HB133 Alabama 2021 Session

Summary

Primary Sponsor

Chip BrownRepresentative

Republican

Co-Sponsors

Tim WadsworthRitchie Whorton

Session

Regular Session 2021

Title

Crimes and offenses, crimes of riot and inciting to riot, further provided, assault against a first responder and damaging a public monument, created, crime of violence, definition further provided, harassment and harassing communications further provided, exceptions to sovereign immunity, further provided to include defunded jurisdictions, entitlement to bail, exceptions further provided, prohibitions on receipt of state grants and aid, established under certain conditions, Secs. 13A-11-3.1, 13A-11-8.1 added; Secs. 12-25-32, 13A-6-21, 13A-6-132, 13A-11-1, 13A-11-3, 13A-11-4, 13A-11-8, 13A-11-70, 15-13-2, 36-1-12, 36-2-1 am'd.

Summary

HB133 creates new crimes to protect first responders and public monuments, strengthens riot-related offenses, and adds funding, bail, and liability provisions for defunded jurisdictions and public officials.

What This Bill Does

The bill creates assault against a first responder in the first and second degrees with mandatory minimum sentences and a mandatory holding period for arrests. It also creates damaging a public monument in the first and second degrees with mandatory minimum sentences and arrest holds. It adds an aggravated riot offense and tightens existing riot and inciting to riot laws with mandatory minimums and restitution. It expands harassment and harassing communications offenses, especially near places of public accommodation, and adds electronic harassing communications; it broadens the definition of crime of violence to include these crimes and strengthens related consequences and restrictions. The bill imposes limits on state funding to defunded jurisdictions, allows civil liability for local governing bodies that defund police, makes riot-related crimes carry ineligibility for public office, and changes bail and sovereign immunity rules. It sets relationships between these new offenses and existing statutes, and establishes when these changes take effect.

Who It Affects

• First responders (police, detention/correctional officers, emergency medical personnel, firefighters) who would be protected by new assault offenses with stricter penalties and arrest holding rules.
• Local governments and political subdivisions that defund or heavily reduce funding for law enforcement, who would face limits on state grants/aid, revenue allocations, potential civil liability for governing bodies, and related immunity changes.

Key Provisions

• Creates assault against a first responder in the first degree: listed qualifying conduct (serious injury, deadly weapon, strangulation, injury during riot, or extremely offensive contact), Class B felony, mandatory minimum 1 year imprisonment, $15,000 fine, and restitution; arrest may not be bailed within 48 hours.
• Creates assault against a first responder in the second degree: knowingly causes physical injury, Class C felony, mandatory minimum six months, $5,000 fine, and restitution; 48-hour bail hold applies.
• Creates damaging a public monument in the first degree: on public property during riot/aggravated riot/unlawful assembly, Class C felony, mandatory minimum 1 year, $5,000 fine, restitution; 48-hour bail hold.
• Creates damaging a public monument in the second degree: on public property, Class D felony, mandatory minimum six months, $1,000 fine, restitution; 48-hour bail hold.
• Creates aggravated riot: riot with property damage or bodily injury, Class C felony, mandatory minimum six months, restitution; 48-hour bail hold.
• Maintains riot and inciting to riot as offenses with added mandatory minimums (30 days for riot/inciting to riot) and restitution; 48-hour bail hold for arrests.
• Expands harassment and harassing communications: higher penalties for harassment near places of public accommodation (Class A for such cases) and adds harassing communications (including electronic forms) as offenses, generally Class C misdemeanors.
• Expands the crime of violence to include assault against a first responder (first/second degree), riot, and aggravated riot, affecting firearm restrictions and sentencing considerations.
• Restricts funding to defunded jurisdictions: defunded jurisdictions may not receive state grants/aid or shared state revenues (specific revenue streams listed) until the local law enforcement agency is fully funded; defines defunded jurisdiction.
• Civil liability for defunding: governing bodies that defund may be civilly liable for violent crimes occurring in their jurisdiction under certain conditions.
• Adds riot and aggravated riot to the list of ineligible offenses for public office.
• Reforms bail: a person charged with violent offenses may not have bail as a matter of right; 48-hour appearance requirement; rebuttable presumption that violent offenses indicate unreasonable danger to the public or defendant.
• Amends sovereign immunity rules to include new exceptions related to defunded jurisdictions and the associated liability; clarifies disqualification and liability provisions for public officers.
• Effective date: most provisions take effect on the first day of the third month after passage, with certain sections contingent on a constitutional amendment.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses