HB202 Alabama 2024 Session

Summary

Primary Sponsor

Anthony Daniels Representative

Democrat

Session

Regular Session 2024

Title

Civil Procedure; attorney fees and damages authorized for protected class of workers assaulted while performing their official job duties

Description

Under existing law, there is no private right of action for assault on a specified class of protected workers.

This bill would create a protected class of workers and independent contractors who have a private right of action if they are assaulted at their workplace while performing, directly or indirectly, their official job duties.

This bill would provide for the newly created protected workers class, to include, but not be limited to, election workers and officials; health care workers, including occupational health providers who evaluate worker's compensation claims; home health care workers working in a private home; long-term care facility workers; pharmacy workers; Alabama Department of Human Resources workers performing social work; Public K-12 school teachers, administrators, staff, and volunteers; elementary and secondary school, and private and public educational institution sports referees; municipal sanitation workers; mail carriers and delivery workers; servers in food establishments or at event venues; food truck staff; drivers of rideshare vehicles; drivers of public transit vehicles; utility, maintenance, and construction workers; retail workers HB202 INTRODUCED and courthouse staff.

This bill would provide a definition of assault and aggravated assault for this civil action. This bill would provide that it shall be construed in reference with all laws relating to assault and bodily injury.

This bill would provide for a time period in which an action may be commenced. This bill would eliminate the defense of the actor not possessing the intent to carry out the assault or being unaware an assault occurred.

This bill would further provide that conviction under the criminal assault laws conclusively establishes the liability of the convicted individual for damages under this act.

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Subjects

Civil Procedure; Labor & Employment