32-20-2
Section 32-20-2 Definitions. For purposes of this chapter, the following terms shall have the
meanings respectively ascribed to them in this section, except where the context clearly indicates
a different meaning: (1) DEALER. A person licensed by the Alabama Manufactured Housing Commission
as a manufactured home retailer and engaged regularly in the business of buying, selling,
or exchanging manufactured homes in this state, and having an established place of business.
(2) DEPARTMENT. The Department of Revenue of this state. (3) DESIGNATED AGENT. Each judge
of probate, commissioner of licenses, director of revenue, or other county official in this
state authorized and required by law to issue motor vehicle license tags, unless otherwise
provided by law, who may perform his or her duties under this chapter personally or through
his or her deputies, or such other persons located in this state, as the department may designate.
The term shall also mean those dealers as herein defined who...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (2) A property offense. (3) An offense
wherein the victim did not receive serious physical injury. (4) An offense 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) A misdemeanor other than one specifically excluded in this section.
(6) A violation classified under this code. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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45-49-140.10
Section 45-49-140.10 Service charges - Levy and collection. (a) The expense of establishing
and maintaining a district shall be paid for by the proceeds of a service charge which shall
be levied and collected in an amount sufficient to pay the expense. The service charge shall
be levied upon and collected from persons and properties served by the system. Such charge
shall be a personal obligation of the owner of the property served by the system, and to secure
the collection of the charge there shall be a lien against the property in favor of the district,
which lien shall be enforceable by sale thereof in the same manner in which the foreclosure
of a municipal assessment for public improvements is authorized. (b) A property owner who
owns a structure, used solely as a residence, which at the time of its original construction
was situated on a county line, may avoid the payment of a service charge which is based upon
the presence of such structure, if all of the following: (1) Between...
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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor and the offender. The agreement shall include the terms of the pretrial diversion
program, the length of the program, and the period of time after which the municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
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20-2-190.2
Section 20-2-190.2 Electronic drug offender tracking system. (a) For the purposes of this section,
the following words shall have the following meanings: (1) DRUG RELATED CONVICTION. Any conviction
or plea of nolo contendere for the offense of possession, distribution, trafficking, or any
degree of manufacture of controlled substances, or drug paraphernalia. A drug related conviction
shall also include the inchoate crimes of attempt, solicitation, or conspiracy of any of the
drug related crimes. (2) DRUG OFFENDER. Any person who has any conviction listed in subdivision
(1). (b) Effective January 1, 2013, the State Bureau of Investigations shall implement a real-time
electronic drug offender tracking system to catalogue all criminal convictions in this state
of persons convicted of felonies or misdemeanors involving the possession, distribution, manufacture,
or trafficking of controlled substances. This catalogue shall include, but not be limited
to, paraphernalia convictions,...
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45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal offense
specified in subsection (b) whose jurisdiction is in the circuit or district court of the
Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged with any of
the following offenses may apply for the program: (1) Any traffic offense. (2) A property
offense. (3) An offense wherein the victim did not receive serious physical injury. (4) An
offense 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) A misdemeanor other than one specifically
excluded in this section. (c) The following offenses are ineligible for consideration for
the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
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45-18-81.22
Section 45-18-81.22 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
Thirty-fifth Judicial Circuit may apply to the District Attorney of the Thirty-fifth Judicial
Circuit for admittance to the pretrial diversion program. A person charged with any of the
following offenses may apply for the program: (1) A traffic offense. (2) A property offense.
(3) An offense in which the victim did not receive serious physical injury. (4) An offense
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) A misdemeanor other than one specifically excluded
in this section. (b) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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