Legislature passes Governor Ivey's police immunity bill

May 14, 2025 – MONTGOMERY, AL - The Alabama Senate passed legislation giving law enforcement officers civil and criminal immunity as long as they are not acting "recklessly" and the behavior in question is related to their line of duty.

House Bill 202 (HB202) was sponsored by State Representative Rex Reynolds (R-Huntsville). It was carried in the Senate by State Senator Lance Bell (R-Pell City).

Sen. Bell said that the immunity only applies to reasonable policy-compliant actions and that officers are not protected if acting recklessly or if they are violating the rights of a citizen.

Democrats opposed the "Back the Blue" bill both in the Senate and when it went back to the House for concurrence.

Sen. Rodger Smitherman (D-Birmingham) claimed that the bill gave law enforcement officers a license to kill and that those that are killed will be Black people.

State Representative Ontario Tillman (D-Bessemer) said, "What it is actually doing is taking away judicial discretion."

Governor Kay Ivey made this legislation a priority during her state of the state speech back in February. Gov. Ivey said that law enforcement officers did not need to have to deal "with Monday morning quarterbacking by the courts."

Reynolds said that he hopes that passage of the bill will help with recruitment and retention of officers. Reynolds is the former police chief of Huntsville.

"There is NO question Alabama backs the blue!" Gov. Ivey said on social media after HB202 passed. "Thank you to the Senate and House for passing HB202. I look forward to swiftly signing it into law. Providing enhanced legal protections will allow our law enforcement to carry out their duties courageously and effectively."

If a district attorney seeks to prosecute an officer for an on-duty action, the officer is entitled to a hearing before a judge in which the prosecutor has to prove that the officer acted either recklessly or outside of the scope of their duties. If prosecutors fail to meet that standard then the prosecution cannot proceed.

To sue an officer a plaintiff would have to prove that an officer acted outside their authority. It creates the right to a hearing for the officer before a civil complaint can even get into a courtroom.

HB202 passed the Senate 25 to 6 along party lines after a lengthy Democrat filibuster.

It then went back to the House where again Democrats launched a furious filibuster. That was clotured by House Republicans and the House voted to concur with Senate changes in a 73 to 28 vote with less than 30 minutes before the session came to an automatic end at midnight.

The Governor has said that she will sign the bill.

Oxford Police Chief Bill Partridge, the legislative chairman for the Alabama Police Chief's Association thanked the Legislature for passing this priority legislation for the association on Facebook.

"On behalf of the Chiefs Associations legislative committee, I would like to express our heartfelt gratitude to Governor Kay Ivey, Speaker Ledbetter, Representative Reynolds, Senator Bell, and my dedicated local delegation for their unwavering support in passing the Back the Blue Bills in the legislature, including HB202. Your commitment to strengthening our law enforcement community is truly commendable and reflects a deep understanding of the critical role that our police officers play in ensuring the safety and security of our communities.

Thank you for standing up for those who protect and serve us every day. Your efforts not only empower our law enforcement agencies, but also reinforce our shared values of respect and appreciation for the men and women in blue. Thank you again for making such a positive difference!

Reynolds replied, "Thank you Chief for all your support! HB 202 passed tonight at 11:40! Sure appreciate the support of my Colleagues that hung with us to the end. Thank you to Speaker Ledbetter and Governor Ivey for their leadership and support!!"