12-14-91
Section 12-14-91 Admittance into program; completion of program; eligibility; liability under
program. (a) A person charged with a criminal offense under the jurisdiction of the municipal
court in a municipality that has established a pretrial diversion program may apply to the
court for admittance to the program. (b) Upon receipt of the application and recommendation
of the municipal prosecutor, the judge shall determine whether to grant the individual admittance
to the program. (c) Upon admittance to the program, the individual shall be required to enter
a plea of guilty at which time the case shall be placed in an administrative docket until
such time as the offender has completed all requirements of the pretrial diversion program.
Imposition of any sentence shall be deferred until such time as the offender completes the
pretrial diversion program or is terminated from the program. (d) In the event the offender
does not satisfactorily complete the program and all terms thereof, the...
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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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13A-10-210
Section 13A-10-210 Criminal possession of explosives. Any criminal act committed by a person,
any civil action initiated by any party, or pending criminal or civil matter relating to Section
13A-7-44, or as a result of a person's conduct attributed to Section 13A-7-44, is hereby saved
and may be continued and consummated according to the law in force when it was commenced.
Furthermore, it is the intent of this section that the enactment of Act 2009-718 shall not
be construed to affect any prosecution of any criminal or civil proceeding pending or begun
before August 1, 2009, and Section 13A-7-44 is repealed as a result thereof. (Act 2009-718,
p. 2115, §24.)...
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13A-3-22
Section 13A-3-22 Execution of public duty. Unless inconsistent with other provisions of this
article, or with some other provision of law, conduct which would otherwise constitute an
offense is justifiable and not criminal when it is required or authorized by law or by a judicial
decree or is performed by a public servant in the reasonable exercise of his official powers,
duties or functions. (Acts 1977, No. 607, p. 812, §605; Acts 1979, No. 79-471, p. 862, §1.)...

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13A-5-51
Section 13A-5-51 Mitigating circumstances - Generally. Mitigating circumstances shall include,
but not be limited to. the following: (1) The defendant has no significant history of prior
criminal activity; (2) The capital offense was committed while the defendant was under the
influence of extreme mental or emotional disturbance; (3) The victim was a participant in
the defendant's conduct or consented to it; (4) The defendant was an accomplice in the capital
offense committed by another person and his participation was relatively minor; (5) The defendant
acted under extreme duress or under the substantial domination of another person; (6) The
capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct
to the requirements of law was substantially impaired; and (7) The age of the defendant at
the time of the crime. (Acts 1981, No. 81-178, §13.)...
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13A-6-127
Section 13A-6-127 Defenses. (a) It shall not be a defense to prosecution under this article:
(1) That an undercover operative or law enforcement officer was involved in the detection
and investigation of an offense; or (2) That a meeting as described in this article did not
occur. (b) An owner or operator of a computer on-line service, weblog, Internet service, or
Internet bulletin board service shall not be liable for facilitating the on-line solicitation
of a child for permitting an undercover operative or law enforcement officer to use an on-line
service to detect and investigate unlawful activity related to the on-line solicitation of
a child. (Act 2009-745, p. 2233, §8.)...
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15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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34-25B-2
Section 34-25B-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) FELONY. A criminal offense that is defined and punishable under the laws of
this state, or an offense committed outside the State of Alabama, which if committed in this
state, would constitute a felony under Alabama law; a crime in any other state or a crime
against the United States which is designated as a felony; or an offense in any other state,
territory, or country punishable by imprisonment for a term exceeding one year. (2) PRIVATE
INVESTIGATION. The compensated act of any individual or company engaging in the business of
obtaining or furnishing information with reference to any of the following: a. A crime committed
or threatened against the United States or any state or territory of the United States. b.
The identity, habits, conduct, business, occupation, honesty, integrity, credibility, including,
but not limited to, the credibility of a person giving testimony...
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45-45-232.02
Section 45-45-232.02 Forfeiture of weapons. (a) Any device which is used as a weapon in the
commission of a crime against any person or any device which is used as a weapon in any attempt
to commit any crime against any person, and any weapon or device possessed during any violation
of the laws concerning controlled substances, and any weapon or device found on or about the
person of any juvenile regardless of whether or not they are charged or convicted of a crime,
and any weapon for which a person has been convicted of the crime of carrying a concealed
weapon, and any weapon or device which is found on or about the person of any person who is
prohibited by law from carrying or possessing the device or weapon, and any device or weapon
which is abandoned or otherwise found and the lawful owner cannot be located is hereby declared
to be contraband, forfeited, and becomes property of the State of Alabama; provided, however,
that a motor vehicle shall not be deemed to be a device or...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge of any
circuit court or district court having reason to believe that the testimony of any convict
serving a sentence in the penitentiary or to hard labor for the county is necessary in any
criminal prosecution for the state and that other evidence cannot be obtained on behalf of
the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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