Code of Alabama

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16-6D-9
Section 16-6D-9 Tax credit claims; administrative accountability; verification of requirements;
rules and procedures. (a)(1) An individual taxpayer who files a state income tax return and
is not claimed as a dependent of another taxpayer, a taxpayer subject to the corporate income
tax levied by Chapter 18 of Title 40, an Alabama S corporation as defined in Section 40-18-160,
or a Subchapter K entity as defined in Section 40-18-1 may claim a credit for a contribution
made to a scholarship granting organization. If the credit is claimed by an Alabama S corporation
or Subchapter K entity, the credit shall pass through to and may be claimed by any taxpayer
eligible to claim a credit under this subdivision who is a shareholder, partner, or member
thereof, based on the taxpayer's pro rata or distributive share, respectively, of the credit.
(2) The tax credit may be claimed by an individual taxpayer or a married couple filing jointly
in an amount equal to 100 percent of the total...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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16-44B-1
Section 16-44B-1 Compact. ARTICLE I PURPOSE It is the purpose of this compact to remove barriers
to education success imposed on children of military families because of frequent moves and
deployment of their parents by: A. Facilitating the timely enrollment of children of military
families and ensuring that they are not placed at a disadvantage due to difficulty in the
transfer of education records from the previous school district(s) or variations in entrance/age
requirements. B. Facilitating the student placement process through which children of military
families are not disadvantaged by variations in attendance requirements, scheduling, sequencing,
grading, course content or assessment. C. Facilitating the qualification and eligibility for
enrollment, educational programs, and participation in extracurricular academic, athletic,
and social activities. D. Facilitating the on-time graduation of children of military families.
E. Providing for the promulgation and enforcement of...
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12-25-34
Section 12-25-34 Development and adoption of the voluntary sentencing standards. (a) Statewide
voluntary sentencing standards shall be developed and presented to the Legislature in stages
over a three-year period as follows: (1) By July 31, 2003, the commission shall develop and
distribute to all sentencing judges a reference manual analyzing historical sentencing practices
by duration of sentence and disposition of felony offenders in Alabama. The reference manual
shall indicate those types of offenders historically most likely to be sentenced to punishments
other than active incarceration where alternatives to active incarceration are available.
(2) Concurrently with the development and distribution of the reference manual, the commission
shall develop and begin testing worksheets and voluntary sentencing standards in selected
circuits for selected felony offenses. (3) The commission shall develop and present the initial
voluntary sentencing standards to the Legislature before or...
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12-25-34.1
Section 12-25-34.1 Approval of the initial voluntary sentencing standards. The initial voluntary
sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing
Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary
of the Senate, and the Clerk of the House of Representatives, are approved for implementation
effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34
and 12-25-35; provided however, that these standards shall not apply to any sex offense involving
a victim under the age of 12. (Act 2006-312, p. 663, ยง2.)...
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12-25-33
Section 12-25-33 Powers and duties of commission. To achieve the goals recognized by the Legislature
in Chapter 25 and Section 12-25-31, the commission shall: (1) Develop, maintain, and modify
as necessary a system of statewide voluntary sentencing standards for use in felony cases
which shall take into account historical sentencing data, concerning time actually served
for various felony offenses, sentences imposed for various felony offenses, and such other
factors as appear historically relevant to determining both the duration and disposition of
sentences in felony cases. The standards shall recognize a continuum of punishments in recommending
the disposition of sentences. (2) Educate judges, prosecutors, defense attorneys, victim's
service officers, community corrections officials, probation officers, and other personnel,
where appropriate, in the use of the voluntary sentencing standards and worksheets. (3) Develop,
distribute, and periodically update sentencing worksheets for...
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13A-5-53
Section 13A-5-53 Appellate review of death sentence; scope; remand; specific determinations
to be made by court; authority of court following review. (a) In any case in which the death
penalty is imposed, in addition to reviewing the case for any error involving the conviction,
the Alabama Court of Criminal Appeals, subject to review by the Alabama Supreme Court, shall
also review the propriety of the death sentence. This review shall include the determination
of whether any error adversely affecting the rights of the defendant was made in the sentence
proceedings, whether the trial court's findings concerning the aggravating and mitigating
circumstances were supported by the evidence, and whether death was the proper sentence in
the case. If the court determines that an error adversely affecting the rights of the defendant
was made in the sentence proceedings or that one or more of the trial court's findings concerning
aggravating and mitigating circumstances were not supported by the...
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12-25-31
Section 12-25-31 Statement of purpose. (a) It is essential that Alabama manage its criminal
justice system in the manner best able to protect public safety and make the most effective
and efficient use of correctional resources. Based on the findings and recommendations of
the Alabama Sentencing Commission, the Legislature finds that all of the following are necessary
to protect public safety by providing a fair, effective, and efficient criminal justice system:
(1) Voluntary sentencing standards used to guide judicial decision makers in determining the
most appropriate sentence for convicted felony offenders. (2) The abolition of traditional
parole and good time credits for convicted felons. (3) The availability of a continuum of
punishment options. (b) The Legislature further finds, based on the findings and recommendations
of the sentencing commission, that subdivisions (1) to (3), inclusive, of subsection (a) are
necessary to best achieve all of the following goals: (1)...
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31-2A-64
Section 31-2A-64 (Article 64.) Review by the Senior Judge Advocate. (a) Each general and special
court-martial case in which there has been a finding of guilty shall be reviewed by the senior
judge advocate, or a designee for the convening authority. The senior judge advocate, or designee,
may not review a case under this subsection if that person has acted in the same case as an
accuser, investigating officer, member of the court, military judge, or counsel or has otherwise
acted on behalf of the prosecution or defense. The senior judge advocate's review shall be
in writing and shall contain all of the following: (1) Conclusions as to whether: a. The court
had jurisdiction over the accused and the offense. b. The charge and specification stated
an offense. c. The sentence was within the limits prescribed as a matter of law. (2) A response
to each allegation of error made in writing by the accused. (3) If the case is sent for action
under subsection (b), a recommendation as to the...
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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall
impose sentence. Where the jury has returned a verdict of death, the court shall sentence
the defendant to death. Where a sentence of death is not returned by the jury, the court shall
sentence the defendant to life imprisonment without parole. This code section shall not affect
a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing
jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall
permit the parties to present arguments concerning the existence of aggravating and mitigating
circumstances and the proper sentence to be imposed in the case....
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