13A-5-48
Section 13A-5-48 Process of weighing aggravating and mitigating circumstances defined. The process described in Sections 13A-5-46(e)(2), 13A-5- 46(e)(3) and Section 13A-5-47(e) of weighing the aggravating and mitigating circumstances to determine the sentence shall not be defined to mean a mere tallying of aggravating and mitigating circumstances for the purpose of numerical comparison. Instead, it shall be defined to mean a process by which circumstances relevant to sentence are marshalled and considered in an organized fashion for the purpose of determining whether the proper sentence in view of all the relevant circumstances in an individual case is life imprisonment without parole or death. (Acts 1981, No. 81-178, p. 203, §10.)...
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25-7-2
Section 25-7-2 Definitions. When used in this article, the terms defined in this section shall have the meanings herein ascribed to them, unless it clearly appears from the context that some other meaning is indicated: (1) LABOR ORGANIZATION or LABOR UNION. Every organization, association, group, union, lodge, local, branch, or subdivision thereof, whether incorporated or not, having within its membership employees working in the State of Alabama, organized for the purpose of dealing with employer or employers concerning hours of employment, rates of pay or the tenure or other terms or conditions of employment, but such term or terms shall not include any labor organization or labor union the members of which are subject to the Act of Congress known as the Railway Labor Act. (2) LABOR DISPUTE. Any controversy concerning terms, tenure, or conditions of employment or concerning the association or representation of persons in negotiating, fixing, maintaining, changing, or seeking to...
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13A-1-8
Section 13A-1-8 Procedural matters; civil liabilities not affected by title; prosecution when more than one offense. (a)(1) Except as otherwise provided herein, the procedure governing the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated by this title. (2) This title does not bar, suspend, or otherwise affect any right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in the proceeding constitutes an offense defined in this title. (b) When the same conduct of a defendant may establish the commission of more than one offense, the defendant may be prosecuted for each such offense. He may not, however, be convicted of more than one offense if: (1) One offense is included in the other, as defined in Section 13A-1-9; or (2) One offense consists only of a conspiracy or other form of preparation to commit the other; or (3)...
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13A-12-260
Section 13A-12-260 Drug paraphernalia; use or possession; delivery or sale; forfeiture. (a) Definition of "drug paraphernalia". As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state. It includes but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived; (2) Kits used, intended for use, or designed for use in manufacturing,...
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13A-2-24
Section 13A-2-24 Criminal liability based upon behavior of another - Exceptions. Unless otherwise provided by the statute defining the offense, a person shall not be legally accountable for behavior of another constituting a criminal offense if: (1) He is a victim of that offense; or (2) The offense is so defined that his conduct is inevitably incidental to its commission; or (3) Prior to the commission of the offense, he voluntarily terminated his effort to promote or assist its commission and either gave timely and adequate warning to law enforcement authorities, or to the intended victim, or wholly deprived his complicity of its effectiveness in the commission of the offense. The burden of injecting this issue is on the defendant, but this does not shift the burden of proof. (Acts 1977, No. 607, p. 812, §420.)...
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13A-5-11
Section 13A-5-11 Fines for felonies. (a) A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations: (1) For a Class A felony, not more than $60,000; (2) For a Class B felony, not more than $30,000; (3) For a Class C felony, not more than $15,000; (4) For a Class D felony, not more than $7,500; or (5) Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense. (b) As used in this section, "gain" means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. "Value" shall be determined by the standards established in subdivision (14) of Section 13A-8-1. (c) The court may conduct a hearing upon the issue of defendant's gain or the victim's loss from the crime...
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15-22-50
Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted person on probation. Circuit courts and district courts, subject to the provisions and conditions hereinafter provided, may suspend execution of sentence and place on probation any person convicted of a crime in any court exercising criminal jurisdiction. The defendant shall not be permitted to waive placement on probation by the sentencing court. The court shall have no power to suspend the execution of sentence imposed upon any person who has been found guilty and whose punishment is fixed at death or imprisonment in the penitentiary for more than 15 years. Except as provided in the preceding sentence, the court, after a plea of guilty, after the returning of a verdict of guilty by the jury or after the entry of a judgment of guilty by the court, may suspend execution of sentence and place the defendant on probation, or may impose a fine within the limits fixed by law and also place the...
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15-23-72
Section 15-23-72 Right to pre-sentence information. The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following: (1) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant. (2) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following: a. The existence and function of the pre-sentence report. b. The name, address, and telephone number of the office of the Board of Pardons and Paroles which is preparing the pre-sentence report. c. The right to make a victim impact statement. d. The right of the defendant to view the pre-sentence report. e. The right to be present and be heard at any sentencing proceeding. f. The time, place, and date of the sentencing proceeding. g. If the court orders restitution, the...
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25-4-8
Section 25-4-8 Employer. (a) Employer, as used in this chapter, prior to January 1, 1978, shall mean any employing unit which was so defined in this chapter prior to such date. After December 31, 1977, except as otherwise provided in this chapter, employer, as used in this chapter shall mean: (1) Any employing unit which, after December 31, 1977: a. In any calendar quarter in either the current or preceding calendar year paid, for service in employment, wages of one thousand five hundred dollars ($1,500) or more; or b. For some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one individual (irrespective of whether the same individual was in employment in each such day). (2) Any employing unit which, having become an employer under this chapter, has not under Sections 25-4-130 and 25-4-131 ceased to be an employer subject to this chapter. (3) For the...
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45-39-221.03
Section 45-39-221.03 Powers of tourism board. (a) The tourism board may conduct programs and events, including, but not limited to, programs of information and publicity, sporting events, and other public events to attract tourists and visitors to the county. The tourism board may conduct programs or events in the state and elsewhere and expend its funds in the furtherance of such programs and events in the state and elsewhere. (b) The tourism board may enter into contracts with any person, firm, corporation, or association to carry out the purposes set forth herein. No contract entered into by the tourism board shall bind either the state, the county, or any municipality. (c) The tourism board shall have the following additional powers, together with all powers incidental thereto or necessary to the discharge thereof in corporate form: (1) To sue and be sued in its own name in civil suits and actions, and to defend suits and actions against it, including suits and actions ex delicto...
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