement and the public. Let me reiterate what this bill does not do. It does not give blanket immunity to law enforcement."
Mack added that he personally arrested officers that worked for him for misconduct throughout his 39-year career in law enforcement. Leroy Maxwell, a civil rights attorney based in Birmingham said that he is afraid the bill would embolden misconduct, adding, "Legislation like this paves the way toward a police state, where law enforcement operates above the law and without fear of consequence."
Republicans, who called the legislation the "Back the Blue" bill, said it is needed to provide a clear legal framework and to show support for law enforcement officers faced with making split-second, often times life-threatening, decisions. The bill states that an officer "shall be justified" in the use of physical force as long as it is not constitutionally excessive force or "recklessly" outside of the officer's discretionary authority.
The Alabama Senate approved the bill on a 25-6 late-night vote in the final hour of the legislative session. The House of Representatives accepted Senate changes. The bill is now headed to Alabama Governor Kay Ivey who said she will sign it into law.
Senator Lance Bell, a former deputy sheriff, said, "We ask them to take care of us, keep us safe in our homes as we sleep at night. This bill will give them the assurances that we back them and back the blue." He added that officers who act improperly can still be prosecuted. Democrat lawmakers saw the bill differently, calling it a "green light to kill black people."
The approval came after an emotional debate in which black lawmakers read the names of black people who have been killed by police and described their own encounters with law enforcement. Senator Rodger Smitherman, a black Democrat from Birmingham said, "HB 202 is a license to kill black people. That's what it is."
Smitherman said departments have very good officers, but they also have officers who are "racist against black people" or will make impulsive decisions because they are scared. Senator Merika Coleman, a black Democrat from Pleasant Grove, said she fears the bill will protect "bad apples" in police departments.
Bell urged opponents of the bill to "walk a mile in a law enforcement officer's shoes and find out what they have to deal with." Smitherman responded back saying, "Walk a mile in the person's shoes when the person is dead." After the bill's passage, the governor wrote on social media, "There is NO question Alabama backs the blue!"
Under existing state law, police and civilians alike are currently entitled to a "stand your ground" hearing in criminal cases where a judge can determine whether the defendant acted in self defense. The legislation will now allow for an immunity hearing where a judge will decide of a case can proceed based on whether the officer acted recklessly outside the scope of law enforcement duties.
It would add similar protections in state civil lawsuits. It would also require law enforcement departments to collect data that tracks use of force complaints. Hoss Mack, the executive director of the Alabama Sheriff's Association, testified in favor of the bill back in April. He said, "This is of equal benefit to law enforcement and the public. Let me reiterate what this bill does not do. It does not give blanket immunity to law enforcement."
Mack added that he personally arrested officers that worked for him for misconduct throughout his 39-year career in law enforcement. Leroy Maxwell, a civil rights attorney based in Birmingham said that he is afraid the bill would embolden misconduct, adding, "Legislation like this paves the way toward a police state, where law enforcement operates above the law and without fear of consequence."
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