- Primary Sponsor
- Co-Sponsors
- Session
- Regular Session 2021
- Title
- Crimes and offenses, crimes of riot and inciting to riot, harassment, and assault II, amended, crimes of assault against a first responder, aggravated riot, and unlawful traffic interference, created, mandatory holding period for certain violations, provided, mandatory incarceration period for certain violations, provided, exceptions to sovereign immunity, further provided, restrictions on distribution of revenue to defunding jurisdictions, provided, Secs. 13A-11-3.1, 13A-11-5.1, 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
HB445 tightens penalties for assaults on first responders, creates new riot-related crimes, requires immediate custody for certain offenses, and limits state funding to jurisdictions that defund local law enforcement.
What This Bill Does
It creates new crimes: assault against a first responder in the first and second degrees (with specific Do things and penalties), riot, inciting to riot, aggravated riot, and unlawful traffic interference. It raises minimum penalties and requires restitution to victims, expands who counts as a protected first responder (including health care workers, teachers, and utility workers), and broadens the definition of 'crime of violence' to include these offenses. It also imposes mandatory holding periods for these offenses, and restricts state money to defunded jurisdictions until funding for local police is restored, with civil liability for officials who defund police.
Who It Affects
- First responders (police, fire, EMS, detention/correctional staff, and certain auxiliary personnel) receive new or higher penalties when targeted, with mandatory restitution to victims.
- Defendants/arrested individuals (people charged with the new assault on first responders, riot, inciting to riot, aggravated riot, or unlawful traffic interference offenses) face new crimes, minimum prison terms, and mandatory court appearance timelines.
- Local governments and law enforcement agencies (defunding or dissolving a police agency triggers restrictions on state grants and revenue shares until funding is restored; governing bodies may face civil liability for violence occurring after defunding).
- Public and protected workers (health care workers, teachers, and utility workers) are specifically included in the first-responder definitions for assault offenses.
Key Provisions
- Creates assault against a first responder in the first degree: intentional serious injury, injury with deadly weapon or dangerous instrument, strangulation, or injury during riot; Class B felony with a 6-month minimum sentence; includes restitution requirements.
- Creates assault against a first responder in the second degree: intentional physical injury to a first responder while performing duties; Class C felony with a 3-month minimum sentence; includes restitution requirements.
- Amends 13A-6-21 to expand who is protected under second-degree assault (now includes first responders, utility workers, teachers, health care workers) and clarifies off-duty status protections.
- Amends definitions and penalties for riot, inciting to riot, and adds aggravated riot: riot and inciting to riot are Class A misdemeanors with 30-day minimum sentences; aggravated riot is a Class C felony with a 3-month minimum sentence; includes restitution for victims and sets definitions for 'first responder' and 'public place'.
- Adds unlawful traffic interference as a crime: Class A misdemeanor (with a second or subsequent violation or injury/damage elevating to Class C felony); 30-day minimum sentence and restitution requirements.
- Creates 13A-11-3.1 (aggravated riot) and 13A-11-5.1 (unlawful traffic interference) sections with specified conduct thresholds (e.g., property damage over $2,500 or injury).
- Amends arrest, release, and bail rules: suspects charged with these offenses must be held for bail consideration within 24 hours (24-hour rule for these offenses); separate 48-hour hold applies to domestic violence and elder abuse provisions.
- Defunded jurisdiction provisions: a jurisdiction that abolishes or substantially disbands a local police agency cannot receive state grants or shared revenues until funding is restored; 50% or greater budget cuts create a rebuttable presumption of defunding; exemptions exist, including for small agencies.
- Section 9 clarifies the act is exempt from certain local expenditure requirements (Amendment 621) due to creating new crimes.
- Effective date set: the act becomes law on the first day of the third month after passage and approval.
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
