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House approves immunity for prosecutors advising police during investigations; critics raise concerns about accountability
Summary
House Bill 38 passed the House unanimously on Feb. 11 to shield prosecuting attorneys from civil liability for advice given to law enforcement in investigatory or charging matters. Supporters said it protects candid legal advice; critics warned it expands immunity and could deprive victims of recourse.
The Alabama House passed House Bill 38 on Feb. 11 by a recorded vote of 101–0. The bill grants civil immunity to prosecuting attorneys — including district and municipal prosecutors — for legal advice and actions taken in the course of prosecutorial duties, specifically when advising law enforcement on investigatory or charging decisions.
Sponsor Judge Hill (Representative Hill) said the measure is intended to encourage candid legal advice between prosecutors and police during ongoing investigations, which he and supporters argued will improve investigative outcomes and reduce mistakes at crime scenes.
Several members voiced strong reservations. A representative from Jefferson County, who said she does not generally support immunity bills, argued that expanding immunity undermines victims’ civil recourse and could deny remedies to people injured by wrongful state action. That member and others asked for empirical examples where prosecutors were deterred from advising officers by fear of civil liability; sponsor Hill said the bill is intended to make protections explicit so prosecutors can advise without concern about civil suits.
Lawmakers who supported the bill said it follows established prosecutorial duties and would not alter the criminal appellate process; opponents said broad immunity creates an imbalance in accountability and requested clearer limits on scope.
Why it matters: The change affects civil liability rules for prosecutors and may alter the legal landscape for claims against government actors. Supporters say it will encourage more effective cooperation between prosecutors and investigators; critics said it risks reducing legal remedies for harmed citizens.
Next steps: HB38 passed the House and will go to the Senate.
