SB129 Summary

• Repeals existing peace officer immunity law and establishes new civil immunity protecting law enforcement officers from liability for conduct within discretionary authority, except when acting recklessly without law enforcement justification or violating clearly established constitutional or statutory rights.

• Establishes heightened pleading standards requiring civil complaints to identify legal authority, specific factual allegations, and demonstrate lack of immunity; courts must promptly dismiss non-compliant claims.

• Creates automatic stay of civil discovery and proceedings while law enforcement officer seeks to establish immunity eligibility through motion to dismiss or summary judgment.

• Establishes criminal immunity for law enforcement officers using physical force within discretionary authority unless force violates constitutional protections against excessive force; requires pretrial hearing where defendant must prove immunity by preponderance of evidence.

• Effective October 1, 2025; requires private employers of off-duty law enforcement officers to maintain minimum $500,000 liability insurance coverage for security work.