Ivey Signs “Back the Blue Act”
HB202 provides increased immunity to law enforcement from civil, criminal immunity
Alabama Act 2025-423, the “Back the Blue Act,” was signed into law by Governor Kay Ivey on May 15, 2025. This legislation, which passed through the Legislature as HB202, significantly expands legal protections for law enforcement officers in Alabama, providing them with enhanced civil and criminal immunity under specific conditions.
Governor Ivey expressed strong support for the legislation, stating, “With HB202 signed into law, I am proud Alabama is now the most pro-law enforcement state in the country.”
Key Provisions of HB202 include:
- Expanded Immunity Standards: Law enforcement officers are granted immunity from civil lawsuits and criminal prosecution for actions performed within their discretionary authority, unless their conduct is found to be reckless without law enforcement justification or violates clearly established constitutional rights.
- Pretrial Immunity Hearings: Officers are entitled to a pretrial hearing to determine the applicability of immunity. During this period, any criminal prosecution is automatically stayed until the court resolves the immunity question.
- Stricter Civil Complaint Requirements: Individuals filing civil lawsuits against officers must specify the legal authority underpinning their claims and provide detailed factual allegations. Additionally, discovery processes are stayed unless the court determines that the motion to dismiss is frivolous or that discovery is necessary to prevent undue prejudice or injustice.
- Mandamus Relief: Officers can seek immediate appellate review through mandamus relief from the Alabama Supreme Court if a trial court denies their claim of immunity.
- Use-of-Force Data Collection: The law mandates that law enforcement agencies collect and report data on use-of-force complaints, aiming to enhance transparency and accountability.
- Effective Date: The provisions of the law apply to conduct occurring on or after October 1, 2025.
HB202 faced significant opposition from Democratic lawmakers and civil rights advocates. Critics argued that the enhanced immunity provisions could shield officers from accountability and exacerbate existing issues of police misconduct, particularly affecting minority communities.
HB202 takes effect October 1, 2025. The full text of the bill is HERE.
