Gov. Ivey officially launches public safety package
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Special to the News
Gov. Kay Ivey during her state of the state address Tuesday evening unveiled the public safety package.
“Bolstering public safety is my number one priority this session, and I am proud to partner with Speaker Ledbetter and a bipartisan group of legislators in putting forward a package of bills that will back the blue and combat inner city gun violence,” said Gov. Ivey during her address. “Working together, we will create a safer Alabama.”
The public safety legislation, which will help back the blue and combat inner city gun violence, will be dubbed the “Safe Alabama” package.
“The men and women who wear the badge represent the very best of our state, and it’s time that we take additional steps to show them that we have their backs and appreciate the sacrifices they make to protect and serve,” said House Speaker Nathaniel Ledbetter. “The Safer Alabama Package sends a clear message that Alabama stands firmly behind our law enforcement officers and has zero tolerance for those who threaten the safety of our citizens. I’m proud to partner with Gov. Ivey on this initiative and am excited to begin moving these bills through the legislative process.”
During the governor’s address she revealed she will push for enhanced legal protections for law enforcement and will support dependent scholarships for long-serving law enforcement families. There will also be a bill to strengthen existing law for impersonating a law enforcement officer.
“Fighting crime in our cities, streets and neighborhoods and allowing Alabamians to feel safe in their homes rank among our most important duties as lawmakers,” said Senate President Pro Tem Garlan Gudger. “At the same time, the men and women who wear a badge and patrol our cities must know that their elected leaders in Montgomery have their backs at all times, and I am confident that this package accomplishes all of those goals.”
The governor added that to crack down on inner city gun violence, there would be enhanced penalties for dangerous felons with guns. She is pushing to expand Aniah’s Law, boost the successful Metro Area Crime Suppression Unit she established for Montgomery, ban Glock switches, and enhance supervision of high-risk juveniles.
“I look forward to working with Gov. Ivey in providing our law enforcement officers all of the training and resources they need to conduct their job safely,” said Senate Minority Leader Bobby Singleton. “We need to do all we can to end this epidemic of senseless gun violence plaguing our communities, while also investing in our schools and mental healthcare systems.”
Safe Alabama Package:
Back the Blue Legal Protection Act:
Civil Liability Protections: This bill would repeal the existing peace-officer immunity law and replace it with expanded civil liability protections for law enforcement officers performing their official duties. Under this new protection, a law enforcement officer would be shielded from a lawsuit unless he or she was acting “recklessly without law enforcement justification” or he or she was violating a person’s clearly established rights.
Criminal Protections: A law enforcement officer would be immune from prosecution for on-the-job use of force unless his or her conduct violates a person’s constitutional rights against excessive force.
For both civil and criminal matters, the bill would establish procedures designed to halt legal proceedings while the officer seeks to establish the protections afforded under the new law.
Law Enforcement Dependent Scholarship:
This bill would establish the Alabama Law Enforcement Officers’ Family Scholarship Program, designed to boost recruitment and retention of law enforcement by providing financial assistance for college tuition and associated expenses to eligible dependents of long-serving law enforcement officers. It would apply to undergraduate programs at participating public technical schools, colleges and universities in Alabama.
Officer Impersonation Prevention Act:
This bill would broaden the existing crime of “impersonating a peace officer” to include individuals who accept employment as a peace officer while knowing they are ineligible to serve or knowing that their Alabama Peace Officers’ Standards and Training Commission certification has been revoked or suspended. Additionally, it would prohibit employers from hiring individuals they know are prohibited from serving as peace officers under the same circumstances.
Inner City Gun Violence Act:
Felons in possession of a firearm: This bill would expand the current “certain persons forbidden” law to include individuals with any prior felony conviction unless they have had their gun rights restored by pardon. It would also establish a new felony offense prohibiting a person from possessing a firearm while on bail awaiting trial for certain violent offenses, provided the person is first convicted of the violent offense.
Pretrial detention: This bill would expand Aniah’s Law to add the crimes of “certain persons forbidden” and “shooting into an occupied dwelling” to the list of crimes for which bail may be denied. It also would allow a judge to deny bail if the defendant is charged with “solicitation, attempt or conspiracy” to commit any offense for which bail may be denied. (In all cases, the prosecution must still prove that the defendant is a flight risk or threat to public safety.) This change would require a companion constitutional amendment to authorize the above additions.
Shooting into occupied dwellings: This bill increases the penalty for shooting into an occupied dwelling, vehicle or other designated space from a Class B felony to a Class A felony.
Parole/probation revocation: This bill would require the Board of Pardons and Paroles to revoke parole, or a court to revoke probation, when a parolee or probationer has been convicted of unlawful firearm possession. It would allow parole or probation to be revoked when the parolee or probationer is found in possession of a firearm by his or her parole or probation officer. Possession of a firearm by a parolee or probationer would no longer be subject only to a 45-day “dunk” in the county jail.
Aniah’s Law Enhancement Constitutional Amendment:
This would amend the constitution to align with the changes being made in the Inner City Gun Violence Act.
Metro Area Crime Suppression Budget Proposal:
Governor Ivey’s budget proposal would boost funding to the Metro Area Crime Suppression Unit to include $3 million in recurring appropriations supporting a permanent, 24-man crime suppression unit.
Glock Switch Ban:
Subject to certain exceptions, this bill would make it a Class C felony for a person to knowingly possess a “Glock Switch” – a part or combination of parts designed to convert a pistol into a fully automatic machine gun.
Juvenile Accountability and Monitoring Act:
Electronic Monitoring of High-Risk Juveniles: This bill would clarify that Alabama Board of Pardons and Paroles, or any other state agency, can provide electronic monitoring services to children released by a juvenile court pending disposition of their case.
Detention of Juvenile Status Offenders: This bill would repeal the 72-hour limitation on confinement of juvenile status offenders who have violated a valid court order.
The bills and resolution were introduced Wednesday, February 5.
