HB143 By Representative Hill (M) RFD Judiciary Rd 1 05-MAR-15

SYNOPSIS: Existing law provides immunity from tort liability for peace officers for conduct while performing in the line and scope of official law enforcement duties.

This bill would extend immunity to each firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit; to provide medical services, contingency planning, and operational weapon support.

A BILL TO BE ENTITLED AN ACT

Relating to immunity from tort liability for state and local peace officers of this state; to amend Section 6-5-338 of the Code of Alabama 1975, to extend immunity to each firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit; to provide medical services, contingency planning, and operational weapon support.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 6-5-338 of the Code of Alabama 1975, is amended to read as follows:

§6-5-338.

"(a) For the purpose of this section, the following words shall have the following meanings:

"(1) PEACE OFFICER. Any person, excluding a constable, employed or appointed pursuant to the constitution or laws of this state, whether appointed or employed as a peace officer by the state or a county or municipality of the state, or by an agency or institution, corporate or otherwise, created pursuant to the constitution or laws of this state and authorized by the constitution or laws to appoint or employe peace officers whose duties as prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, and who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violation of, the criminal laws of this state.

"(2) TACTICAL MEDIC. A firefighter paramedic or firefighter emergency medical technician licensed by the State of Alabama and employed by the state or a county or municipality within the state, operating on-duty in direct support of a tactical law enforcement unit to provide medical services.

"(a) Every peace officer, except constables, who is employed or appointed pursuant to the Constitution or statutes of this state, whether appointed or employed as such peace officer by the state or a county or municipality thereof, or by an agency or institution, corporate or otherwise, created pursuant to the Constitution or laws of this state and authorized by the Constitution or laws to appoint or employ police officers or other peace officers, and whose duties prescribed by law, or by the lawful terms of their employment or appointment, include the enforcement of, or the investigation and reporting of violations of, the criminal laws of this state, and who is empowered by the laws of this state to execute warrants, to arrest and to take into custody persons who violate, or who are lawfully charged by warrant, indictment, or other lawful process, with violations of, the criminal laws of this state,

"(b) Every tactical medic and peace officer shall at all times be deemed to be officers of this state, and as such shall have immunity from tort liability arising out of his or her conduct in performance of any discretionary function within the line and scope of his or her law enforcement duties.

"(b) (c) This section is intended to extend immunity only to tactical medic and peace officers and governmental units or agencies authorized to appoint peace officers. No immunity is extended hereby to any private non-governmental person or entity, including any private employer of a firefighter paramedic or firefighter emergency medical technician or peace officer during that officer's off-duty hours.

"(c) (d) Every private, non-governmental person or entity who employs a peace officer during that officer's "off-duty" hours to perform any type of security work or to work while in the uniform of a peace officer shall have in force at least $100,000 of liability insurance, which insurance must shall indemnify for acts the "off-duty" peace officer takes within the line and scope of the private employment. The failure to have in force the insurance herein required shall make every individual employer, every general partner of a partnership employer, every member of an unincorporated association employer, and every officer of a corporate employer individually liable for all acts taken by an "off-duty" tactical medic or peace officer within the line and scope of the private employment."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Civil Procedure

Law Enforcement

Immunity

Torts

Tactical Medic

Code Amended