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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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13A-9-150
Section 13A-9-150 Public assistance fraud; penalties. (a) For the purposes of this section,
public assistance means money or property provided directly or indirectly to eligible persons
through programs of the federal government, the state, or any political subdivision thereof,
including any program administered by a public housing authority. (b) It shall be unlawful
for an individual or business entity to knowingly do any of the following: (1) Fail, by false
statement, misrepresentation, impersonation, or other fraudulent means, to disclose a material
fact used in making a determination as to the qualification of the person to receive public
assistance. (2) Fail to disclose a change in circumstances in order to obtain or continue
to receive any public assistance to which he or she is not entitled or in an amount larger
than that to which he or she is entitled. (3) Aid and abet another person in the commission
of the prohibitions enumerated in subdivisions (1) and (2). (4) Use,...
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12-15-202
Section 12-15-202 Rights of the child. (a) Rights of the child when taken into custody. When
a child is taken into custody, the person taking the child into custody shall inform the child
of all of the following, in language understandable to the child: (1) The reason that the
child is being taken into custody. (2) That the child has the right to communicate with his
or her parent, legal guardian, or legal custodian whether or not that person is present. If
necessary, reasonable means will be provided for the child to do so. (3) The child has the
right to communicate with an attorney. If the child does not have an attorney, one will be
appointed for him or her. If the child has an attorney who is not present, reasonable means
shall be provided for the child to communicate with the attorney. (b) Rights of the child
before being questioned while in custody. Before the child is questioned about anything concerning
the charge on which the child was taken into custody, the person asking the...
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17-11-3
Section 17-11-3 Absentee balloting generally. (a) Any qualified elector of this state may apply
for and vote an absentee ballot by mail, by hand delivery, or by commercial carrier, as determined
by rule by the Secretary of State, as provided in Sections 17-11-5 and 17-11-9, in any primary,
general, special, or municipal election, if he or she makes application in writing therefor
not less than five days prior to the election in which he or she desires to vote and meets
one or more of the following requirements: (1) The person expects to be out of the county
or the state, or the municipality for municipal elections, on election day. (2) The person
has any physical illness or infirmity which prevents his or her attendance at the polls, whether
he or she is within or without the county on the day of the election. (3) The person expects
to work a shift which has at least 10 hours which coincide with the hours the polls are open
at his or her regular polling place. (4) The person is...
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29-2-20
Section 29-2-20 Creation; composition; duties. (a) A permanent legislative committee which
shall be composed of eight members, two of whom shall be ex officio members and six of whom
shall be appointed members, three each to be appointed by the President of the Senate and
Speaker of the House, who shall both serve as the ex officio members, shall be formed to assist
in realizing the recommendations of the Legislative Prison Task Force and examine all aspects
of the operations of the Department of Corrections. The chairman of the committee shall be
selected by and from among the membership. The committee shall make diligent inquiry and a
full examination of Alabama's present and long term prison needs and they shall file reports
of their findings and recommendations to the Alabama Legislature not later than the fifteenth
legislative day of each regular session that the committee continues to exist. (b) The committee
shall study and address mental health issues for prisoners reentering...
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16-22-9
Section 16-22-9 Educational authority sick leave bank plans. (a) The following terms shall
have the following meanings, respectively: (1) CATASTROPHIC ILLNESS. Any illness, injury,
or pregnancy or medical condition related to childbirth, certified by a licensed physician
which causes the employee to be absent from work for an extended period of time. (2) CHIEF
EXECUTIVE OFFICER. The superintendent of any public county or city school system; the President
of the Alabama Institute for Deaf and Blind; the president of any two-year school or college
under the auspices of the State Board of Education; the President of Alabama Agricultural
and Mechanical University; the Superintendent of the Department of Youth Services School District;
the Executive Director of the Alabama School of Fine Arts; and the Executive Director of the
Alabama High School of Mathematics and Science. (3) EDUCATIONAL AUTHORITY or AUTHORITY or
BOARD. Each city and county board of education; the Board of Trustees of the...
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31-9-8
Section 31-9-8 Emergency powers of Governor. (a) The provisions of this section shall be operative
only during the existence of a state of emergency, referred to hereinafter as one of the states
of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed
by the Governor as provided in this subsection or by joint resolution of the Legislature if
the Governor in the proclamation or the Legislature in the resolution finds that an attack
upon the United States has occurred or is anticipated in the immediate future, or that a natural
disaster of major proportions or a public health emergency has occurred or is reasonably anticipated
in the immediate future within this state and that the safety and welfare of the inhabitants
of this state require an invocation of the provisions of this section. If the state of emergency
affects less than the entire state, the Governor or the Legislature shall designate in the
proclamation or resolution those counties to...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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13A-3-2
Section 13A-3-2 Intoxication. (a) Intoxication is not a defense to a criminal charge, except
as provided in subsection (c) of this section. However, intoxication, whether voluntary or
involuntary, is admissible in evidence whenever it is relevant to negate an element of the
offense charged. (b) When recklessness establishes an element of an offense and the actor
is unaware of a risk because of voluntary intoxication, his unawareness is immaterial in a
prosecution for that offense. (c) Involuntary intoxication is a defense to prosecution if
as a result the actor lacks capacity either to appreciate the criminality of his conduct or
to conform his conduct to the requirements of law. (d) Intoxication in itself does not constitute
mental disease or defect within the meaning of Section 13A-3-1. (e) In this section: (1) "Intoxication"
includes a disturbance of mental or physical capacities resulting from the introduction of
any substance into the body. (2) "Voluntary intoxication" means...
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13A-1-7
Section 13A-1-7 Applicability of title to offenses committed before and after enactment of
title. (a) The provisions of this title shall govern the construction of and punishment for
any offense defined in this title and committed after 12:01 A.M. January 1, 1980, as well
as the construction and application of any defense to a prosecution for such an offense. (b)
Unless otherwise expressly provided or unless the context otherwise requires, the provisions
of this chapter shall govern the construction of and punishment for any offense defined outside
this title and committed after the effective date thereof, as well as the construction and
application of any defense to a prosecution for such an offense. (c) The provisions of this
title do not apply to or govern the construction of and punishment for any offense committed
prior to 12:01 A.M. January 1, 1980, or the construction and application of any defense to
a prosecution of such an offense. Such an offense must be construed and...
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