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12-23-2
Section 12-23-2 Legislative findings and intent. The Legislature finds that the high incidence
of crimes which directly involve alcohol and drugs in this state is intolerable; that the
problems of alcohol and drug abuse among the citizens of Alabama are extensive and exist at
an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as
contributing factors in the commission of many crimes; that a concentrated and coordinated
state and local effort is needed to address the needs of Alabamians regarding such problems;
that a specialized system for screening, evaluating, educating, and rehabilitating defendants
convicted of alcohol and drug related offenses is required to address such problems; and that
adequate funding should be provided for this purpose. It is therefore the intent of the Legislature:
To establish a specialized court referral officer program to promote the evaluation, education
and rehabilitation of persons whose use or dependency on...
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15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions. (a) Upon a
complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant,
been committed, the judge or magistrate must examine the complainant and such witnesses as
he may propose on oath, take their depositions in writing and cause them to be subscribed
by the person making them. (b) The depositions must set forth the facts stated by the complainant
and his witnesses tending to establish the commission of the offense and the guilt of the
defendant. (Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code
1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218,
5219; Code 1940, T. 15, §§120, 121.)...
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22-27-6
Section 22-27-6 Authority to adopt resolution or ordinance; rules and regulations; noncompliance
as public nuisance; citation; court proceedings. (a) The county commission may by resolution
or ordinance provide for the orderly collection of fees charged under the provisions of this
article. Such commission may establish periodic payment systems and is authorized to purchase
necessary supplies and materials and employ personnel necessary to effectuate any such periodic
payment system. Such periodic payment system may be effected by the county through negotiation
with any one or more public or private utilities providing service in the county for the periodic
billing of such fees and the collection thereof on behalf of the county by one or more such
utilities. Any delinquency in any such payment shall constitute a violation of this article
and entitle the county to pursue any remedy provided in this article. The county may agree
to pay reasonable compensation to any such utility for its...
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12-19-150
Section 12-19-150 Legislative intent; assessment of fees in criminal cases; submission of cost
bill by municipal or district court clerk and making of final assessment of costs in circuit
court upon appeals from municipal or district courts to circuit courts. (a) It is hereby declared
to be the policy of the state that docket fees and other court costs in criminal cases shall
generally be assessed only upon conviction. It is further declared to be the policy of the
state that a creditor shall not use the criminal process in order to collect civil debts.
The state does recognize that situations will arise from time to time wherein justice may
best be served by allowing a judge to enter an order dismissing a case upon the payment of
costs by the defendant or by the complainant where the judge has determined that the criminal
process has been abused. (b) Docket fees and other court costs in criminal cases shall be
assessed upon conviction; provided that, in the interest of justice,...
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13A-2-4
Section 13A-2-4 Construction of statutes with respect to culpability requirements. (a) When
a statute defining an offense prescribes as an element thereof a specified culpable mental
state, such mental state is presumed to apply to every element of the offense unless the context
thereof indicates to the contrary. (b) Although no culpable mental state is expressly designated
in a statute defining an offense, an appropriate culpable mental state may nevertheless be
required for the commission of that offense, or with respect to some or all of the material
elements thereof, if the proscribed conduct necessarily involves such culpable mental state.
A statute defining a crime, unless clearly indicating a legislative intent to impose strict
liability, states a crime of mental culpability. (c) If a statute provides that criminal negligence
suffices to establish an element of an offense, that element also is established if a person
acts recklessly, knowingly or intentionally. If recklessness...
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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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15-19-1
Section 15-19-1 Investigation and examination by court to determine how tried; consent of minor
to trial without jury; arraignment as youthful offender; notice and hearing. (a) A person
charged with a crime which was committed in his or her minority but was not disposed of in
juvenile court and which involves moral turpitude or is subject to a sentence of commitment
for one year or more shall, and, if charged with a lesser crime may be investigated and examined
by the court to determine whether he or she should be tried as a youthful offender, provided
he or she consents to such examination and to trial without a jury where trial by jury would
otherwise be available to the defendant. If the defendant consents and the court so decides,
no further action shall be taken on the indictment or information unless otherwise ordered
by the court as provided in subsection (b). (b) After such investigation and examination,
the court, in its discretion, may direct that the defendant be arraigned...
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16-52-12
Section 16-52-12 Police officers - Powers and duties. The President of Jacksonville State University
may appoint or employ one or more suitable persons to act as police officers to keep off intruders
and prevent trespass upon and damage to the property and grounds of the university. Such persons
shall be charged with all the duties and invested with all the powers of police officers.
The officer may eject trespassers from the university buildings and grounds. The officer,
without a warrant, may arrest any persons who commit disorderly conduct or trespass on the
property of the university, or in any circumstance in which an arrest by a police officer
without a warrant is authorized by law, and carry them before the nearest district court or
municipal court charged with the trial of such offense. Upon proper affidavit charging the
offense, the person arrested may be tried by the court and convicted as in cases of persons
brought before the court on a warrant. The officer may summon a...
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32-5A-154
Section 32-5A-154 Overtaking and passing school bus or church bus; penalties and fines. (a)
The driver of a vehicle upon meeting or overtaking from either direction any school bus which
has stopped for the purpose of receiving or discharging any school children on a highway,
on a roadway, on school property, or upon a private road or any church bus which has stopped
for the purpose of receiving or discharging passengers shall bring the vehicle to a complete
stop before reaching the school or church bus when there is in operation on the school or
church bus a visual signal as specified in Section 32-5A-155. The driver shall not proceed
until the school or church bus resumes motion or is signaled by the school or church bus driver
to proceed or the visual signals are no longer actuated. (b) Every bus used for the transportation
of school children shall bear upon the front and rear thereof plainly visible signs containing
the words "school bus" in letters not less than eight inches in...
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36-18-24
Section 36-18-24 DNA database. (a) The director is hereby authorized and empowered to create
and establish a DNA database for the purposes of: (1) Assisting federal, state, county, municipal,
or local criminal justice and law enforcement officers or agencies in the putative identification,
detection, or exclusion of persons who are the subjects of investigations or prosecutions
of sex related crimes, other violent crimes, or other crimes in which biological evidence
is received or recovered. (2) Supporting identification research and protocol development
of DNA forensic methods. (3) Creating and maintaining DNA quality control standards. (4) Assisting
in the recovery or identification of human remains from natural or mass disasters. (5) Assisting
in other humanitarian purposes including the identification of missing, deceased, or unidentified
persons. (b) The DNA database shall contain DNA records which the director shall deem necessary
for the implementation of this article, and also...
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