36-4-2
Section 36-4-2 Oaths required to be filed with Secretary of State and Auditor. Such oaths must,
when taken by the Governor, any judge of the Supreme Court, judge of the Court of Civil Appeals
and the Court of Criminal Appeals, judge of the circuit court, Auditor, Treasurer, Attorney
General, district attorney or any other officer whose general duties are not limited to any
one county, unless it is otherwise provided, be filed with the certificate required by Section
36-4-1 in the office of the Secretary of State and, when taken by the Secretary of State,
must be filed with such certificate in the office of the Auditor. (Code 1852, §112; Code
1867, §151; Code 1876, §157; Code 1886, §251; Code 1896, §3064; Code 1907, §1477; Code
1923, §2589; Code 1940, T. 41, §22.)...
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12-11A-4
Section 12-11A-4 Trial without jury; powers of private judge; immunity; procedures. (a) A trial
conducted by a private judge shall be conducted without a jury. (b) A person who serves as
a private judge has, for each case the private judge hears, the same powers as the judge of
a circuit court in relation to the following: (1) Court procedure. (2) Deciding the outcome
of the case. (3) Attendance of witnesses. (4) Punishment of contempt. (5) Enforcement of orders.
(6) Administering oaths. (7) Giving all necessary certificates for the authentication of the
records and proceedings. (c) A person appointed as a private judge pursuant to the terms of
this chapter shall have immunity in the same manner and to the same extent as a judge in the
State of Alabama. (d) All proceedings in an action heard by a private judge are of record
and must be: (1) Filed with the clerk of the circuit court in the county of proper venue under
the Alabama Rules of Civil Procedure. (2) Made available to the...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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15-27-4
Section 15-27-4 Administrative filing fee; indigency. (a) In addition to any cost of court
or docket fee for filing the petition in circuit court, an administrative filing fee of three
hundred dollars ($300) shall be paid at the time the petition is filed and is a condition
precedent to any ruling of the court pursuant to this chapter. The administrative filing fee
shall not be waived by the court and shall be distributed as follows: (1) Seventy-five dollars
($75) to the State Judicial Administrative Fund. (2) Twenty-five dollars ($25) to the Alabama
Department of Forensic Sciences. (3) Fifty dollars ($50) to the district attorney's office.
(4) Fifty dollars ($50) to the clerk's office of the circuit court having jurisdiction over
the matter, for the use and benefit of the circuit court clerk. (5) Fifty dollars ($50) to
the Public Safety Fund. (6) Fifty dollars ($50) to the general fund of the county where the
arresting law enforcement agency is located if the arrest was made by the...
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45-22-81.01
Section 45-22-81.01 D.A.R.E. program. (a) This section shall be operative only in Cullman County.
(b)(l) Notwithstanding any special, local, or general law to the contrary, there is levied
additional court costs and charges as follows: a. All traffic tickets (not involving alcohol
or drugs, or both) ...$5.00 b. All misdemeanor alcohol arrests ...10.00 c. All misdemeanor
drug arrests ...20.00 d. All misdemeanor D.U.I. arrests ...25.00 e. All other misdemeanor
arrests ...5.00 f. All felony alcohol arrests ...50.00 g. All felony drug arrests (excluding
trafficking cases) ...50.00 h. All felony D.U.I. arrests ...50.00 i. All drug trafficking
arrests ......
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45-29-81
Section 45-29-81 Public defender fund. (a) There is established in the Twenty-fourth Judicial
Circuit a public defender fund for the payment of salaries and operating expenses of the indigent
defense system within the Twenty-fourth Judicial Circuit to be administered in accordance
with Article 1, commencing with Section 15-12-1, of Title 15. Upon May 4, 1982, the governing
body of each county composing the circuit may establish a public defender fund to be administered
by the clerk of the county commission of that respective county to receive and disburse funds
paid therein in accordance with this section. (b) In order to provide funds for the indigent
defense system within the Twenty-fourth Judicial Circuit, the following docket fees shall
be collected by the circuit court clerk in each county in addition to the docket fees that
are presently provided by law and when collected by the clerk of the court shall be paid into
the public defender fund. The additional docket fees shall be...
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12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
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15-21-1
Section 15-21-1 Persons entitled to prosecute writ - Generally. Any person who is imprisoned
or restrained of his liberty in the State of Alabama on any criminal charge or accusation
or under any other pretense whatever, except persons committed or detained by virtue of process
issued by a court of the United States or by a judge thereof in cases of which such courts
have exclusive jurisdiction under the laws of the United States or have acquired exclusive
jurisdiction by the commencement of actions in such courts, may prosecute a writ of habeas
corpus according to the provisions of this chapter to inquire into the cause of such imprisonment
or restraint. (Code 1852, §709; Code 1867, §4260; Code 1876, §4936; Code 1886, §4761;
Code 1896, §4812; Code 1907, §7007; Code 1923, §4305; Code 1940, T. 15, §1.)...
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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation,
municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal
offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition
in the criminal division of the circuit court in the county in which the charges were filed,
to expunge records relating to the charge in any of the following circumstances: (1) When
the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand
jury. (3) When the person has been found not guilty of the charge. (4) When the charge was
dismissed without prejudice more than two years ago, has not been refiled, and the person
has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic
violation, excluding minor traffic violations, during the previous two years. (5) When the
person proves by a preponderance of the evidence that the person is a...
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15-9-42
Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail. If, from
the examination before the district or circuit court judge, it appears that the person held
is the person charged with having committed the crime alleged, that he probably committed
the crime and, except in cases arising under Section 15-9-34, that he has fled from justice,
the judge must commit him to jail by a warrant reciting the accusation for such a time specified
in the warrant as will enable the arrest of the accused to be made under a warrant of the
Governor on a requisition of the executive authority of the state having jurisdiction of the
offense, unless the accused gives bail as provided in Section 15-9-43, or until he shall be
legally discharged. (Acts 1931, No. 482, p. 559; Code 1940, T. 15, §62.)...
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