SB3 Alabama 2022 Session

Summary

Primary Sponsor

Shay ShelnuttSenator

Republican

Session

Regular Session 2022

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

SB3 broadens penalties for assaults on first responders, creates new riot-related crimes, tightens custody and bail rules, and conditions certain state funding on local police funding decisions.

What This Bill Does

It creates assault against a first responder in the first and second degrees and updates related assault provisions to cover first responders. It adds the crimes of riot, inciting to riot, aggravated riot, and unlawful traffic interference, with mandatory minimum sentences and restitution requirements. It changes bail/custody rules so offenders associated with these crimes must be held for bail consideration within 24 hours. It also ties state financial support to whether a political subdivision continues to fund its local law enforcement agency, with a process to withhold funds from defunded jurisdictions until funding is restored, while noting constitutional exceptions for local expenditures.

Who It Affects

• First responders (state, local, and tribal law enforcement officers; emergency medical personnel; firefighters; and related personnel) who would face new or enhanced crimes, higher penalties, mandatory minimum terms, and restitution requirements.
• Local governments and political subdivisions that dissolve or defund police or other local law enforcement agencies, because state grants and certain state revenue would be withheld until funding is restored, along with related budgetary and governance implications for residents and victims.

Key Provisions

• Creates the crimes of assault against a first responder in the first degree and in the second degree, with first-degree assault (Class B felony) carrying a minimum term of six months and second-degree assault (Class C felony) carrying a minimum term of three months, both with mandatory restitution.
• Expands the definition of first responder to include law enforcement, emergency medical personnel, firefighters, and other related personnel, and adds specific circumstances (including bodily fluids) that can constitute first-degree assault against a first responder.
• Creates the crimes of riot (Class A misdemeanor; minimum 30 days), inciting to riot (Class A misdemeanor; minimum 30 days), and aggravated riot (Class C felony; minimum three months), with restitution requirements.
• Creates unlawful traffic interference (Class A misdemeanor; or Class C felony on second/subsequent violations or if injury/damage occurs) with a 30-day minimum imprisonment and restitution.
• Establishes an Anti-Aggravated Riot Act and defines aggravated riot as participation in a riot after an order to disperse or during curfew, causing property damage over $2,500 or causing bodily injury.
• Requires that defendants arrested for assault against a first responder, riot, inciting to riot, aggravated riot, or unlawful traffic interference be held for bail consideration within 24 hours, with bail handled under the Alabama Rules of Criminal Procedure if not brought within 24 hours.
• Imposes restitution requirements to cover medical costs, property damage, and other losses to victims for these offenses.
• Allows the state to withhold certain state grants and revenues from a defunded jurisdiction—defined as a political subdivision that abolishes or disbands its law enforcement agency—until funding is restored, with a rebuttable presumption if budgets are cut by 50% or more, and with specified exceptions and a process through the State Treasurer/Comptroller/Attorney General.
• Clarifies that the act is exempt from Amendment 621 local expenditure requirements because it creates new crimes or amends existing ones; also sets the act to take effect on the first day of the third month after passage/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