A bill that would elevate assaults against public officials to a Class C felony advanced out of the Senate Judiciary Committee this week following a discussion about the growing list of protected professions under state law.
SB20, introduced by Senator Chris Elliott, R- Josephine, would make assault in the second degree a Class C felony when committed against a public official, placing them in the same protected category as law enforcement officers, firefighters and emergency medical personnel under existing statute.
“In my district, I’ve unfortunately had a couple of instances where people have gone after city council people and others,” said Elliott.
Before final passage, the committee adopted an amendment offered by Senator April Weaver, R-Brierfield, to extend the same felony protections to pharmacists and nurses working outside traditional clinical settings, such as home health workers.
Weaver said the amendment was intended to address gaps in current law.
“The original felony assault statute already covers people in hospitals and emergency rooms,” Weaver said. “This amendment is focused on healthcare workers who operate outside of a clinical environment and were not previously included.”
Senator Vivian Figures, D-Mobile, asked whether the amendment should be broadened further to include all healthcare professionals, citing increased incidents of assaults in emergency rooms and waiting areas.
Weaver responded that hospital-based workers were already covered under the original statute, but agreed the committee could revisit the language if necessary.
Figures also inquired about the exact timeline of the bill’s usage of “former or current” public officials being protected and how a tie would be connected to an individual’s time in office and the assault.
“My concern was the word former. How far back former do you go, and do you have to at least prove that the assault was connected with the position that that person held,” asked Figures.
Several senators raised concerns about the expanding list of professions covered by felony assault enhancements.
Senator Greg Albritton, R-Atmore, warned that repeatedly adding new protected classes could unintentionally elevate some victims above others under the law.
“Government has already becoming a fortress and isolating itself away from people. To make government workers or whatever, more of a protected class, that just seems difficult for me to handle,” said Albritton.
Senator Larry Stutts, R-Tuscumbia, echoed that concern.
“I’m reluctant when we create special categories,” said Stutts. “Beating me up is no worse than beating up somebody else.”
During the discussion, Senator Linda Coleman-Madison, D-Birmingham, asked that social workers, particularly those working with the Department of Human Resources and conducting home visits, be included as well. Committee members indicated openness to addressing that issue during floor debate.
“I’d like to make sure social workers who are out in the field, going into homes and working at night, are covered,” Senator Smitherman said.
The Judiciary Committee adopted Weaver’s amendment by voice and roll call vote before passing the bill as amended with unanimous support. Several senators stated they were voting in favor despite reservations about the policy approach.
“We’ll vote to get it out of committee reluctantly, because I do think when you start putting people in a certain classification is treating them above or differently than others, and that’s a potential problem,” said Senator Will Barfoot, R-Pike Road.
The bill now moves to the full Senate for consideration.
