13A-6-157
Section 13A-6-157 Civil action by victims; venue; relief awarded. (a) An individual who is
a victim of human trafficking may bring a civil action in the appropriate state court. (b)
Venue for any action brought under this section shall be in the county in which the offense
was committed or in any other county into or through which the person upon whom it was committed
may have been carried in the commission of the offense. If venue is proper in more than one
county, venue shall be in either county. (c) The court may award actual damages, compensatory
damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing
plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded
on proof of actual damages where defendant's acts were willful and malicious. (d) The court
shall award a prevailing plaintiff attorney's fees and costs. (e) Upon commencement of any
action brought under this section, the clerk of the court shall mail a copy...
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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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13A-5-46
Section 13A-5-46 Sentence hearing - Conducted before jury unless waived; trial jury to sit
unless impossible or impracticable; separation of jury; instructions to jury; advisory verdicts;
vote required; mistrial; waiver of right to advisory verdict. (a) Unless both parties with
the consent of the court waive the right to have the sentence hearing conducted before a jury
as provided in Section 13A-5-44(c), it shall be conducted before a jury which shall return
a verdict as provided by subsection (e) of this section. If both parties with the consent
of the court waive the right to have the hearing conducted before a jury, the trial judge
shall proceed to determine sentence without a verdict from a jury. Otherwise, the hearing
shall be conducted before a jury as provided in the remaining subsections of this section.
(b) If the defendant was tried and convicted by a jury, the sentence hearing shall be conducted
before that same jury unless it is impossible or impracticable to do so. If it...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender may be
admitted into a pretrial diversion program established under this division, it shall be appropriate
for the district attorney to consider any of the following circumstances: (1) If the offender
is 18 years of age or older at the time the offense was committed. (2) There is a probability
justice will be served if the offender is placed in the pretrial diversion program. (3) It
is determined the needs of the community and of the offender can be met through the pretrial
diversion program. (4) The offender appears to pose no substantial threat to the safety and
well-being of the community or law enforcement. (5) The offender is not likely to be involved
in further criminal activity. (6) The offender will likely respond to rehabilitative treatment.
(7) The expressed wish of the victim for the offender to participate in the pretrial diversion
program. (8) Undue hardship upon the victim. (9) Whether the...
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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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22-11F-3
Section 22-11F-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE UPON ADOPTION OF RULES BY THE DEPARTMENT OF PUBLIC HEALTH. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) Any youth athletics association that sponsors or conducts sports training
or high risk youth athletic activities for children age 14 years and younger shall require
all coaches and athletics personnel to complete an online or residence course approved by
the Department of Public Health, if available at no cost, which provides information and awareness
of actions and measures that may be used to decrease the likelihood that a youth athlete will
sustain a serious injury while engaged or participating in a high risk youth athletic activity.
(b) Any youth injury mitigation and information course required to be taken by a coach or
athletics personnel under this section, at a minimum, shall provide information on the following
subjects: (1) Emergency preparedness, planning, and...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
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13A-10-39
Section 13A-10-39 Bail jumping in the first degree. (a) The person commits the crime of bail
jumping in the first degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed murder or any Class A or B felony, he fails to appear
at the time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) Bail jumping in the first degree
is a Class C felony. (Acts 1977, No. 607, p. 812, §4620.)...
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13A-10-40
Section 13A-10-40 Bail jumping in the second degree. (a) A person commits the crime of bail
jumping in the second degree if, having been lawfully released from custody, with or without
bail, upon condition that he will subsequently appear at a specified time and place in connection
with a charge of his having committed any misdemeanor or Class C felony, he fails to appear
at that time and place. (b) It is a defense to prosecution under this section that the defendant's
failure to appear was unintentional or was unavoidable and due to circumstances beyond his
control. The burden of injecting the defense of an unintentional failure to appear, or unavoidability
and circumstances beyond his control, is on the defendant. (c) This section does not apply
to a person released from custody on condition that he will appear in connection with a charge
of having committed a misdemeanor in violation of Title 32 of this Code. (d) Bail jumping
in the second degree is a Class A misdemeanor. (Acts...
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13A-10-5
Section 13A-10-5 Refusing to aid peace officer. (a) A person commits the crime of refusing
to aid a peace officer if, upon command by a peace officer identified to him as such, he fails
or refuses to aid such peace officer in: (1) Effecting or securing a lawful arrest; or (2)
Preventing the commission by another person of any offense. (b) A person is not liable under
this section if the failure or refusal to aid the officer was reasonable under the circumstances.
The burden of injecting this issue is on the defendant, but this does not shift the burden
of proof. (c) Refusing to aid a peace officer is a Class C misdemeanor. (Acts 1977, No. 607,
p. 812, §4520.)...
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