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REPRESENTATIVE COREY HARBISON WANTS ALL FIRST REPSONDERS COVERED IN THE EVENT THEY ARE KILLED IN THE LINE OF DUTY

Cullman’s District 12 Alabama State House Representative – Corey Harbison – plans to submit a House Bill during the upcoming 2017 Legislative Session in Montgomery.

 

Alabama State District 11 Representative Randall Shedd (R) of Fairview is a co-sponsor of the bill. The focus of the new bill will be to cover Emergency Medical Technicians (EMT’s), Firefighters (including members of volunteer fire departments) and other first responders in the event they are killed in the line of duty.

 

Alabama Code Title 13A Criminal Code. § 13A-5-40 reads:

 

“The following are capital offenses: Murder of any police officer, sheriff, deputy, state trooper, federal law enforcement officer, or any other state or federal peace officer of any kind, or prison or jail guard, while such officer or guard is on duty, regardless of whether the defendant knew or should have known the victim was an officer or guard on duty, or because of some official or job-related act or performance of such officer or guard.”

 

★ Harbison wants ALL first responders included in this part of the Alabama Code. ★

 

Alabama, along with 31 other states, permits the death penalty. Like in many states, a person who has committed a CAPITAL murder in Alabama can be sentenced to life imprisonment instead of the death penalty.

 

The trials in these murder case are split into two parts.

 

First, there’s a trial where guilt or innocence is determined.

 

If the defendant is convicted of capital murder, then a sentencing trial takes place where the jury or judge hears the mitigating and aggravating circumstances. Mitigating circumstances tend to lessen the degree of criminal responsibility, while aggravating circumstances increase it due to the factors’ malicious nature.

 

In comparison, taking the life of a paramedic, firefighter or other non-law enforcement first responder currently requires the perpetrator to face ‘only’ a simple murder charge which does not include the possibility of a death penalty.

 

As a former Cullman County Sheriff Office’s deputy, Harbison wants to extend an additional measure of protection for first responders who enter unknown, potentially life-threatening situations as they respond to an incident.

 

Harbison has an early draft of the bill being processed by the Alabama Legislative Reference Service. The primary challenge is to precisely define the verbiage of first responder’s job descriptions and duties:

 

“The initial draft was too broad and allowed too much interpretation. I want the bill to exactly define ‘who a first responder is’ before I file it. I believe we will have the final draft ready in next couple of weeks. I’ll be ready to file it at that time.

 

I want it to include EVERYONE who can lawfully be considered a first responder – whether that is at the scene of any accident (like a motor vehicle wreck or structure fire) to any law enforcement call involving a shooting, a possible suicide or any crime scene. Calls coming into the 911 center are often vague with little information about what is taking place at a scene.

 

When responders arrive, they are often faced with circumstances that are very different from the original information that is known.”

 

Good Hope Fire Chief David Scott was grateful and appreciative about the effect of this proposed bill:

 

“This is great news. It includes the Volunteer personnel as well as paid first responders. Sometimes the Volunteer firefighters and EMS personnel get kinda left out. Thank you, Corey Harbison!”

 

For the full story, please see:

cullmantoday.com/2016/12/27/corey-harbison-sponsors-first...

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Uploaded on December 27, 2016