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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence
structure, including laws, policies, and practices, and to determine and recommend to the
Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and
other aspects of sentencing policies and practices appropriate for the state which: (1) Secure
the public safety of the state by providing a swift and sure response to the commission of
crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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13A-11-61.2
Section 13A-11-61.2 Possession of firearms in certain places. (a) In addition to any other
place limited or prohibited by state or federal law, a person, including a person with a permit
issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, may not knowingly
possess or carry a firearm in any of the following places without the express permission of
a person or entity with authority over the premises: (1) Inside the building of a police,
sheriff, or highway patrol station. (2) Inside or on the premises of a prison, jail, halfway
house, community corrections facility, or other detention facility for those who have been
charged with or convicted of a criminal or juvenile offense. (3) Inside a facility which provides
inpatient or custodial care of those with psychiatric, mental, or emotional disorders. (4)
Inside a courthouse, courthouse annex, a building in which a district attorney's office is
located, or a building in which a county commission or city council is...
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13A-2-4
Section 13A-2-4 Construction of statutes with respect to culpability requirements. (a) When
a statute defining an offense prescribes as an element thereof a specified culpable mental
state, such mental state is presumed to apply to every element of the offense unless the context
thereof indicates to the contrary. (b) Although no culpable mental state is expressly designated
in a statute defining an offense, an appropriate culpable mental state may nevertheless be
required for the commission of that offense, or with respect to some or all of the material
elements thereof, if the proscribed conduct necessarily involves such culpable mental state.
A statute defining a crime, unless clearly indicating a legislative intent to impose strict
liability, states a crime of mental culpability. (c) If a statute provides that criminal negligence
suffices to establish an element of an offense, that element also is established if a person
acts recklessly, knowingly or intentionally. If recklessness...
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13A-3-27
Section 13A-3-27 Use of force in making an arrest or preventing an escape. (a) A peace officer
is justified in using that degree of physical force which he reasonably believes to be necessary,
upon a person in order: (1) To make an arrest for a misdemeanor, violation or violation of
a criminal ordinance, or to prevent the escape from custody of a person arrested for a misdemeanor,
violation or violation of a criminal ordinance, unless the peace officer knows that the arrest
is unauthorized; or (2) To defend himself or a third person from what he reasonably believes
to be the use or imminent use of physical force while making or attempting to make an arrest
for a misdemeanor, violation or violation of a criminal ordinance, or while preventing or
attempting to prevent an escape from custody of a person who has been legally arrested for
a misdemeanor, violation or violation of a criminal ordinance. (b) A peace officer is justified
in using deadly physical force upon another person when...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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13A-5-13
Section 13A-5-13 Crimes motivated by victim's race, color, religion, national origin, ethnicity,
or physical or mental disability. (a) The Legislature finds and declares the following: (1)
It is the right of every person, regardless of race, color, religion, national origin, ethnicity,
or physical or mental disability, to be secure and protected from threats of reasonable fear,
intimidation, harassment, and physical harm caused by activities of groups and individuals.
(2) It is not the intent, by enactment of this section, to interfere with the exercise of
rights protected by the Constitution of the State of Alabama or the United States. (3) The
intentional advocacy of unlawful acts by groups or individuals against other persons or groups
and bodily injury or death to persons is not constitutionally protected when violence or civil
disorder is imminent, and poses a threat to public order and safety, and such conduct should
be subjected to criminal sanctions. (b) The purpose of this...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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34-4-29
Section 34-4-29 Revocation or suspension - Procedure generally; grounds; notice and hearing
required before denial, suspension, or revocation; administrative fines. (a) The board may
revoke or suspend licenses as provided in this section. (b) The board may, upon its own motion,
and shall, upon the verified complaint in writing of any person containing evidence, documentary
or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer,
apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing
on the complaint. (c) The board may suspend or revoke any license which has been issued based
on false or fraudulent representations. The board may also suspend or revoke the license of
any licensee for any of the following acts: (1) Making any substantial misrepresentation.
(2) Pursuing a continued and flagrant course of misrepresentation or making false promises
through agents, advertising, or otherwise. (3) Accepting valuable...
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34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
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