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45-37A-270.23
Section 45-37A-270.23 Applicants for admittance. (a) Admittance into the pretrial diversion
program is in the sole discretion of the municipal court judge upon application approved by
the city prosecutor. An offender deemed by the city prosecutor to be a threat to the safety
or well-being of the community shall not be eligible for the program. An offender charged
with any of the following types of offenses without the express written consent of the victim
shall be ineligible for admittance: (1) Any offense involving violence or aggression resulting
in injury to a law enforcement officer. (2) Any offense involving eluding or attempting to
elude a law enforcement officer. (3) Any offense involving violence where a weapon was used
or where children are victims. (4) Any driving under the influence charge where serious physical
injuries are involved. (5) Any offense wherein the offender is a public official and the charge
is related to the capacity of the offender as a public official. (b)...
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32-2-120
Section 32-2-120 Creation of system; activation of alert; powers and duties; boundaries of
alert area; termination of alert; liability. (a) For the purposes of this section, the following
terms shall have the following meanings: (1) ALERT SYSTEM. The Blue Alert system. (2) DEPARTMENT.
The Department of Public Safety. (3) DIRECTOR. The Director of the Department of Public Safety.
(4) LAW ENFORCEMENT AGENCY. A law enforcement agency with jurisdiction over the search for
a suspect in a case involving the death or serious injury of a peace officer or an agency
employing a peace officer who is missing in the line of duty. (5) PEACE OFFICER. A person
who is certified to exercise the power of arrest under the laws of this state. (b) There is
established a statewide alert system known as Blue Alert which shall be developed and implemented
by the director, who is the statewide coordinator of the alert system. (c) The alert system
may be activated under either of the following circumstances: (1)...
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45-42-82.40
Section 45-42-82.40 Definitions. For purposes of this subpart, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
District Attorney of the Thirty-ninth Judicial Circuit as a condition precedent to participation
in a pretrial diversion program. (2) DISTRICT ATTORNEY. The elected District Attorney of the
Thirty-ninth Judicial Circuit or any staff employed by the district attorney. (3) LAW ENFORCEMENT.
As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT OFFICER. As defined
in subdivision (15) of Section 36-25-1, including, but not limited to, police personnel, sheriff
personnel, district attorney investigator, Department of Human Resources personnel, parole
and probation personnel, community corrections office personnel, and court referral office
personnel, whether employed in the State of Alabama or elsewhere. (5) OFFENDER. Any person
charged with a criminal offense, including, but not limited to, any...
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12-15-135
Section 12-15-135 Taking and disposition of fingerprints, photographs, blood samples. (a) Fingerprints
of a child who has been charged with a delinquent act shall be taken by the law enforcement
agency taking the child into custody. The prints may be retained in a local file and a copy
shall be filed with the Alabama Bureau of Investigation. (b) If latent fingerprints are found
during the investigation of a delinquent act and a law enforcement officer has reason to believe
that they are those of the child in custody, the officer may fingerprint the child regardless
of age or delinquent act for purpose of immediate comparison with the latent fingerprints.
The prints may be retained in a local file and copies shall be sent to the Alabama Bureau
of Investigation. (c) Special precautions shall be taken to ensure that the fingerprints will
be maintained in a manner and pursuant to safeguards as to limit their use to inspection for
comparison purposes by law enforcement officers or by staff...
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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For
the purposes of this section, sexually exploited child shall mean an individual under the
age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected
to sexual exploitation because he or she is any of the following: (1) A victim of the crime
of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged
in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime
of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b)
A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution
as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such
acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there
is a presumption that the child satisfies the definition of a sexually...
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13A-11-52
Section 13A-11-52 Carrying pistol on private property; who may carry pistol. Except as otherwise
provided in this article, no person shall carry a pistol about his person on private property
not his own or under his control unless the person possesses a valid concealed weapon permit
or the person has the consent of the owner or legal possessor of the premises; but this section
shall not apply to any law enforcement officer in the lawful discharge of the duties of his
office, or to United States marshal or his deputies, rural free delivery mail carriers in
the discharge of their duties as such, bonded constables in the discharge of their duties
as such, conductors, railway mail clerks and express messengers in the discharge of their
duties. (Acts 1919, No. 204, p. 196; Code 1923, §3487; Code 1940, T. 14, §163; Code 1975,
§13-6-122; Act 2013-283, p. 938, §2.)...
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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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36-25-27
Section 36-25-27 Penalties; enforcement; jurisdiction, venue, judicial review; limitations
period. (a)(1) Except as otherwise provided, any person subject to this chapter who intentionally
violates any provision of this chapter other than those for which a separate penalty is provided
for in this section shall, upon conviction, be guilty of a Class B felony. (2) Any person
subject to this chapter who violates any provision of this chapter other than those for which
a separate penalty is provided for in this section shall, upon conviction, be guilty of a
Class A misdemeanor. (3) Any person subject to this chapter who knowingly violates any disclosure
requirement of this chapter shall, upon conviction, be guilty of a Class A misdemeanor. (4)
Any person who knowingly makes or transmits a false report or complaint pursuant to this chapter
shall, upon conviction, be guilty of a Class A misdemeanor and shall be liable for the actual
legal expenses incurred by the respondent against whom the...
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41-27-5
Section 41-27-5 State Bureau of Investigations. (a) The State Bureau of Investigations is hereby
created in the Alabama State Law Enforcement Agency. The bureau shall succeed to and be vested
with all powers of the Alabama Bureau of Investigation. A reference in any law to the Alabama
Bureau of Investigation shall be deemed a reference to the State Bureau of Investigations.
(b) The position of Director of the State Bureau of Investigations is created. The director
shall be appointed by the Secretary of the Alabama State Law Enforcement Agency, after consultation
with the Governor, and shall hold office at the pleasure of the secretary. The director shall
be appointed from a legacy agency as defined in Section 41-27-7. The salary of the director
shall be set by the secretary, and shall not be subject to Section 36-6-6. A person appointed
director shall have an extensive law enforcement background and, by virtue of office, is a
state law enforcement officer with the immunity set forth in...
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45-27-82.21
Section 45-27-82.21 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Twenty-first Judicial Circuit of Alabama may apply to the District Attorney of the Twenty-first
Judicial Circuit for admittance to the pretrial diversion program. A person charged with any
of the following may apply for the program: (1) Drug offenses as provided in Section 12-23-5.
(2) Property offenses. (3) Offenses wherein the victim did not receive serious physical injury.
(4) Offenses in which the victim was not a child under 14 years of age, a law enforcement
officer, a school official, or a correctional officer. (5) All misdemeanors other than traffic
or conservation offenses. (b) No persons charged with a Class A felony or a crime that involved
serious injury to a person or death shall be eligible for pretrial diversion. (c) Any person
deemed by the district attorney to be a threat to the safety or...
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