SB 20

SB20 INTRODUCED
1 SB20
2 L5QTZYY-1
3 By Senator Elliott
4 RFD: Judiciary
5 First Read: 13-Jan-26
6 PFD: 16-Sep-25
  Page 0
L5QTZYY-1 09/10/2025 THR (L)THR 2025-2656
1
2
3
4 SYNOPSIS:
5Under existing law, a person commits the crime
6of assault in the third degree if he or she, with
7intent to cause physical injury to another individual,
8causes physical injury to another individual.
9This bill would provide that a person commits
10the crime of assault in the second degree if he or she,
11with intent to cause physical injury to a current or
12former local, state, or federal public official, he or
13she causes physical injury to another individual.
14This bill would provide penalties for
15violations.
16This bill would also make nonsubstantive,
17technical revisions to update the existing code
18language to current style.
19
20
21A BILL
22TO BE ENTITLED
23AN ACT
24
25Relating to crimes and offenses; to amend Section
26 13A-6-21, Code of Alabama 1975; to further provide for the
27 offense of assault in the second degree; to provide penalties
28 for violations; and to make nonsubstantive, technical
  Page 1
  SB20 INTRODUCED
29 revisions to update the existing code language to current
30 style.
31 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
32Section 1. Section 13A-6-21, Code of Alabama 1975, is
33 amended to read as follows:
34"§13A-6-21
35(a) A person commits the crime of assault in the second
36 degree if the person does any of the following:
37(1) With intent to cause serious physical injury to
38 another personindividual, he or she causes serious physical
39 injury to any personindividual.
40(2) With intent to cause physical injury to another
41 personindividual, he or she causes physical injury to any
42 person individual by means of a deadly weapon or a dangerous
43 instrument.
44(3) He or she recklessly causes serious physical injury
45 to another person individual by means of a deadly weapon or a
46 dangerous instrument.
47(4)a. With intent to prevent a peace officer, as
48 defined in Section 36-21-60, a detention or correctional
49 officer at any municipal or county jail or state penitentiary,
50 emergency medical personnel, a utility worker, or a
51 firefighter any of the following from performing a lawful
52 duty, he or she intends to cause physical injury and he or she
53 causes physical injury to any personindividual:
54a. A peace officer, as defined in Section 36-21-60.
55b. A detention or correctional officer at any municipal
56 or county jail or state penitentiary.
  Page 2
  SB20 INTRODUCED
57c. An emergency medical service personnel.
58d. A utility worker.
59e. A firefighter.
60b. For the purpose of this subdivision, a person who is
61 a peace officer who is employed or under contract while off
62 duty by a private or public entity is a peace officer
63 performing a lawful duty when the person is working in his or
64 her approved uniform while off duty with the approval of his
65 or her employing law enforcement agency. Provided, however,
66 that nothing contained in this subdivision shall be deemed or
67 construed as amending, modifying, or extending the
68 classification of a peace officer as off-duty for workers'
69 compensation purposes or any other benefits to which a peace
70 officer may otherwise be entitled to under law when considered
71 on-duty. Additionally, nothing contained in this subdivision
72 shall be deemed or construed as amending, modifying, or
73 extending the tort liability of any municipality as a result
74 of any action or inaction on the part of an off-duty police
75 officer.
76(5) With intent to cause physical injury to a teacher
77 or to an employee of a public educational institution during
78 or as a result of the performance of his or her the teacher or
79 employee's duty, he or she causes physical injury to any
80 personindividual.
81(6) With intent to cause physical injury to a health
82 care worker, including a nurse, physician, technician, or any
83 other person employed by or practicing at a hospital as
84 defined in Section 22-21-20; a county or district health
  Page 3
  SB20 INTRODUCED
85 department; a long-term care facility; a physician's office,
86 clinic, or outpatient treatment facility during the course of
87 or as a result of the performance of the duties of the health
88 care worker or other person employed by or practicing at the
89 hospital; the county or district health department; any health
90 care facility owned or operated by the State of Alabama; the
91 long-term care facility; the physician's office, clinic, or
92 outpatient treatment facility; or a pharmacist, pharmacy
93 technician, pharmacy intern, pharmacy extern, or pharmacy
94 cashier;, he or she causes physical injury to any
95 personindividual. This subdivision shall apply to assaults on
96 home health care workers while they are in a private
97 residence. This subdivision shall not apply to assaults by
98 patients who are impaired by medication.
99(7) For a purpose other than lawful medical or
100 therapeutic treatment, he or she intentionally causes stupor,
101 unconsciousness, or other physical or mental impairment or
102 injury to another person individual by administering to him or
103 her, without his or her consent, a drug, substance, or
104 preparation capable of producing the intended harm.
105(8) With intent to cause physical injury to a
106 Department of Human Resources employee or any employee
107 performing social work, as defined in Section 34-30-1, during
108 or as a result of the performance of his or her the employee's
109 duty, he or she causes physical injury to any
110 personindividual.
111(9) With intent to cause physical injury to a letter
112 carrier, as defined in Section 32-6-380, during or as a result
  Page 4
  SB20 INTRODUCED
113 of the performance of his or her the letter carrier's duty, he
114 or she causes physical injury to any personindividual.
115(10) With intent to cause physical injury to a current
116 or former local, state, or federal public official during or
117 as a result of the performance of the current or former
118 official's duty, he or she causes physical injury to any
119 individual.
120(b) Assault in the second degree is a Class C felony.
121(c)(1)a. For the purposes of this section, a peace
122 officer who is employed or under contract while off duty by a
123 private or public entity is a peace officer performing a
124 lawful duty when the individual is working in his or her
125 approved uniform while off duty with the approval of his or
126 her employing law enforcement agency.
127b. Nothing in this section may be construed to amend,
128 modify, or extend the classification of a peace officer as off
129 duty for worker's compensation purposes of any other benefits
130 to which a peace officer may otherwise be entitled under law
131 when considered off duty.
132c. Nothing in this section may be construed to amend,
133 modify, or extend the tort liability of any county or
134 municipality related to any action or inaction by an off duty
135 peace officer.
136(2) For the purposes of this section, "utility worker"
137 means any person individual who is employed by an entity that
138 owns, operates, leases, or controls any plant, property, or
139 facility for the generation, transmission, manufacture,
140 production, supply, distribution, sale, storage, conveyance,
  Page 5
  SB20 INTRODUCED
141 delivery, or furnishing to or for the public of electricity,
142 natural or manufactured gas, water, steam, sewage, or
143 telephone service, including two or more utilities rendering
144 joint service.
145(3) For the purposes of this section, "health care
146 worker" means any individual employed by or practicing at any
147 of the following:
148a. A hospital as defined in Section 22-21-20.
149b. A county or district health department.
150c. A long-term care facility.
151d. A physician's office, clinic, or outpatient
152 treatment facility.
153(d)(1) Subdivision (a)(6) shall apply to assaults on
154 home health care workers while they are in a private
155 residence.
156(2) Subdivision (a)(6) shall not apply to assaults by
157 patients who are impaired by medication."
158Section 2. This act shall become effective on October
159 1, 2026.
  Page 6