Ten more pre-filed bills to watch
Last week, Alabama Today looked ahead at the coming 2023 Alabama Regular Legislative Session. We looked at ten of the more interesting of the 36 bills that had been pre-filed at that time. Since then, 22 more bills have been pre-filed by legislators. As more bills have been pre-filed, we look at ten more bills that could become law this year. House Bill 34 was introduced by Rep. Tracy Estes (R-Winfield). HB34 would provide that it is unlawful to discharge a firearm on school property. Under existing law, it is already unlawful to discharge a firearm into an occupied or unoccupied school building. This bill would make a person who shoots or discharges a firearm into an occupied school bus or school building guilty of a Class B felony. A person who shoots or discharges a firearm into an unoccupied school bus or school building shall be guilty of a Class C felony. House Bill 40 was introduced by Rep. Jim Hill (R-Odenville). Under existing law, retired justices and judges may be called to active duty status and are compensated for their service. This bill would provide that retired justices and judges receive per diem, mileage, and be provided court-supportive personnel. This bill would require retired justices and judges to complete at least six hours of approved continuing legal education annually. House Bill 31 was sponsored by Rep. Artis “A.J. McCampbell (D-Livingston). Under existing law, a public K-12 school or school district determined to have poor performance is labeled by the State Superintendent of Education as failing to make adequate progress or as a failing school under the school grading system. Also, under existing law, the Alabama Accountability Act of 2013 provides financial assistance through an income tax credit to a parent who transfers a student from a failing public school to a nonfailing public school or nonpublic school of the parent’s choice. HB31 would change the designation of a failing school to a fully supported school and the designation of a nonfailing school to a non-fully supported school for the purposes of school grading and the Alabama Accountability Act of 2013 and would require the State Board of Education to reflect those changes in terminology when amending or adopting rules. House Bill 43 is sponsored by State Rep. Pebblin Warren (D-Tuskegee). Under existing law, a child six years of age on or before December 31 is entitled to admission to the first grade in public elementary schools, and a child five years of age on or before September 1 is entitled to admission to the local public-school kindergarten. HB43 would allow a child who becomes six years of age between September 1 and December 31 to be admitted to the first grade as long as they have completed kindergarten or otherwise demonstrates first-grade readiness. This mandatory kindergarten bill has passed the House of Representatives in the past two years but failed in the Senate. This bill would also allow a child under five years of age on September 1 to be admitted to public kindergarten under certain circumstances. House Bill 46 is sponsored by Rep. Allen Treadaway (R-Morris). This bill would permit any individual retired under the Employees’ Retirement System, who was classified as a law enforcement officer, to perform duties as a school resource officer without suspension of his or her retirement allowance. House Bill 36 was sponsored by Rep. Terri Collins (R-Decatur). Under existing law, the Solid Waste and Recyclable Materials Management Act regulates the disposal and recycling of solid waste and recyclable materials. This bill would define “advanced recycling” as a manufacturing process to convert post-use materials such as plastics into recycled products. This bill would specify that advanced recycling at an advanced recycling facility would not be considered solid waste disposal or incineration under the solid waste act. Term in the definition of solid waste. This bill would also define “mill scale and slag” and include the term in the definition of solid waste. House Bill 38 was also sponsored by Rep. Hill. Under existing law, a judge must sentence an offender convicted of a nonviolent offense pursuant to the presumptive sentencing standards. This bill will allow a judge to deviate from the presumptive sentencing guidelines if a defendant is convicted after requesting a trial. House Bill 28 is sponsored by Rep. Chris England (D-Tuscaloosa). Under existing law, persons with a lawful pistol permit may possess their gun on school property. This bill would remove this exemption so that even a person with a concealed carry permit may not carry a gun on school grounds. House Bill 45 is sponsored by Rep. Jeremy Gray (D-Opelika). This bill would create the Sudden Cardiac Arrest Prevention Act. It would require the State Board of Education to adopt certain guidelines to inform and educate student-athletes, parents, and coaches about the signs and symptoms of sudden cardiac arrest. This bill would require each student-athlete and his or her parent or guardian to provide written acknowledgment of receipt of information about sudden cardiac arrest before the student may participate in any athletic activity. HB45 would require a student who passes out, faints, or exhibits symptoms of sudden cardiac arrest to be pulled from the athletic activity and would prohibit the student from returning to the athletic activity until an appropriate medical professional provides written clearance for their return. This bill would require each coach of an athletic activity to receive annual training relating to sudden cardiac arrest and would provide that a coach may be suspended if he or she does not complete the necessary training or if he or she fails to pull a student from an athletic activity for fainting or exhibiting symptoms of sudden cardiac arrest. This bill would protect a coach from liability related to a student who exhibits symptoms of sudden cardiac arrest unless the coach is reckless or grossly negligent. House Bill 25 was introduced by Rep. Parker Moore (R-Decatur). Under existing law, when an offender has previously been convicted of any three or more felonies or has been previously convicted of two or more Class A or Class B felonies and subsequently commits a Class D felony, he or she is sentenced as if he or
Nathaniel Ledbetter announces third round of committee chairmanships
State Rep. Nathaniel Ledbetter announced his third round of intended committee chair appointments on Wednesday. Ledbetter was chosen to be the next Speaker of the House in November by the Alabama House Republican Caucus – which holds a commanding supermajority in the Alabama House of Representatives. The Republicans hold a 77 to 28 supermajority in the Alabama House of Representatives, so the selection of the House Republican Caucus will almost certainly be elected as the next Speaker of the House when the Legislature meets for its organizational session in January. Ledbetter has appointed Rep. Ginny Shaver as Chair of the Children and Senior Advocacy Committee. Ledbetter also appointed Rep. Chris Blackshear to chair the Financial Services Committee. Rep. Matt Simpson was appointed to chair the House Ethics and Campaign Finance Committee. Simpson is an attorney and former prosecutor. Rep. David Standridge will chair the Rural and Urban Development Committee. Standridge is the longtime chair of the House Rural Caucus. Rep. Corley Ellis was appointed to chair the House Insurance Committee. State Rep. Chris Sells will serve as the chairman of the State Government Committee. State Rep. Andy Whitt will be the chairman of the Economic Development and Tourism Committee. State Rep. Allen Treadaway will continue to chair the Public Safety and Homeland Security Committee. Treadaway is a retired Birmingham City assistant police chief. “These appointments represent a mix of veteran chairs with valuable experience and newly appointed members of the leadership team with fresh perspectives,” Ledbetter said. “All of them have the knowledge and skills necessary to lead their committees and ensure that bills and measures are well vetted before reaching the House floor.” All of Ledbetter’s appointments will formally go into effect once he is elevated to Speaker once the full body is in session for the organizational session. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Jefferson County Republicans urge voters to elect Jared Hudson as Sheriff
The Jefferson County Republican Party held a rally on Sunday in Gardendale to urge voters to come out and vote for Republican nominee Jared Hudson for Sheriff of Jefferson County. Hudson is challenging Democratic incumbent Mark Pettway in Tuesday’s general election. Jefferson County Republican Party Chairman former State Rep. Paul DeMarco of Homewood praised Hudson. “He is going to put public safety first,” DeMarco said. “He is going to put victims first. He is not going to put politics first.” Hudson said that Jefferson County is experiencing higher than the national average violent crime as well as higher than the national average rates of property crime. “We have two choices: one, leave Jefferson County, or two, we stand up, lock down, and fight for Jefferson County,” Hudson said. Hudson is a veteran who served as a U.S. Navy SEAL Operator who was deployed multiple times to a variety of combat zones in support of Operation Iraqi Freedom, Operation Enduring Freedom, Operation Foal Eagle, and other critical missions. He has received multiple Navy, Marine Corps, and Army commendation medals for valor and multiple Navy, Marine Corps, and Army achievement medals. Since 2013, Hudson served as a law enforcement officer, acting as a deputy for the Shelby County Sheriff’s Office, serving as a Reserve Deputy for the Jefferson County Sheriff’s Office, supporting special operations units, and working as an Investigator for the Johnson County Prosecutor’s Office. Hudson is an Alabama Peace Officer Standard Training Commission (APOSTC) certified Law Enforcement Agent and a certified National Wildlife Control Operator Administration Level 1, 2, and 3 Sharpshooter, in addition to holding other advanced law enforcement certifications. Hudson is the CEO of The Shooting Institute, which he owns and founded. Through The Shooting Institute, Hudson has personally trained local law enforcement, military personnel, and civilians in self-defense. Hudson has a Master of Business Administration degree from Liberty University. Hudson said, “Frederick Douglas said that there are three and only three ways, to reform our government: the voting box, the jury box, and the cartridge/ammo box.” “We are brothers and sisters in Christ,” Hudson continued. “I ask that you accept Jesus Christ as your savior. That is what we need in this county, in this state, and this nation.” “I feel called by God to do this,” Hudson said. “I have a wife and three daughters, and this is our home. If you don’t get out and vote, your kids will be left with the cartridge box, and I have fought wars all over the globe, and you don’t want that for your kids. I don’t want that for my kids. We will change this county for the better and make it a far better county, not just for my family but your family as well,” Hudson said. “We are going to take back the Sheriff’s office,” DeMarco said. “You are the backbone of the party because you are here and you care,” said Alabama Republican Party Chairman John Wahl. “Bad policies have real-world prices. Look at gas prices. Look at the rising cost of living.” State Rep. Allen Treadaway said, “Democrats’ policies have been to defund the police and so demonize law enforcement, making it impossible to recruit and retain officers.” Treadaway said that the Jefferson County Sheriff’s office is down 300 officers from four years earlier. “We have got to win this election on Tuesday,” DeMarco said. Pettway has served as a law enforcement officer for over 27 years. In 2018, he became the first African-American elected as Sheriff of Jefferson County. He earned a bachelor’s degree in Business Administration from Faulkner University. To connect with the author of this story, or to comment, email brandonmreporter@gmail.com.
Major issues to be decided in session’s final days
Alabama lawmakers return to Montgomery on Tuesday with a number of large issues to be decided in the closing days of the legislative session. Legislators expect to conclude the session next week. Here’s a look at some of the proposals that could be decided in the session’s final days. TEACHER PAY RAISES Lawmakers are expected to give final approval to the largest pay raise in a generation for teachers with nine or more years experience. The Senate approved the raises as part of next year’s education trust fund budget. The House of Representatives must decide whether to accept Senate changes, but House leaders have expressed support for the raises. The raise would be based on the teacher’s experience. A teacher with a bachelor’s degree and 20 years of experience would see their minimum salary rise from $51,810 to $57,214. School systems in Alabama and across the country have reported concerns about teacher shortages, particularly as the coronavirus pandemic accelerated a wave of retirements. That has led states to look at pay increases and other measures to try to recruit and retain educators. READING PROMOTION REQUIREMENT The House of Representatives on Tuesday will debate a proposal to postpone a high-stakes requirement to hold back third-graders who don’t read on grade level. The requirement of the 2019 Alabama Literacy Act is now scheduled to start this spring but would be pushed back until the 2023-2024 school year under the proposal. Many lawmakers expressed concern after the pandemic interrupted classrooms for two years. There is broad support for a delay, although lawmakers have disagreed on how long that delay should be. To move on to fourth grade, students would have to make above a “cut score” on standardized testing or demonstrate mastery of reading standards through a reading portfolio. State officials earlier this year said 23% of students scored below the set cutoff score on the latest assessment. DIVISIVE CONCEPTS The bill by Republican Rep. Ed Oliver of Dadeville would prohibit a list of “divisive concepts” from being taught in schools and in diversity training for state entities. The banned concepts would include that the United States is “inherently racist or sexist” and that anyone should be asked to accept “a sense of guilt” or a need to work harder because of their race or gender. The Alabama House of Representatives approved the bill after an emotional night of debate. The House-passed bill is awaiting committee action in the Alabama Senate. The list in the bill is similar to a now-repealed executive order that former President Donald Trump issued regarding training for federal employees. Similar language has since popped up in bills in more than a dozen states. TRANS TREATMENT BAN The Alabama Senate has approved a measure by Republican Sen. Shay Shelnutt of Trussville to make it a felony, punishable by up to 10 years in prison, for doctors to give transgender minors puberty-blockers, hormones, or surgeries to help affirm their gender identity. Proponents of the bill said the decisions on the medications should wait until a person is an adult. Opponents say lawmakers are inserting themselves into decisions that belong with families and their doctors. The Senate-passed bill, along with similar legislation by Republican Rep. Wes Allen of Troy, is pending in the Alabama House of Representatives. The U.S. Department of Justice last week sent a letter to state attorneys general warning that laws and policies that prevent individuals from receiving gender-affirming medical care might be an infringement on a person’s constitutional rights. REDEFINING RIOT The Alabama House of Representatives approved a bill that would create a new crime of assault of a first-responder and change the definition of a riot in state law. The bill defines a riot as “the assemblage of five or more persons engaging in conduct which creates an immediate danger of and/or results in damage to property or injury to persons.” The legislation is pending in the Senate committee. Rep. Allen Treadaway, a retired Birmingham assistant police chief, proposed the bill after a protest turned violent in Birmingham in the wake of George Floyd’s killing by police in Minneapolis. Opposed lawmakers say the definition of a riot is subjective, and an officer could make arrests based on his or her presumptions about the people involved. Republished with the permission of the Associated Press.
Alabama House approves controversial anti-riot legislation
The Alabama House of Representatives approved legislation Tuesday that would create a new definition of a riot and provide tougher penalties for people who participate in one. Republicans supporting the bill said it is needed to quell violent protests that have caused injuries and property damage. But critics argued that it would have a chilling effect on protests and that a loose definition of rioting could allow an officer to make arrests based on presumptions — and prejudices — about the people involved. Legislators voted 75-27 for the bill that now moves to the Alabama Senate. Rep. Allen Treadaway, a retired Birmingham assistant police chief, proposed the bill after a summer protest turned violent in Birmingham in the wake of George Floyd’s killing by police in Minneapolis. “What I observed then was very disturbing to many of us who watched these protests across the country play out. What I saw was individuals coming into these cities, planting incendiary devices, gasoline, sledgehammers, and bricks,” said Treadaway, a Republican from Morris. The bill, as approved by the House, defines a riot as “the assemblage of five or more persons engaging in conduct which creates an immediate danger of and/or results in damage to property or injury to persons.” Attending such a gathering after an order from police to disperse would be a misdemeanor punishable by a mandatory 30 days in jail. Several lawmakers who are Black expressed concern that the bill’s definition of a riot is subjective. They said an officer could make arrests based on his or her presumptions about the people involved. “The definition doesn’t require you to do anything. The perception of the person is in the eye of the beholder,” said Rep. Chris England, a Democrat from Tuscaloosa. Rep. A.J. McCampbell, a Democratic lawmaker from Gallion, said a police officer could look at a group of young Black men and “subjectively say they are looking like they are going to cause a riot.” McCampbell, a former police officer, referenced instances both past and recent where Black people were treated differently by police. He wore a shirt with a photo of civil rights protesters being attacked by police in 1965 in Selma. He described a recent video from New Jersey that showed a Black teen being handcuffed after a mall fight with a white youth, who was directed to sit down on a couch. “And you tell me I don’t have reason to be worried about a riot bill. Laws, if they are applied justly and equitably, are the best thing that we can have. But when you are born Black, that equality fails to be something that you can expect,” McCampbell said. Republished with the permission of the Associated Press.
Alabama House delays vote on riot legislation
The Alabama House of Representatives on Wednesday night delayed a vote on legislation that would create a new definition of riot and increase the penalties for participating in one. Republican Rep. Allen Treadaway, noting the late hour and the number of lawmakers who wanted to speak on the bill, asked to carry the bill over to the call of the chair. It was not immediately clear when it would be back for a vote. The measure is expected to spark a filibuster by House Democrats. Republicans supporting the bill said it is needed to combat violent protests that cause injuries and property damage. But critics argued it would have a chilling effect on protests and that the definition of riot could allow an officer to make arrests based on presumptions, and prejudices, about the people involved. The bill, as amended by the House Judiciary Committee, defines a riot as, “the assemblage of five or more persons engaging in conduct which creates an immediate danger of and/or results in damage to property or injury to persons.” Attending such a gathering after an order from police to disperse would be a misdemeanor punishable by a mandatory 30 days in jail. Treadaway, a retired Birmingham assistant police chief, proposed the bill after a summer protest in Birmingham in the wake of George Floyd’s death in Minneapolis. The protest turned destructive. “Buildings were burning. Stores were being looted,” Treadaway, a Republican from Morris, told the committee last week. During the committee vote last week, several lawmakers who are Black expressed concern that the bill’s definition of a riot is subjective. Rep. Merika Coleman said her 21-year-old son, a college student and football player, is “one of the sweetest people you will ever meet.” But she said some people make assumptions when they see a group of young Black men. “They make an assumption about who they are, and they make an assumption about what they are about to do,” said Coleman, a Democrat from Pleasant Grove. A federal judge blocked a similar Florida statute from taking effect. The American Civil Liberties Union of Alabama has said it would seek a similar injunction in that state if the bill were to become law. Republished with the permission of the Associated Press.
Alabama riot bill heads under criticism toward a House vote
A divided committee on Wednesday advanced legislation that would mandate jail time for participating in a riot which the bill defines as a gathering that creates a danger of injuries and property damage Republicans supporting the bill said it is needed to combat violent protests that cause injuries and property damage. But critics said the legislation’s definition of riot is vague and would allow an officer to make arrests based on presumptions about the people in the demonstration. The House Judiciary approved the bill on a 10-4 vote. It now moves to the Alabama House of Representatives. Republican Rep. Allen Treadaway, a retired Birmingham assistant police chief, proposed the bill after a summer protest in Birmingham in the wake of George Floyd’s death in Minneapolis. The protest turned destructive and led to multiple businesses being burned and damaged. “Buildings were burning. Stores were being looted. Pawnshops were being looted for weapons,” Treadaway, a Republican from Morris, told the committee. The former assistant police chief said he believed the local chapter of Black Lives Matter had planned a peaceful protest, but that it was “hijacked” by organized people who wanted violence. Several lawmakers who are Black expressed concern that the bill’s definition of a riot is subjective. They said an officer could make arrests based on his or her presumptions about the people involved. The bill, after it was amended by the committee, defines riot as, “the assemblage of five or more persons engaging in conduct which creates an immediate danger of and/or results in damage to property or injury to persons.” Attending such a gathering after an order from police to disperse would be a misdemeanor punishable by a mandatory 30 days in jail. The bill also would require a mandatory 24-hour hold without bail for anyone who is arrested for rioting. Rep. Merika Coleman, said her 21-year-old son, a college student and football player, is “one of the sweetest people you will ever meet.” But she said some people make assumptions when they see a group of young Black men. “They make an assumption about who they are, and they make an assumption about what they are about to do,” said Coleman, a Democrat from Pleasant Grove. “How do we make sure bad actors don’t use this provision in the law disproportionately against communities of color who they make an assumption are thugs, criminals because of their perception of what a thug and criminal looks like.” Rep. Chris England said the proposal allows a law enforcement officer to make arrests based on presumptions. “It appears to me the definition of riot and legitimate political discourse appears to be who is participating,” England said, adding that some people get the benefit of the doubt while others carry a presumption. “People who look like me carry presumption. People who don’t look like me carry the benefit of the doubt,” England, a Democrat from Tuscaloosa, said. Treadaway responded that he didn’t think they could reach a “perfect definition” but “you have to put trust in the law enforcement officers and in the court system.” “It was pretty clear to law enforcement what happened in Birmingham was rioters, looters, and criminals,” Treadaway said. A federal judge blocked a similar Florida statute from taking effect. The American Civil Liberties Union of Alabama has said it would seek a similar injunction in Alabama if the bill were to become law. Republished with the permission of the Associated Press.
Protest bill approved, even with objections
Alabama lawmakers approved a bill — filed after the tumultuous summer protests — to stiffen penalties for participating in riots and traffic-blocking demonstrations. The approval came over the objections of Black lawmakers who said they feared it would be used to jail and intimidate demonstrators. The GOP-dominated House of Representatives voted 74-25 for the bill, sending it to the Alabama Senate. The bill’s sponsor said the legislation is needed to crack down on violent behavior, but advocacy groups and Black lawmakers have raised concerns about the vagueness of what could be considered a riot. The approval followed an emotional debate in which speakers recalled America’s storied history of social movements as well as the recent police shootings that ignited widespread protests. Republican Rep. Allen Treadaway, a retired Birmingham assistant police chief, proposed the bill after a summer protest in Birmingham in the wake of George Floyd’s death in Minneapolis. That particular protest turned destructive and led to multiple businesses being burned and damaged. “As we watched across the country this past summer, a lot of the cities burned, and officers were assaulted and even protestors injured and hurt. That came to Birmingham, came to several of our cities in Alabama,” Treadaway said. The bill would change the definition of a riot and define new crimes of assault against a first responder, aggravated riot, and traffic interference. It would allow police to hold arrested individuals in jail for 24 hours without bond. Treadaway said the bill is aimed only at people “hell-bent” on doing damage. Democrats expressed concern about that the stiff penalties are aimed at silencing dissent. “People use their First Amendment right to talk about how they were wronged, how other groups of people were wronged, and to change those wrongs into rights. That’s who we are as a country,” said Rep. Merika Coleman, D-Pleasant Grove. Alabama law currently defines participating in a riot as wrongfully engaging “in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of public terror or alarm.” The approved bill defines a riot as “the assemblage of five or more persons resulting in conduct creating an immediate danger of damage to property or injury to persons.” Republicans voted to cut off a Democratic filibuster on the bill and force a vote. A Democratic bill that would create a database of police shootings has stalled in the Alabama Legislature. Another to require the keeping of racial data on traffic stops has never reached final passage. Floyd’s death in Minneapolis set off a wave of sometimes-violent protests across the country. The Black man was pronounced dead after a police officer pressed his knee against his neck for about nine minutes. The incident was widely seen after being captured by bystander video. “We watched someone get murdered on TV, and we can’t get even get an audience for a bill where we all acknowledge there is a problem with policing,” said Rep. Chris England, a former prosecutor who heads the Alabama Democratic Party. Republished with the permission of the Associated Press.
House committee advances protest bill after changes
Alabama lawmakers on Tuesday advanced a revised bill that would stiffen penalties for participating in a riot or demonstrations that block traffic, a proposal that drew criticism for its broad definition of what could be considered a riot. The bill’s sponsor said the measures are needed to crack down on violent behavior, but advocacy groups and Black lawmakers have raised concerns that the legislation could be used to silence peaceful demonstrators. The House Judiciary Committee approved the bill on a 9-3 vote that was split along party lines with Republicans voting for the bill and Democratic representatives against it. The bill now moves to the House floor. Republican Rep. Allen Treadaway, a retired Birmingham assistant police chief, proposed the bill after a summer protest in Birmingham in the wake of George Floyd’s death turned destructive and led to multiple businesses being burned and damaged. “It’s about protecting lives,” Treadaway said. “We’re talking when you start burning buildings, you start looting stores and assaulting police officers, these new laws kick in.” Shay Farley, interim deputy policy officer for the southeast with Southern Poverty Law Center Action Fund, said this bill is “clearly designed to instill fear in would-be protesters and silence dissent.” “This is a threat to all who engage in peaceful protest, whether they march for a conservative cause, a liberal action, or something in between,” Farley said in a statement. “History has shown us that the First Amendment protects the right to make people uncomfortable.” The revised proposal would change the definition of a riot and define new crimes of assault against a first responder, aggravated riot, and traffic interference. It would allow police to hold offenders for 24 hours without bond. Alabama law currently defines participating in a riot as wrongfully engaging “in tumultuous and violent conduct and thereby intentionally or recklessly causes or creates a grave risk of public terror or alarm.” The approved bill defines a riot as “the assemblage of five or more persons resulting in conduct creating an immediate danger of damage to property or injury to persons.” Treadaway’s original proposal would also have included substantially obstructing law enforcement or other government function within the definition of riot, but that was dropped during negotiations. The approval followed an emotional public hearing last week where speakers recalled Alabama’s history of using force against civil rights demonstrators and recent arrests during protests against police use of force. Rep. Chris England, a former prosecutor who heads the Alabama Democratic Party, said he appreciated the compromises Treadaway made on the bill but still had concerns and wanted to see additional work on the bill. Rep. Merika Coleman, D-Pleasant Grove, noted that the state just marked the 56th anniversary of Bloody Sunday where state troopers beat voting rights demonstrators who were marching on Selma’s Edmund Pettus Bridge. Coleman said the actions of those demonstrators in 1965, which included being in a public roadway, paved the way for freedoms enjoyed by people today. Republished with the permission of the Associated Press.
Alabama protest bill draws criticism, gets delayed
Alabama lawmakers on Tuesday delayed action on an anti-riot bill that would stiffen penalties for participating in “tumultuous” protests that pose a threat, a proposal minority lawmakers and opponents said would be used to silence Black demonstrators. The House Judiciary Committee sent the bill to a subcommittee after Black lawmakers raised concerns about the bill’s vague definition of what could be considered a riot. They recalled Alabama’s history of using police dogs, fire hoses, and arrests to break up civil rights protests. Rep. Merika Coleman, D-Pleasant Grove, told her fellow committee members that no one supports looting or violence but said this proposal could be used as “a tool to keep people from peacefully protesting.” “All of us in here who come from communities of color, especially in Alabama — Black folks — know this bill will be used primarily against our folks. We already know it,” Coleman said. Republican Rep. Allen Treadaway, a retired Birmingham assistant police chief, proposed the bill after a summer protest in Birmingham — in the wake of George Floyd’s death in Minneapolis — turned destructive and led to multiple businesses being damaged. “Folks are coming into the cities hellbent on destruction,” Treadaway said. “We are taking a strong position toward the lawbreakers. Those that are looting … trying to burn the city down in this case.” The bill would hand down minimum 30-day jail sentences for participating in what the bill defines as a riot. The crime of aggravated riot, when substantial injury or damage is done, would be a felony. The bill defines a riot as “a tumultuous disturbance in a public place or penal institution by five or more persons assembled together and acting with a common intent which creates a grave danger of substantial damage to public, private, or other property or serious bodily injury to one or more persons, or substantially obstructs a law enforcement or other government function.” Rep. Chris England, a former prosecutor who heads the Alabama Democratic Party, said the new definition of riot is vague and could lead to people being arrested for merely saying something an officer finds objectionable. “This definition of a riot becomes I don’t like what you just said, so I’m taking you and all your friends into custody— peaceful or not. You don’t have to do anything overt to violate this definition. It’s all about the (officer’s) perspective into what they think you are saying or what your intent is,” England said. England told Treadaway said there also a need for a “critical conversation about the lack of relationship between law enforcement and communities of color.” “Nobody wants to see looting, a window blown out, and police officers attacked and hurt. Nobody wants to see that. And also, everybody understands how difficult it is to be a law enforcement officer. But also, I want to tell you how difficult it is at times to be a Black American in this country,” England said. Opponents of the bill said it harkened back to the days of Alabama police officers trying to silence civil rights protesters. “I’m a child of the 60s. This bill took me back to Bull Connor. …I could see the dogs that he sicced on my brother who got arrested three times. I could see those hoses,” said Rep. Mary Moore, who participated as a teen in the 1963 children’s march in Birmingham. Connor was the city’s public safety commissioner who directed officers to use force to halt the demonstration. Police dogs and fire hoses were turned on youths taking part in the protest. Republished with the permission of the Associated Press.
Lawmaker seeks harsher penalties for riots, defunding police
An Alabama lawmaker wants to stiffen penalties for participating in a riot–including making it a felony in some cases — a proposal that drew sharp criticisms from some lawmakers who said it was an overreaction to historic protests. Republican Rep. Allen Treadaway, a retired Birmingham assistant police chief, on Wednesday introduced the bill that would stiffen penalties for participating in a riot that turned violent or destructive. Treadaway said he began drafting the bill after a summer protest in Birmingham — in the wake of George Floyd’s death in Minneapolis — turned destructive and led to multiple businesses being damaged. “This summer what I saw was so alarming,” Treadaway, R-Morris said. “That situation was hijacked. People could have died. Police officers were attacked,” Treadaway said he is not talking about peaceful protests but said law enforcement needs additional tools to deter people “who are hell-bent on destruction.” Under the bill, a person arrested for participating in a riot, blocking traffic during a protest, or assaulting a first responder would have to wait 48 hours in jail before being eligible for bail. Treadaway said that is to give time to defuse the situation. The bill would create the new felony crime of aggravated riot for knowingly participating in a riot that causes property damage or harm to a person. A person convicted of the crime, which would be a class C felony, would face a mandatory minimum sentence of six months in prison. The bill would also create the crime of assault against a first responder, making it a felony to injure a first responder during a riot or to spit or throw bodily fluids on a first responder. Repeat offenses of obstructing traffic with sit-ins and marches would also become a felony. It would also prohibit giving state money to local governments that defund their police department. The bill drew sharp criticism from some Black lawmakers “What this bill is trying to simply do is shut folks’ mouths,” Sen. Rodger Smitherman, D-Birmingham, said. “Black Lives Matter protesting out in the street, they want to snatch them up, throw them in a paddy wagon, charge them, keep them 48 hours before they can go before the judge and then find them guilty,” Smitherman said. Rep. Chris England, who also chairs the Alabama Democratic Party, said violence and property damage should be condemned in the strongest terms, but he said there is frustration that the underlying issues that led to the protests have not been given any consideration. Floyd died after a police officer put his knee on his neck for several minutes. “We want the same sort of condemnation that we all give to violence and rioting to some of the underlying issues,” England, D-Tuscaloosa, said. Republished with the permission of the Associated Press.
Patrick Smith takes command as Birmingham’s new police chief
Patrick Smith took office June 25 as Birmingham’s new police chief, and among his belongings is an envelope he’s carried since the start of his law enforcement career 28 years ago. When Smith joined the Los Angeles Police Department in 1990, his mother gave him a sheet of paper and asked him to write his goal for the future. He wrote four words: “Chief of Police, Birmingham.” “I kept that piece of paper in an envelope for the duration of my career,” Smith said in a recent interview with the Birmingham Times. “When I received the call from (Mayor Randall Woodfin about) becoming chief of police in Birmingham, it was a very emotional moment because I pointed to the heavens and said, ‘I told you, Mom, we could do it.’” Smith’s mother, Dorothy, died seven years ago, but she would be proud of her son — a veteran LAPD administrator who is now police chief for Alabama’s largest city. After a five-month search, Woodfin announced June 4 that Smith would serve as chief of the Birmingham Police Department. Smith, 54, a Tuscaloosa native, is taking over during a time when homicides and some violent crimes have increased in Birmingham, and residents and city leaders want something done. “I love the city, but I would like for there to be better police protection when stuff goes on,” said Prude Fuller, president of the Airport Highlands Neighborhood Association. “I think that’s very important because there’s too much crime … in the city in general.” Smith has heard from residents and read up on Birmingham, and he is aware that crime stats will be watched closely during his tenure. He doesn’t want anyone to expect an overnight fix, though. Top priority “The biggest thing I see for the BPD is hiring, recruitment and retention,” Smith said. We can’t do anything until we … get the right people on the job. Currently, we have more than 100 vacancies. That affects the number of people who are out on patrol, who are addressing calls. We need to address the basic services (such as 911 calls) before we do everything else. That’s going to be one of my primary focuses because (we need to have the right) people to address crime.” Smith knows he must also get out among the residents in Birmingham’s 99 neighborhoods and 23 communities. Birmingham City Council President Valerie Abbott said, “I would advise (Smith) to meet with the (23) communities and hear what they have to say. “(All) 99 neighborhoods would be too many to meet with, but the people who actually live in the neighborhoods know what the problems are.” That’s part of his mission, Smith said: “I plan to learn the 23 communities and 99 neighborhoods within the city because each one has to have a different formula for what will work. Law enforcement is not one-size-fits-all. I’m not coming into Birmingham thinking I know everything about the city and everything that’s going on.” Alabama native “Growing up the youngest of 13 was a very interesting experience,” he said. “You learn different roles. You learn to be a negotiator. You learn to be a collaborator. You learn to work with your family as a team. You learn how to resolve problems. I think all of those are important and effective tools in law enforcement.”Smith was born and raised in Tuscaloosa and attended Central High School. He is the youngest of 13 siblings, which in some ways helped prepare him for his career. He remembers watching cop shows when he was younger, including “The Mod Squad” with the supercool Clarence Williams III as Lincoln “Linc” Hayes, described by Smith as a “very dynamic character.” “Just the fact that they were working kind of a quasi-undercover assignment, I found that interesting,” Smith said of the TV crime drama that aired from 1968 to 1973. Family ties Smith’s upbringing — with his mother, Dorothy, a Head Start teacher, and his father, Jasper, a longtime worker at Tuscaloosa’s Central Foundry — has always been his strongest influence. His parents “were both down-to-earth, genuine people,” Smith said. “They kept a close-knit family. In fact, my family still has dinner together every Sunday after church. When my mother passed away, we were able to track her membership at our family church back 53 years. Just coming back here and being able to return to (First African Baptist Church in Tuscaloosa), which my mother … and entire family attended for many, many years, is a blessing within itself.” Smith’s law enforcement career came into focus when he joined the military. He served seven years in the U.S. Marine Corps, completing his basic training at Parris Island, S.C. And he made stops at Camp Pendleton in California, as well as in Okinawa, Japan; Fuji, Japan; and the Philippines. “One of the things I did while traveling extensively was learn different cultures, different people, and different environments … just learn about people,” Smith said. “I think it has been extremely important because (it taught me) to respect different cultures and different people, how they were brought up, and the things that are important to them.” How does that apply to the duties of a police officer? “I can take someone to jail, but I don’t have to disrespect them as a person,” he said. “I can bring them in for what they’ve done, and they can be held accountable through the criminal justice system. But as an individual officer, as an individual person, it’s always important to treat (people) with dignity and respect regardless of what they’ve done.” LAPD In Los Angeles, Smith worked his way up through the ranks, starting as a patrol officer, then becoming a police field-training officer and instructor, sergeant, lieutenant and captain. Most recently, since 2015, he served as a police commander. Transitioning from a large city like Los Angeles to a smaller one like Birmingham can be a culture shock. LA has a population of nearly four million, and the LAPD has approximately 9,000 sworn officers and 3,000 civilian employees. Birmingham has
