HB202 Alabama 2024 Session

Summary

Primary Sponsor

Anthony DanielsRepresentative

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

Summary

HB202 would create a private right of action for assault against a defined class of protected workers, enabling damages and attorney fees when they are assaulted at work.

What This Bill Does

It creates a protected class of workers and independent contractors who can sue for damages if they are assaulted at their workplace while performing their duties. It defines assault and aggravated assault for this civil action and sets a two-year deadline to file. It eliminates defenses that the attacker lacked intent or was unaware of the assault, and it makes criminal conviction for assault automatically establish liability for damages under this act. It allows damages including compensatory and punitive damages, as well as attorney fees and other relief as appropriate.

Who It Affects

• Protected workers and independent contractors in the defined occupations who are assaulted while performing their official duties can sue for damages, attorney fees, and other relief.
• Individuals who commit assault or aggravated assault against these workers, if convicted under criminal assault laws, will have liability established for damages in this civil action.
• Employers and organizations that employ or deploy these protected workers may be indirectly affected because civil actions can seek damages against the perpetrators and related relief.

Key Provisions

• Creates a protected worker class to include, but not be limited to, election workers and officials; health care workers and occupational health providers; home health care workers; long-term care facility workers; pharmacy workers; DHR social workers; public K-12 teachers, administrators, staff, and volunteers; school sports referees; municipal sanitation workers; mail carriers and delivery workers; servers in food establishments or venues; food truck staff; rideshare and public transit drivers; utility, maintenance, and construction workers; retail workers; and courthouse staff.
• Provides a private right of action for damages, attorneys' fees, and other relief for assaults against protected workers, including compensatory and punitive damages as allowed for wantonness or malice.
• Defines assault and aggravated assault for this civil action and states it should be construed with all laws relating to assault and bodily injury.
• Sets a two-year statute of limitations to commence a civil action after accrual of the cause of action.
• Eliminates the defense that the actor did not intend the assault or did not know it occurred.
• Conviction under criminal assault laws conclusively establishes liability for damages under this act.
• The act becomes effective on October 1, 2024.

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

Subjects

Civil Procedure; Labor & Employment