MONTGOMERY, Ala. (WHNT) — A bill is causing controversy in the Alabama Senate that would give law enforcement more protection in lawsuits. It will head to the Senate floor over the next two weeks.
The bill makes police officers immune from lawsuits unless they clearly violate someone’s rights. That includes acting recklessly or using excessive force outside their discretionary authority. State Sen. Arthur Orr, R-Decatur, said the bill updates state law to match decisions already made by the Supreme Court.
“I believe that this bill will certainly offer protections to consumers, or the citizens of Alabama, from abuse by the police or law enforcement in general, but also add some known protections,” Orr said.
One new protection gives officers a pretrial hearing to prove their innocence. State Sen. Andrew Jones, R-Centre, said it will help with recruitment.
“No one wants to work in a job when they’re in harm’s way, and then they have to worry about someone else second-guessing their decisions after the fact and then potentially having a criminal issue,” Jones said.
But state Sen. Robert Stewart, D-Selma, said those decisions need more accountability.
“Not having accountability could possibly attract the wrong type of officers,” Stewart said. “So we need to be very wary of the intent for people entering a profession.”
Stewart said he’s concerned some law enforcement will take advantage of the immunity.
“And just shoot and kill innocent people who didn’t do anything, without accountability, without there being repercussions,” Stewart said.
Jones, however, disagrees.
“I’d say that there are safeguards in effect in the bill,” Jones said. “We still have things like body cameras in those types of situations. I think we need some commonsense protections for folks who are putting themselves in harm’s way.”
There are three legislative days left in the session. If it passes the Senate, the House will need to concur with the bill before it’s sent to the governor’s desk.
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