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SB20 INTRODUCED
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SB20
L5QTZYY-1
By Senator Elliott
RFD: Judiciary
First Read: 13-Jan-26
PFD: 16-Sep-25
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L5QTZYY-1 09/10/2025 THR (L)THR 2025-2656
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PFD: 16-Sep-25
SYNOPSIS:
Under existing law, a person commits the crime
of assault in the third degree if he or she, with
intent to cause physical injury to another individual,
causes physical injury to another individual.
This bill would provide that a person commits
the crime of assault in the second degree if he or she,
with intent to cause physical injury to a current or
former local, state, or federal public official, he or
she causes physical injury to another individual.
This bill would provide penalties for
violations.
This bill would also make nonsubstantive,
technical revisions to update the existing code
language to current style.
A BILL
TO BE ENTITLED
AN ACT
Relating to crimes and offenses; to amend Section
13A-6-21, Code of Alabama 1975; to further provide for the
offense of assault in the second degree; to provide penalties
for violations; and to make nonsubstantive, technical
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for violations; and to make nonsubstantive, technical
revisions to update the existing code language to current
style.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 13A-6-21, Code of Alabama 1975, is
amended to read as follows:
"§13A-6-21
(a) A person commits the crime of assault in the second
degree if the person does any of the following:
(1) With intent to cause serious physical injury to
another person individual , he or she causes serious physical
injury to any person individual .
(2) With intent to cause physical injury to another
person individual , he or she causes physical injury to any
person individual by means of a deadly weapon or a dangerous
instrument.
(3) He or she recklessly causes serious physical injury
to another person individual by means of a deadly weapon or a
dangerous instrument.
(4)a. With intent to prevent a peace officer, as
defined in Section 36-21-60, a detention or correctional
officer at any municipal or county jail or state penitentiary,
emergency medical personnel, a utility worker, or a
firefighter any of the following from performing a lawful
duty, he or she intends to cause physical injury and he or she
causes physical injury to any person individual:
a. A peace officer, as defined in Section 36-21-60 .
b. A detention or correctional officer at any municipal
or county jail or state penitentiary.
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or county jail or state penitentiary.
c. An emergency medical service personnel.
d. A utility worker.
e. A firefighter.
b. For the purpose of this subdivision, a person who is
a peace officer who is employed or under contract while off
duty by a private or public entity is a peace officer
performing a lawful duty when the person is working in his or
her approved uniform while off duty with the approval of his
or her employing law enforcement agency. Provided, however,
that nothing contained in this subdivision shall be deemed or
construed as amending, modifying, or extending the
classification of a peace officer as off-duty for workers'
compensation purposes or any other benefits to which a peace
officer may otherwise be entitled to under law when considered
on-duty. Additionally, nothing contained in this subdivision
shall be deemed or construed as amending, modifying, or
extending the tort liability of any municipality as a result
of any action or inaction on the part of an off-duty police
officer.
(5) With intent to cause physical injury to a teacher
or to an employee of a public educational institution during
or as a result of the performance of his or her the teacher or
employee's duty, he or she causes physical injury to any
person individual .
(6) With intent to cause physical injury to a health
care worker , including a nurse, physician, technician, or any
other person employed by or practicing at a hospital as
defined in Section 22-21-20; a county or district health
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defined in Section 22-21-20; a county or district health
department; a long-term care facility; a physician's office,
clinic, or outpatient treatment facility during the course of
or as a result of the performance of the duties of the health
care worker or other person employed by or practicing at the
hospital; the county or district health department; any health
care facility owned or operated by the State of Alabama; the
long-term care facility; the physician's office, clinic, or
outpatient treatment facility; or a pharmacist, pharmacy
technician, pharmacy intern, pharmacy extern, or pharmacy
cashier; , he or she causes physical injury to any
person individual . This subdivision shall apply to assaults on
home health care workers while they are in a private
residence. This subdivision shall not apply to assaults by
patients who are impaired by medication.
(7) For a purpose other than lawful medical or
therapeutic treatment, he or she intentionally causes stupor,
unconsciousness, or other physical or mental impairment or
injury to another person individual by administering to him or
her, without his or her consent, a drug, substance , or
preparation capable of producing the intended harm.
(8) With intent to cause physical injury to a
Department of Human Resources employee or any employee
performing social work, as defined in Section 34-30-1, during
or as a result of the performance of his or her the employee's
duty, he or she causes physical injury to any
person individual .
(9) With intent to cause physical injury to a letter
carrier, as defined in Section 32-6-380, during or as a result
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carrier, as defined in Section 32-6-380, during or as a result
of the performance of his or her the letter carrier's duty, he
or she causes physical injury to any person individual .
(10) With intent to cause physical injury to a current
or former local, state, or federal public official during or
as a result of the performance of the current or former
official's duty, he or she causes physical injury to any
individual.
(b) Assault in the second degree is a Class C felony.
(c)(1)a. For the purposes of this section, a peace
officer who is employed or under contract while off duty by a
private or public entity is a peace officer performing a
lawful duty when the individual is working in his or her
approved uniform while off duty with the approval of his or
her employing law enforcement agency.
b. Nothing in this section may be construed to amend,
modify, or extend the classification of a peace officer as off
duty for worker's compensation purposes of any other benefits
to which a peace officer may otherwise be entitled under law
when considered off duty.
c. Nothing in this section may be construed to amend,
modify, or extend the tort liability of any county or
municipality related to any action or inaction by an off duty
peace officer.
(2) For the purposes of this section, "utility worker"
means any person individual who is employed by an entity that
owns, operates, leases, or controls any plant, property, or
facility for the generation, transmission, manufacture,
production, supply, distribution, sale, storage, conveyance,
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production, supply, distribution, sale, storage, conveyance,
delivery, or furnishing to or for the public of electricity,
natural or manufactured gas, water, steam, sewage, or
telephone service, including two or more utilities rendering
joint service.
(3) For the purposes of this section, "health care
worker" means any individual employed by or practicing at any
of the following:
a. A hospital as defined in Section 22-21-20.
b. A county or district health department.
c. A long-term care facility.
d. A physician's office, clinic, or outpatient
treatment facility.
(d)(1) Subdivision (a)(6) shall apply to assaults on
home health care workers while they are in a private
residence.
(2) Subdivision (a)(6) shall not apply to assaults by
patients who are impaired by medication. "
Section 2. This act shall become effective on October
1, 2026.
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