HB202 Alabama 2025 Session

Summary

Primary Sponsor

Rex ReynoldsRepresentative

Republican

Session

2025 Regular Session

Title

Law enforcement officers; civil and criminal immunity from liability, further provided

Summary

HB202 creates new civil and criminal immunity protections for law enforcement officers performing discretionary conduct and use-of-force, expands protections to more officer roles, adds data reporting and a study commission, and repeals the old peace officer immunity.

What This Bill Does

It establishes civil immunity for law enforcement officers for discretionary conduct, with two narrow exceptions: reckless conduct without justification or conduct that violated a clearly established right. It also provides criminal-prosecution immunity for the use of force within discretionary authority, with pretrial hearings to determine applicability and automatic stays of proceedings during review. The bill expands immunity to detention facility officers and tactical medics, extends some protections to employers and off-duty/officer-in-private-employment scenarios (with private employers required to carry liability insurance), repeals the existing peace officer immunity, and adds required data collection on use-of-force complaints plus a study commission to evaluate implementation and effects. It also makes various amendments to related statutes (definitions, sheriff duties, and use-of-force rules) and sets specific effective dates for different provisions.

Who It Affects

• Law enforcement officers (state, county, and municipal) and detention facility officers: receive broad civil and criminal immunity for discretionary conduct and use of force, subject to narrow exceptions and pretrial review.
• Private employers and off-duty/off-duty-in-private-employment security providers: must carry $500,000 liability insurance for off-duty conduct; if not, employers and certain affiliated parties can be held personally liable for acts within the officer’s line and scope.

Key Provisions

• Adds 6-5-338.1 to define key terms such as clearly established rights, discretionary authority, detention facility officer, law enforcement officer, and related concepts used to apply immunity.
• Adds 6-5-338.2 to grant civil immunity for discretionary conduct and set exceptions (reckless without justification or violation of a clearly established right); extends consideration to employer/appointing authority under certain provisions.
• Adds 6-5-338.3 to allow mandamus relief for improper denial of immunity or improper discovery decisions, with automatic stays and deadlines for pretrial immunity determinations.
• Adds 6-5-338.4 to apply protections to actions accruing on/after the act’s effective date and to supplement existing protections from other laws.
• Requires 36-21-55.5 to collect and annually report de-identified use-of-force data (type of force, officer and subject race/ethnicity) to the Peace Officers Standards and Training Commission, which will compile a Legislature-facing report.
• Establishes the Joint Legislative Study Commission on Law Enforcement Legal Protections on Oct 1, 2026, with specified legislative leadership and duties to study implementation, effects, and possible improvements, reporting by 2027 and then dissolution after recommendations.

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

Subjects

Public Safety & Emergencies