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House passes HB265 widening penalties for resisting arrest when injuries occur
Summary
The House adopted a substitute for HB265 to enhance penalties where resisting arrest leads to injury or use of a weapon; final passage recorded 78-14.
The Alabama House passed HB265 after adopting a committee substitute that narrows the bill’s original scope and reduces some penalties from earlier drafts. Lawmakers said the measure fills a statutory gap that left officers and bystanders insufficiently protected when a person resisting arrest causes injury.
Sponsor Representative LeVern (chair) told members the substitute reduced maximum penalties in certain sections (class D to C felony adjustments at committee level) and then the House approved the sub on a recorded vote. Final passage was recorded as 78 ayes, 14 nays.
Under the adopted language, resisting arrest remains a crime but triggers enhanced penalties when, during the commission of resisting, the person brandishes a deadly weapon or causes physical injury to an officer, another officer, or an innocent bystander. Sponsors cited incidents where a suspect’s resistance produced injuries to officers or bystanders and argued the statute did not appropriately reflect harm caused without specific intent to injure.
Supporters said the substitute struck a balance between public-safety needs and avoiding overly broad felony exposure; opponents urged caution about raising felony exposure for conduct that may arise in chaotic encounters. The bill now proceeds to the Senate.
Floor and committee records show the adopted committee substitute lowered certain charges to calibrate punishment and preserved prosecutorial discretion on the facts of each arrest.
Votes: committee substitute adopted; final passage recorded 78-14.
