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15-23-69
Section 15-23-69 Testimony concerning information about victim; information about victim in
court file. (a) Based upon the reasonable apprehension of the victim of acts or threats of
physical violence or intimidation by the defendant, the family of the defendant, or by anyone
at the direction of the defendant, against the victim or the immediate family of the victim,
the prosecutor may petition the court to direct that the victim or any other witness not be
compelled to testify during pre-trial proceedings or to any trial, facts that could divulge
the identity, residence, or place of employment of the victim, or other related information
without consent of the victim unless necessary to the prosecution of the criminal proceeding.
If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the
victim contained in the court file shall not be public record. (Acts 1995,...
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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
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31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been signed
as provided in Section 31-2A-30 (Article 30), any party may take oral or written depositions
unless the military judge or summary court-martial officer hearing the case or, if the case
is not being heard, an authority competent to convene a court-martial for the trial of those
charges forbids it for good cause. (b) The party at whose instance a deposition is to be taken
shall give to every other party reasonable written notice of the time and place for taking
the deposition. (c) Depositions may be taken before and authenticated by any military or civil
officer authorized by the laws of the state or by the laws of the place where the deposition
is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable notice
to the other parties, so far as otherwise admissible under the rules of evidence, may be read
in evidence or, in the case of audiotape, videotape, digital image...
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12-21-246
for witnesses whose address shall be given by the person requesting the subpoena, specifying
therein the time and place for their appearance, the title of the case and at whose instance
the witness is summoned, and commanding the witness to appear in conformity therewith and
give testimony. (b) No subpoena shall issue for a witness residing more than 100 miles from
the place of trial, computed by the route usually traveled, unless the person requesting the
subpoena makes affidavit that the personal attendance of the witness is necessary to
a proper decision of the case and that the deposition of the witness would be insufficient
for that purpose, and the fact that such affidavit has been made must be endorsed by the clerk
upon the subpoena. (c) A subpoena issued under this section shall be directed "To any
sheriff of the State of Alabama" and, unless the person requesting the subpoena directs
that it be personally served as provided in subdivision (1) of this subsection, at the...
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12-21-148
Section 12-21-148 Use of certified facility dog in certain legal proceedings. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) CERTIFIED FACILITY
DOG. A trained working dog that is a graduate of an assistance dog organization, a nonprofit
organization that sets standards of training for the health, welfare, task work, and oversight
for assistance dogs and their handlers, and shall have at a minimum all of the following:
a. Two years of training and must have passed the same public-access test as a service dog.
b. Documentation showing that the certified facility dog has graduated from an assistance
dog organization. c. A current annual certificate of health from an Alabama veterinarian.
d. Proof of liability insurance in the minimum amount of five hundred thousand dollars ($500,000).
(2) CERTIFIED HANDLER. A certified handler who has received training from an assistance dog
organization and has received training on the protocols and...
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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section 12-16-74.
In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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15-23-60
initial consideration of pre-discretionary leave, passes, and furloughs. (5) COURT. All state
courts including juvenile courts. (6) CRIME VICTIM ADVOCATE. A person who is employed or authorized
by a public entity or a private entity that receives public funding primarily to provide counseling,
treatment, or other supportive assistance to crime victims. (7) CRIMINAL OFFENSE. Conduct
that gives a law enforcement officer or prosecutor probable cause to believe that a felony
involving physical injury, the threat of physical injury, or a sexual offense,
or any offense involving spousal abuse or domestic violence has been committed. (8) CRIMINAL
PROCEEDING. A hearing, argument, or other matter scheduled by and held before a trial court
but does not include a lineup, grand jury proceeding, or other matter not held in the presence
of the court. (9) CUSTODIAL AGENCY. A municipal or county jail, the State Department of Corrections,
juvenile detention facility, Department of Youth Services, the...
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31-2A-42
Section 31-2A-42 (Article 42.) Oaths or affirmations. (a) Before performing their respective
duties, military judges, general and special courts-martial members, trial counsel, defense
counsel, reporters, and interpreters shall take an oath or affirmation in the presence of
the accused to perform their duties faithfully. The form of the oath or affirmation, the time
and place of the taking of the oath, the manner of recording the oath, and whether the oath
or affirmation shall be taken for all cases in which these duties are to be performed or for
a particular case, shall be as prescribed in regulation or as provided by law. These regulations
may provide that an oath or affirmation to perform faithfully the duties as a military judge,
trial counsel, or defense counsel may be taken at any time by any judge advocate or other
person certified or designated to be qualified or competent for the duty, and if such an oath
or affirmation is taken, it need not again be taken at the time the...
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12-21-147
Section 12-21-147 Use of registered therapy dog in certain legal proceedings. (a) For purposes
of this section, the following terms shall have the following meanings: (1) ACTIVE MEMBER.
Therapy dog teams who have had recorded visits at facilities including hospitals, nursing
homes, libraries, and extended care facilities in the past 18 months. (2) REGISTERED HANDLER.
A volunteer registered by the court system as a therapy dog handler who has not been convicted
of sexual, animal, or domestic abuse or any felony, who has been registered by a qualifying
therapy dog organization, and has taken an oath of confidentiality. An officer of the court
may be a handler only if there is no expense to the state. (3) REGISTERED THERAPY DOG. a.
A trained emotional support dog that has been tested and registered by a nonprofit therapy
dog organization that sets standards and requirements for the health, welfare, task work,
and oversight for therapy dogs and their handlers, including at a minimum, all...
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