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22-55-1
Section 22-55-1 Enactment of compact; terms. The Interstate Compact on Mental Health is hereby
enacted into law and entered into by this state with all other states legally joining therein
in the form substantially as follows: INTERSTATE COMPACT ON MENTAL HEALTH The contracting
states solemnly agree that: Article I The party states find that the proper and expeditious
treatment of the mentally ill and mentally deficient can be facilitated by cooperative action
to the benefit of the patients, their families and society as a whole. Further, the party
states find the necessity of and desirability for furnishing such care and treatment bear
no primary relation to the residence or citizenship of the patient but that, on the contrary,
the controlling factors of community safety and humanitarianism require that facilities and
services be made available for all who are in need of them. Consequently, it is the purpose
of this compact and of the party states to provide the necessary legal basis...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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13A-5-52
Section 13A-5-52 Mitigating circumstances - Inclusion of defendant's character, record, etc.
In addition to the mitigating circumstances specified in Section 13A-5-51, mitigating circumstances
shall include any aspect of a defendant's character or record and any of the circumstances
of the offense that the defendant offers as a basis for a sentence of life imprisonment without
parole instead of death, and any other relevant mitigating circumstance which the defendant
offers as a basis for a sentence of life imprisonment without parole instead of death. (Acts
1981, No. 81-178, ยง14.)...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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13A-5-47
Section 13A-5-47 Determination of sentence by court; presentation of arguments on aggravating
and mitigating circumstances; court to enter written findings. (a) After the sentence hearing
has been conducted, and after the jury has returned a verdict, or after such a verdict has
been waived as provided in Section 13A-5-46(a) or Section 13A-5-46(g), the trial court shall
impose sentence. Where the jury has returned a verdict of death, the court shall sentence
the defendant to death. Where a sentence of death is not returned by the jury, the court shall
sentence the defendant to life imprisonment without parole. This code section shall not affect
a trial court's power to sentence in accordance with a guilty plea. (b) Where the sentencing
jury is waived pursuant to Section 13A-5-44 and before imposing sentence the trial court shall
permit the parties to present arguments concerning the existence of aggravating and mitigating
circumstances and the proper sentence to be imposed in the case....
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13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an action
for an offense defined by this article where the victim is not a minor shall be brought within
five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving
the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until
such time as the victim has reached the age of 19 years. (3) The running of the statute of
limitations shall be suspended where a person entitled to bring a claim of an offense defined
by this article could not have reasonably discovered the crime due to circumstances resulting
from the human trafficking situation, such as psychological trauma, cultural and linguistic
isolation, and the inability to access services. (b) Any statute of limitation period imposed
for the filing of a civil action under this article will...
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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-5-43
Section 13A-5-43 Trial of capital offenses; discharge of defendant; lesser included offenses;
sentencing. (a) In the trial of a capital offense the jury shall first hear all the admissible
evidence offered on the charge or charges against the defendant. It shall then determine whether
the defendant is guilty of the capital offense or offenses with which he is charged or of
any lesser included offense or offenses considered pursuant to Section 13A-5-41. (b) If the
defendant is found not guilty of the capital offense or offenses with which he is charged,
and not guilty of any lesser included offense or offenses considered pursuant to Section 13A-5-41,
the defendant shall be discharged. (c) If the defendant is found not guilty of the capital
offense or offenses with which he is charged, and is found guilty of a lesser included offense
or offenses considered pursuant to Section 13A-5-41, sentence shall be determined and imposed
as provided by law. (d) If the defendant is found guilty of a...
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15-22-51
Section 15-22-51 Investigation by probation officer. (a) When directed by the court, a probation
officer shall fully investigate and report to the court in writing the circumstances of the
offense, criminal record, social history and present condition of a defendant through use
of a validated risk and needs assessment, as defined in Section 12-25-32. No defendant, unless
the court shall otherwise direct, shall be placed on probation or released under suspension
of sentence until the report of such investigation shall have been presented to and considered
by the court; provided, however, that after conviction the court may continue the case for
such time as may be reasonably necessary to enable the probation officer to make his investigation
and report. (b) Whenever practicable, such investigation shall include physical and mental
examinations of the defendant; and, if such defendant is committed to an institution, a copy
of the report of such investigation shall be sent to the...
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13A-10-152
Section 13A-10-152 Crime of terrorism. (a) A person is guilty of a crime of terrorism when,
with intent to intimidate or coerce a civilian population, influence the policy of a unit
of government by intimidation or coercion, or affect the conduct of a unit of government by
murder, assassination, or kidnapping, he or she commits a specified offense. (b)(1) When a
person is convicted pursuant to this section, and the specified offense is a Class B or Class
C felony, the crime of terrorism shall be deemed to be one class higher than the specified
offense the defendant committed, or one class higher than the offense level applicable to
the defendant's conviction for an attempt or conspiracy to commit the specified offense, whichever
is applicable. (2) Notwithstanding any other provision of law, when a person is convicted
of a crime of terrorism pursuant to this article, and the specified offense is a Class A felony
other than murder, the sentence upon conviction of the offense shall be...
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