House approves bill increasing loitering penalties

The Alabama House approved a bill that would increase penalties for loitering along state highways on a 90-0 vote, with 12 abstentions.

House Bill 24, sponsored by Rep. Reed Ingram, R- Pike Road, stems from an attempt by Montgomery to arrest panhandlers, which was never implemented and drew federal court injunctions.

“We’ve had a lot of people on the roads, soliciting, loitering, mental health, drugs, etc., and this bill would make it unlawful to loiter on a state-maintained road,” Ingram said.

Under Alabama law, loitering is a violation, punishable by a fine of up to $200 or a maximum of 30 days in jail. The legislation would raise the punishment for second and subsequent convictions, subjecting people to up to three months in jail or a $500 fine.

The bill passed the House on Thursday.

Current state law bans being in a roadway “for the purpose of begging.” Ingram’s bill as filed would have stripped that language and turned it into a general ban on loitering on public roads.

But Rep. Susan DuBose, R-Hoover, offered an amendment to leave the original language in place. It also restored language to allow people with city or county permits to stand in a highway to seek jobs, business or donations.

The bill would maintain exceptions for those attending masquerade parties, parades, or educational, religious and historical presentations.

Under the bill, a law enforcement officer would first have to order a person in a public street to leave before making an arrest. The bill would also allow a law enforcement officer to take the individual to a shelter in lieu of spending the night in jail.

In 2019, the Montgomery City Council approved an ordinance that would have required jail time for people arrested and charged with panhandling. The ordinance, however, led to protests and was never enacted. A federal judge last month permanently blocked the measure, saying that it violated the First Amendment.

Re p . Laura Hall, D- Huntsville, criticized the Legislature for criminalizing the actions of people.

“The other way of dealing with those actions is to provide the resources that are necessary to help them,” Hall said.