§ 6-5-338.4 — Immunity of Law Enforcement Officers -- Application and Scope; Certain Employers of Off-Duty Officers to Maintain Liability Coverage

(a) The protections afforded a law enforcement officer under Sections 6-5-338.2 and 6-5-338.3 apply to any cause of action that accrued on or after October 1, 2025.
(b) The protections available to law enforcement officers under Sections 6-5-338.2 and 6-5-338.3 are in addition to, and supplemental to, any protections available to a law enforcement officer pursuant to Section 36-1-12; Section 36-22-3; Section 14-6-1; Article I, Section 14 of the Constitution of Alabama of 2022; or any other source of law.
(c) Section 6-5-338.2 extends immunity only to a law enforcement officer for conduct performed within a law enforcement officer’s discretionary authority and to the law enforcement officer’s employer or appointing authority. No immunity is extended to any private non-governmental person or entity, including any private employer of a law enforcement officer during that officer’s off-duty hours.
(d) Every private, non-governmental person or entity who hires a law enforcement officer during that law enforcement officer’s off-duty hours to perform any type of security work or to work while in the uniform of a law enforcement officer shall have in force at least five hundred thousand dollars ($500,000) of liability insurance, which insurance must indemnify for acts the off-duty law enforcement officer takes within the line and scope of the private employment or contract. The failure to have in force the insurance required by this subsection shall make every individual employer, every general partner of a partnership employer, and every member of an unincorporated association employer individually liable for all acts taken by the off-duty law enforcement officer within the line and scope of the private employment or contract.

Legislative History

(Act 2025-423, §1.)