House Bill 168 Alabama 2026 Session

Summary

Primary Sponsor

Jamie KielRepresentative

Republican

Session

2026 Regular Session

Title

Crimes and offenses; crime of loitering, exceptions further provided; mask usage policies on school campuses, authorized

Summary

HB168 would carve out a health-related mask exemption from loitering laws for protesters and would let schools and colleges set mask rules on campus.

What This Bill Does

It adds a new exemption to loitering when a person is wearing a medical or surgical mask to prevent the spread of disease during protests or public assemblies. It preserves existing exemptions for masquerade events, parades, and certain educational, religious, or historical presentations. It also authorizes local boards of education and public colleges/universities to adopt and enforce mask policies on their campuses, with administrative disciplinary options for violations but not criminal charges under the loitering statute. The act takes effect October 1, 2026.

Who It Affects

• Individuals who participate in protests or public assemblies and wear a medical/surgical mask for health reasons, who would not be charged with loitering under the new exemption.
• Local boards of education and public institutions of higher education, which could establish campus mask policies and discipline violations of those policies (non-criminal under loitering).

Key Provisions

• Adds new exemption: wearing a medical/surgical mask while participating in a protest, demonstration, or public assembly exempts the wearer from loitering under 13A-11-9 to prevent spread of disease.
• Allows local boards of education to adopt and enforce mask policies on their campuses; violations may lead to administrative discipline but not criminal loitering charges.
• Allows public two-year and four-year institutions of higher education to adopt and enforce campus mask policies; violations may lead to administrative discipline but not criminal loitering charges.
• Effective date: October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 11, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Crimes & Offenses