SB398 Alabama 2021 Session

Summary

Primary Sponsor

Shay ShelnuttSenator

Republican

Co-Sponsor

Clyde Chambliss

Session

Regular Session 2021

Title

Crimes and offenses, assault against a first responder, created, riot and inciting to riot, further provided, aggravated riot, and unlawful traffic interference, created, holding period after arrest, provided, penalties for defunding police, provided, Secs. 13A-11-3.1, 13A-11-5.1 added; Secs. 13A-6-21, 13A-11-1, 13A-11-3, 13A-11-4, 15-10-3 am'd.

Summary

SB398 creates new crimes against first responders and expands riot-related offenses, imposes mandatory jail terms and tighter bail rules, and punishes political subdivisions that defund police with withheld state funds.

What This Bill Does

It establishes assault against a first responder in the first and second degrees with specific actions that qualify and sets mandatory minimum terms and restitution. It adds the crimes of aggravated riot and unlawful traffic interference, and revises the existing riot and inciting to riot laws with new penalties. It tightens arrest and bail rules by requiring custody and a court appearance within 24 hours for these offenses and adds state-funding penalties for defunded jurisdictions until policing is restored. It also broadens certain definitions related to who counts as a first responder and adjusts related penalties and procedures.

Who It Affects

• First responders (police, sheriff, EMS, firefighters, detention/correctional officers) and related personnel, who would face new or enhanced assault offenses with higher penalties and mandatory terms.
• Offenders and individuals charged with assault against first responders, riot, inciting to riot, aggravated riot, or unlawful traffic interference, who would face new crimes, felonies, and minimum jail terms.
• Local governments and political subdivisions, which could lose state grants and certain shared revenues if they dissolve or defund a local law enforcement agency until funding is restored.
• State and local law enforcement agencies and their funding streams, which would be affected by new enforcement provisions and the defunded-jurisdiction funding rules.

Key Provisions

• Creates assault against a first responder in the first degree (Class B felony) with a mandatory minimum term of six months and restitution to victims, including medical costs and property damages.
• Creates assault against a first responder in the second degree (Class C felony) with a mandatory minimum term of three months and restitution to victims.
• Establishes aggravated riot (Class C felony) with a minimum three-month term and restitution; defines triggers such as property damage over $2,500 or injuries.
• Creates unlawful traffic interference (Class A misdemeanor, or Class C if second/subsequent violation or if it results in injury or property damage) with a minimum 30-day term and victim restitution.
• Amends riot and inciting to riot provisions and adds related penalties for those offenses, including 30-day minimum terms for riot and inciting to riot.
• Adds Section 13A-11-3.1 (aggravated riot) and 13A-11-5.1 (unlawful traffic interference) and expands who can be charged under related assault provisions.
• Amends Section 13A-6-21 to broaden second-degree assault provisions to include offenses against certain workers (e.g., utility workers) when obstructing a first responder from performing duties.
• Establishes defunded-jurisdiction rules: a political subdivision that dissolves or defunds a local law enforcement agency may not receive certain state grants or revenues until the agency is restored, with a rebuttable budget-based presumption and exceptions.
• Provides that the act qualifies for exemptions under Amendment 621, allowing these changes to take effect without local-entity 2/3 votes or explicit local approval in some cases.
• Sets an effective date: 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 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes and Offenses