Judiciary Committee Adopts Substitute, Holds Public Hearing on HB202 to Clarify Use-of-Force Immunity for Law Enforcement

The Alabama House Judiciary Committee on an October hearing day adopted a substitute to House Bill 202 and held a public hearing on the measure that would revise Alabama’s statutory treatment of law enforcement use of force and add new procedures for pretrial review and civil litigation.

HB202, as described by sponsor Representative Reynolds during the hearing, would “modernize the Alabama Code 13-3-27 to make it consistent with the federal constitutional standards” and would provide that a law enforcement officer is “justified in and immune from criminal prosecution for use of force … unless the use of force violates the person’s constitutional right to be free from that excessive force.” The substitute also creates an early pretrial hearing and an automatic stay of prosecution while the officer seeks to establish whether the officer’s conduct falls within the statute’s protections.

Supporters told the committee the bill gives clarity and expedites resolution. An executive director representing Alabama sheriffs said the proposal “clarifies a lot of existing law” and “expedites the process of justice,” adding that prolonged litigation can burden individual officers and agencies. A proponent with criminal-law expertise summarized the principle underpinning the bill: “What is constitutional is not criminal,” and said the bill parallels federal Fourth Amendment standards described in cases such as Graham v. Connor and Tennessee v. Garner.

Opponents raised concerns about accountability, pleading burdens, and civil…