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34-24-361
Section 34-24-361 Investigations; reporting offenses; proceedings and actions; privileged information.
(a)(1) The State Board of Medical Examiners on its own motion may investigate any evidence
which appears to show that a physician or osteopath holding a certificate of qualification
to practice medicine or osteopathy in the State of Alabama is or may be guilty of any of the
acts, offenses, or conditions set out in Section 34-24-360. As part of its investigation,
the board may require a criminal history background check of the physician or osteopath. In
such event, the physician or osteopath shall submit a complete set of fingerprints to the
State Board of Medical Examiners. The board shall submit the fingerprints provided by the
physician or osteopath to the Alabama Bureau of Investigation (ABI). The fingerprints shall
be forwarded by the ABI to the Federal Bureau of Investigation (FBI) for a national criminal
history record check. Costs associated with conducting a criminal history...
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45-2-84.02
Section 45-2-84.02 Definitions. As used in this part, the following words shall have the following
meanings: (1) BALDWIN COUNTY COMMUNITY CORRECTIONS CENTER. The entity, programs, or physical
structure which shall provide the programs or custodial care for eligible persons released
from custody prior to the adjudication of their case or sentenced to participate in programs
developed pursuant to this part after having been adjudicated and sentenced. (2) BALDWIN COUNTY
COMMUNITY CORRECTIONS FUND. A fund established in a local bank and supervised by either the
Baldwin County Commission, the Baldwin County Sheriff's Office, or the Baldwin County Pretrial
Release and Community Corrections Board for the deposit of all funds, from whatever source,
collected for the operation and supervision of the programs developed and operated pursuant
to this part. The agency superintending the Baldwin County Community Corrections Center shall
supervise and manage this account. Funds deposited into this...
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13A-2-23
Section 13A-2-23 Criminal liability based upon behavior of another - Complicity. A person is
legally accountable for the behavior of another constituting a criminal offense if, with the
intent to promote or assist the commission of the offense: (1) He procures, induces or causes
such other person to commit the offense; or (2) He aids or abets such other person in committing
the offense; or (3) Having a legal duty to prevent the commission of the offense, he fails
to make an effort he is legally required to make. (Acts 1977, No. 607, p. 812, §415.)...
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13A-2-25
Section 13A-2-25 Criminal liability based upon behavior of another - Certain defenses not available.
In a prosecution for an offense in which criminal liability is based upon the behavior of
another person pursuant to this article, it is no defense that: (1) Such other person has
not been prosecuted for or convicted of any offense based upon the behavior in question, or
has been previously acquitted thereof, or has been convicted of a different offense or degree
of offense. (2) The defendant belongs to a class of persons who, by definition of the offense,
are legally incapable of committing the offense in an individual capacity. (Acts 1977, No.
607, p. 812, §425.)...
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13A-2-2
Section 13A-2-2 Definitions - Definitions of culpable mental state. The following definitions
apply to this Criminal Code: (1) INTENTIONALLY. A person acts intentionally with respect to
a result or to conduct described by a statute defining an offense, when his purpose is to
cause that result or to engage in that conduct. (2) KNOWINGLY. A person acts knowingly with
respect to conduct or to a circumstance described by a statute defining an offense when he
is aware that his conduct is of that nature or that the circumstance exists. (3) RECKLESSLY.
A person acts recklessly with respect to a result or to a circumstance described by a statute
defining an offense when he is aware of and consciously disregards a substantial and unjustifiable
risk that the result will occur or that the circumstance exists. The risk must be of such
nature and degree that disregard thereof constitutes a gross deviation from the standard of
conduct that a reasonable person would observe in the situation. A person...
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13A-2-6
Section 13A-2-6 Effect of ignorance or mistake upon liability. (a) A person is not relieved
of criminal liability for conduct because he engages in that conduct under a mistaken belief
of fact unless: (1) His factual mistake negatives the culpable mental state required for the
commission of an offense; or (2) The statute defining the offense or a statute related thereto
expressly provides that such a factual mistake constitutes a defense or exemption; or (3)
The factual mistake is of a kind that supports a defense of justification as defined in Article
2 of Chapter 3 of this title. (b) A person is not relieved of criminal liability for conduct
because he engages in that conduct under a mistaken belief that it does not, as a matter of
law, constitute an offense, unless his mistaken belief is founded upon an official statement
of the law contained in a statute or the latest judicial decision of the highest state or
federal court which has decided on the matter. (c) The burden of...
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13A-4-5
Section 13A-4-5 Consummation of object offense not defense to prosecution; multiple convictions
on basis of same course of conduct. (a) It is no defense to a prosecution for criminal solicitation,
Section 13A-4-1, attempt, Section 13A-4-2, or criminal conspiracy, Section 13A-4-3, that the
offense solicited, attempted or conspired was actually committed. (b) A person may not be
convicted on the basis of the same course of conduct of both the actual commission of an offense
and: (1) An attempt to commit the offense; or (2) Criminal solicitation of the offense; or
(3) Criminal conspiracy of the offense. (c) A person may not be convicted of more than one
of the offenses defined in Sections 13A-4-1, 13A-4-2 and 13A-4-3 for a single course of conduct
designed to commit or to cause the commission of the same crime. (Acts 1977, No. 607, p. 812,
§1020.)...
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13A-2-3
Section 13A-2-3 Requirements for criminal liability in general and for offenses of strict liability
and of mental culpability. The minimum requirement for criminal liability is the performance
by a person of conduct which includes a voluntary act or the omission to perform an act which
he is physically capable of performing. If that conduct is all that is required for commission
of a particular offense, or if an offense or some material element thereof does not require
a culpable mental state on the part of the actor, the offense is one of "strict liability."
If a culpable mental state on the part of the actor is required with respect to any material
element of an offense, the offense is one of "mental culpability." (Acts 1977, No.
607, p. 812, §310.)...
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45-35A-56
Section 45-35A-56 Definitions. For the purposes of this part, the following terms shall have
the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed by the
City of Dothan as a condition precedent to participating in a pretrial diversion program.
(2) CITY ATTORNEY. The city attorney of the City of Dothan or any legal staff employed by
the city 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, whether employed
in this state or elsewhere. (5) OFFENDER. Any person charged with a criminal offense including,
but not limited to, any misdemeanor, violation, or traffic offense, as defined by existing
law, which was allegedly committed within the corporate limits or police jurisdiction of the
City of Dothan. (6) PRETRIAL DIVERSION PROGRAM or PROGRAM. A program that allows the imposition
by the city or by a designated agency of certain conditions of behavior...
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45-14-233
Section 45-14-233 Law enforcement authority of community corrections director and employees.
(a) The Director of the Clay County Community Corrections Program and employees of the program
shall constitute law enforcement officers of the State of Alabama with authority to make arrests
and serve arrest and search warrants in the performance of their official duties to the same
extent as deputy sheriffs are authorized and empowered in the counties, so long as he or she
holds a current certification from the Alabama Peace Officers' Standards and Training Commission.
The powers of arrest under this section shall be limited to investigations and arrests involving
criminal acts committed at facilities of the program and acts committed by persons under their
supervision which constitute a violation of supervision or the commission of a criminal offense.
The program director or any community corrections employee with law enforcement authority
may arrest any person under his or her supervision...
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