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12-15-204
Section 12-15-204 Acts for which person who has attained age 16 shall be charged, arrested,
and tried as adult; removal of person from jurisdiction of juvenile court. (a) Notwithstanding
any other provision of law, any person who has attained the age of 16 years at the time of
the conduct charged and who is charged with the commission of any act or conduct, which if
committed by an adult would constitute any of the following, shall not be subject to the jurisdiction
of juvenile court but shall be charged, arrested, and tried as an adult: (1) A capital offense.
(2) A Class A felony. (3) A felony which has as an element thereof the use of a deadly weapon.
(4) A felony which has as an element thereof the causing of death or serious physical injury.
(5) A felony which has as an element thereof the use of a dangerous instrument against any
person who is one of the following: a. A law enforcement officer or official. b. A correctional
officer or official. c. A parole or probation officer or...
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15-5-40
Section 15-5-40 stored wire and electronic communications and transactional records access;
pen registers and trap and trace devices. (a) The definitions, prohibitions, authorizations,
and procedures regarding access to stored wire and electronic communications and transactional
records and the installation or use of pen registers or trap and trace devices shall be adopted
and coextensive with the provisions of the federal law defined at Chapters 121 and 206 of
Title 18, United States Code, Sections 2701-2712 and 3121-3127, and as those provisions may
hereafter be amended. (b) Emergency pen registers and trap and trace devices may be installed
pursuant to the provisions of the federal law defined in Title 18, United States Code, Section
3125, as it may hereafter be amended, provided the investigative or law enforcement officer
declaring the emergency has been specially authorized and designated in writing by the Attorney
General, district attorney, or city attorney, if authorized to...
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41-15B-1
Section 41-15B-1 Definitions. For purposes of this chapter, the following terms have the meanings
respectively ascribed to them: (1) AT-RISK CHILDREN. Children who because of social, health,
or educational factors are experiencing difficulty with learning, school achievement, or preparation
for employment as evidenced by excessive absence from school without acceptable excuse, by
virtue of being parents, by having been referred to the juvenile court, or by being one or
more years behind their age group in the number of credits obtained or in basic skill levels
obtained. (2) CHILD POPULATION. The population of children below the age of 18 in any federal
decennial census. (3) COUNCIL. The Alabama Children's Policy Council created pursuant to Sections
12-15-130 to 12-15-132, inclusive. (4) FUND. The Children First Trust Fund as established
by Section 41-15B-2. (5) JUVENILE PROBATION SERVICES. Any juvenile probation officer, including,
but not limited to, administrative personnel, juvenile...
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45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion program
is in the absolute discretion of the district attorney. However, an offender deemed by the
district attorney to be a threat to the safety or well-being of the community shall not be
eligible for the program. Further, an offender charged with the following offenses shall be
ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense which intentionally,
knowingly, or recklessly resulted in death or serious physical injury to a person. (3) An
offense involving the use of a deadly weapon. (4) Chemical endangerment of a child. (5) An
offense involving violence in which the victim was a child under 14 years of age, a law enforcement
officer, a school officer, a correctional officer, active duty military personnel of the United
States Armed Forces, or an elderly person over the age of 65. (6) An offense involving violence
in which the victim was an employee of any school...
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12-15-117.1
Section 12-15-117.1 Continuing jurisdiction of juvenile court to modify and enforce judgments.
(a) The Legislature finds that it was its original intent in the adoption of the Alabama Juvenile
Justice Act (Act 2008-277) for a juvenile court to retain continuing jurisdiction in all cases
in its jurisdiction to the extent provided by law. Act 2012-383 is curative and shall apply
retroactively to ratify and confirm the exercise of continuing jurisdiction of the juvenile
court to modify and enforce a judgment in cases filed in juvenile court on or after January
1, 2009, and prior to May 14, 2012. Any order of a juvenile court issued while exercising
jurisdiction pursuant to this subsection during this time shall be deemed valid. (b) Nothing
in Act 2012-383 shall affect the jurisdiction of the circuit courts over any custody, visitation,
or support issues, or enforcement or modification of the same issues, that a circuit court
exercised in cases filed on or after January 1, 2009, and prior...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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15-1-2
Section 15-1-2 Limits on interviews of victims of sexual abuse or exploitation under 12 years
of age; confidentiality of court records of victims under 18 years of age. (a) The presiding
judge of a judicial circuit, after consultation with the district attorney for the judicial
circuit may provide for reasonable limits on the number of interviews a victim of sexual abuse
or exploitation, who is under 12 years of age, must submit to for law enforcement or other
purposes. The judge shall, to the extent possible, protect the victim from the psychological
damage of repeated interrogation while preserving the rights of the public, the victim, and
the person charged with the violation. (b) The court records of a child under the age of 18
years who is a victim of sexual abuse or exploitation shall not be open to the public, but
shall be kept in the same manner as juvenile offender records are kept. (Acts 1985, No. 85-742,
p. 1192.)...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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26-16-91
Section 26-16-91 Definitions. The following words and phrases have the following meanings unless
the context clearly indicates otherwise: (1) AUTOPSY. An external and internal examination,
medical history, and record review. (2) CHILD. A person who has not yet reached his or her
eighteenth birthday. (3) CHILD DEATHS TO BE REVIEWED. Those deaths which are unexpected or
unexplained. (4) COMMUNITY. The people and area within the local team jurisdiction. (5) COUNTY.
The county in which a deceased child resided prior to his or her death. (6) INVESTIGATION.
In the context of child death, includes all of the following: a. A postmortem examination
which may be limited to an external examination or may include an autopsy. b. An inquiry by
law enforcement agencies having jurisdiction into the circumstances of the death, including
a scene investigation and interview with the child's parents, guardians, or caretakers and
the person who reported the child's death. c. A review of information...
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3-6A-4
Section 3-6A-4 Sworn statement; dangerous dog investigation; hearing; procedures. (a)(1) When
a person claims that a dog is dangerous, the person shall make a sworn statement before a
city magistrate or sheriff setting forth the name of the dog owner, if known, the location
where the dog is being kept in the city or county, and the reason he or she believes the dog
to be dangerous. (2) The sworn statement shall be delivered to an animal control officer who
shall complete a dangerous dog investigation.When the sworn statement claims that a dog has
caused serious physical injury or death to a person, the duties of the animal control officer,
including but not limited to the dangerous dog investigation, shall be carried out by a law
enforcement officer. (b) An animal control officer may initiate a dangerous dog investigation
in cases where a complaint has been made pursuant to subsection (a) and a person has been
bitten, received physical injury or serious physical injury, or has died....
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