|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-46.htm - 4K - Match Info - Similar pages
12-25-32
Section 12-25-32 Definitions. For the purposes of this article, the following terms have the
following meanings: (1) COMMISSION. The Alabama Sentencing Commission, established as a state
agency under the Supreme Court by this chapter. (2) CONTINUUM OF PUNISHMENTS. An array of
punishment options, from probation to incarceration, graduated in restrictiveness according
to the degree of supervision of the offender including, but not limited to, all of the following:
a. Active Incarceration. A sentence, other than an intermediate punishment or unsupervised
probation, that requires an offender to serve a sentence of imprisonment. The term includes
time served in a work release program operated as a custody option by the Alabama Department
of Corrections or in the Supervised Intensive Restitution program of the Department of Corrections
pursuant to Article 7, commencing with Section 15-18-110, of Chapter 18 of Title 15. b. Intermediate
Punishment. A sentence that may include assignment to any...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-25-32.htm - 11K - Match Info - Similar pages
12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-133.htm - 7K - Match Info - Similar pages
13A-10-15
Section 13A-10-15 Terrorist threats. (a) A person commits the crime of making a terrorist threat
when he or she credibly, based on an objective evaluation, threatens to commit a crime of
violence against a person or to damage any property by use of a bomb, explosive, weapon of
mass destruction, firearm, deadly weapon, or other mechanism and any of the following: (1)
The threat causes the evacuation of any real property, as defined under this section. (2)
The threat causes the disruption of school, church, or government activity. (3) The threat
is with intent to retaliate against the victim because of his or her involvement or participation
as any of the following: a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative
proceeding. c. A person who provided to a law enforcement officer, adult or juvenile probation
officer, prosecuting attorney, or judge any information relating to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-10-15.htm - 3K - Match Info - Similar pages
27-55-2
Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following
meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household
member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting
to cause or intentionally, knowingly, or recklessly causing another person, including a minor
child, bodily injury, severe emotional injury, or psychological trauma or conduct which constitutes
the crime of rape. b. Intentionally following another person, including a minor child, without
proper authority, under circumstances that place the person in reasonable fear of bodily injury
or physical harm. c. Subjecting another person, including a minor child, to false imprisonment
or kidnapping. d. Attempting to cause or intentionally, knowingly, or recklessly causing damage
to property to intimidate or attempt to control the behavior of another person, including
a minor child. e. Assault, child abuse, criminal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-55-2.htm - 5K - Match Info - Similar pages
15-23-3
Section 15-23-3 Definitions. As used in this article the following words shall include, but
are not limited to the following meanings unless the context clearly requires a different
meaning: (1) COMMISSION. The Alabama Crime Victims Compensation Commission as created by Section
15-23-4. (2) CRIMINALLY INJURIOUS CONDUCT. Criminally injurious conduct includes any of the
following acts: a. An act occurring or attempted within the geographical boundaries of this
state which results in serious personal injury or death to a victim for which punishment by
fine, imprisonment, or death may be imposed. b. An act occurring or attempted outside the
geographical boundaries of this state in another state of the United States of America which
is punishable by fine, imprisonment, or death and which results in personal injury or death
to a citizen of this state, and shall include an act of terrorism, as defined in Section 2331
of Title 18, United States Code, committed outside of the United States,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-23-3.htm - 8K - Match Info - Similar pages
15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers is
hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-9-81.htm - 18K - Match Info - Similar pages
33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification
or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of
Conservation and Natural Resources may cancel any boater safety certification upon determining
that the holder of the certification was not entitled to the issuance or that the holder failed
to give the correct or required information in the application for certification. Upon cancellation
the holder shall surrender the certification cancelled and any duplicate. A holder who refuses
to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor,
punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege
of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be
subject to suspension or revocation by the commissioner in like manner and for like cause
as a boater safety certification may be suspended or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/33-5-75.htm - 10K - Match Info - Similar pages
38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-13-4.htm - 9K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-5-50.htm - 8K - Match Info - Similar pages
|