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25-5-339
Section 25-5-339 Confidentiality of information. (a) All information, interviews, reports,
statements, memoranda, and test results, written or otherwise, received by the employer through
a substance abuse testing program are confidential communications, but may be used or received
in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding,
except as provided in subsection (c). (b) Employers, laboratories, medical review officers,
employee assistance programs, drug or alcohol rehabilitation programs, and their agents who
receive or have access to information concerning test results shall keep all information confidential.
Release of such information under any other circumstance shall be solely pursuant to a written
consent form signed voluntarily by the person tested, unless the release is compelled by an
agency of the state or a court of competent jurisdiction or unless deemed appropriate by a
professional or occupational licensing board in a related...
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30-5-2
Section 30-5-2 Definitions. In this chapter, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ABUSE. An act committed against
a victim, which is any of the following: a. Arson. Arson as defined under Sections 13A-7-40
to 13A-7-43, inclusive. b. Assault. Assault as defined under Sections 13A-6-20 to 13A-6-22,
inclusive. c. Attempt. Attempt as defined under Section 13A-4-2. d. Child Abuse. Torture
or willful abuse of a child, aggravated child abuse, or chemical endangerment of a child as
provided in Chapter 15, commencing with Section 26-15-1, of Title 26, known as the
Alabama Child Abuse Act. e. Criminal Coercion. Criminal coercion as defined under Section
13A-6-25. f. Criminal Trespass. Criminal trespass as defined under Sections 13A-7-2 to 13A-7-4.1,
inclusive. g. Harassment. Harassment as defined under Section 13A-11-8. h. Kidnapping.
Kidnapping as defined under Sections 13A-6-43 and 13A-6-44. i. Menacing. Menacing as defined...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for
participation. (a) Any drug offender subject to this chapter who posts bail shall submit to
random observed drug tests as a condition of pretrial release. (b) A drug offender shall be
required to undergo a screening under any of the following conditions: (1) The results of
a drug test are positive. (2) The drug offender requests a screening. (3) The drug offender
admits to substance use or abuse within the year preceding the arrest for the present charge.
(4) The present charge involves a violation of the controlled substances or impaired driving
statutes. (5) The drug offender, within the previous five years, has been convicted in any
state or federal court involving a violation described in subsection (b)(1), (b)(3), or (b)(4).
(6) The drug offender refuses to undergo a drug test as required by this chapter. (c) Notwithstanding
the requirements of subsection (a), the court shall order a drug offender...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have
the following meanings: (1) ACCUSED. A person who has been arrested for committing a criminal
offense and who is held for an initial appearance or other proceeding before trial. (2) APPELLATE
PROCEEDING. An oral argument held in open court before the Alabama Court of Criminal Appeals,
the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court.
(3) ARREST. The actual custodial restraint of a person or his or her submission to custody.
(4) COMMUNITY STATUS. Extension of the limits of the places of confinement of a prisoner through
work release, supervised intensive restitution (SIR), and 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...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence
of alcohol or controlled substances. (a) A person shall not operate or be in actual physical
control of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under
any condition in which a person would be guilty of driving under the influence of alcohol
or drugs pursuant to Section 32-5A-191 if the person was driving or controlling a motor
vehicle. (b) In the case of a vessel or other marine device described in subsection (a), where
a law enforcement officer has probable cause to believe that the operator of the vessel or
other marine device is operating in violation of this section, the law enforcement
officer is authorized to administer and may test the operator, at the scene, by using a field
breathalyzer or other approved device, as a screening device, to determine if the operator...
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16-1-24.1
Section 16-1-24.1 Safe school and drug-free school policy; treatment of policy violators;
promulgation and distribution of discipline policy; liability limited for discipline actions;
local boards may adopt more stringent guidelines. (a) The Legislature finds a compelling public
interest in ensuring that schools are made safe and drug-free for all students and school
employees. The Legislature finds the need for a comprehensive safe school and drug-free school
policy to be adopted by the State Board of Education. This policy should establish minimum
standards for classes of offenses and prescribe uniform minimum procedures and penalties for
those who violate the policies. It is the intent of the Legislature that our schools remain
safe and drug-free for all students and school employees. The State Board of Education shall
adopt and all local boards of education shall uniformly enforce policies that protect all
students and school employees. The State Board of Education shall require...
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12-17-226.10
Section 12-17-226.10 Written agreement; other terms and conditions. (a) In any case
in which an offender is admitted into a pretrial diversion program established under this
division, there shall be a written agreement between the district attorney and the offender.
The agreement shall include the terms of the pretrial diversion program, the length of the
program, as practicable as possible, the costs of the program to the offender, and the period
of time after which the district attorney must dispose of the charges against the offender.
If, as part of the pretrial diversion program, the offender agrees to plead guilty to a particular
charge or charges and receives a specific sentence, an agreement concerning when the plea
of guilt will occur, to what charges to which the offender will plead guilty, and any sentence
to be imposed shall be approved by and submitted to an appropriate circuit or district court
judge having jurisdiction over the offender within the judicial circuit prior...
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12-19-181
Section 12-19-181 Schedule and distribution of additional fees. (a) In addition to any
other docket fees provided by law, including, but not limited to, the docket fees provided
in Sections 12-19-171 and 12-19-176, the following fees shall be automatically assessed in
cases in municipal, juvenile, district, and circuit courts upon conviction or adjudication
of the defendant of any of the following offenses: (1) Unlawful possession of marihuana in
the second degree in violation of Section 13A-12-214 ...$40. (2) Possession of drug
paraphernalia, misdemeanor conviction or adjudication, in violation of subsection (c) of Section
13A-12-260 ...$40. (3) Delivery, sale, manufacture, etc. of drug paraphernalia in violation
of subsection (d) of Section 13A-12-260: a. Misdemeanor ...$40. b. Felony ...$60. (4)
Felony unlawful possession of a controlled substance in violation of Sections 13A-12-212 and
13A-12-213 ...$60. (5) Obtaining a...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder
by the defendant during a kidnapping in the first degree or an attempt thereof committed by
the defendant. (2) Murder by the defendant during a robbery in the first degree or an attempt
thereof committed by the defendant. (3) Murder by the defendant during a rape in the first
or second degree or an attempt thereof committed by the defendant; or murder by the defendant
during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt
thereof committed by the defendant. (5) Murder of any police officer, sheriff, deputy, state
trooper, federal law enforcement officer, or any other state or federal peace officer of any
kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether
the defendant knew or should have known the victim was an officer or guard on...
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