Code of Alabama

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45-8A-23.178
Section 45-8A-23.178 When contracts and expenditures prohibited. No officer, department, or
agency shall, during any budget year, expend or contract to expend any money or incur any
liability, or enter into any contract which by its terms involves the expenditure of money,
for any purpose, in excess of the amounts appropriated for that general classification of
expenditure pursuant to this part. Any contract, verbal or written, made in violation of this
part shall be null and void. Any officer or employee of the city who shall violate this section
shall be guilty of a misdemeanor and, upon conviction thereof, shall cease to hold his or
her office or employment. Nothing in this section contained, however, shall prevent the making
of contracts or the spending of money for capital improvements to be financed in whole or
in part by the issuance of bonds, nor the making of contracts of lease or for services for
a period exceeding the budget year in which such contract is made, when such...
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13A-5-42
Section 13A-5-42 Guilty plea; burden of proof upon state; waiver; sentencing. A defendant who
is indicted for a capital offense may plead guilty to it, but the state, only in cases where
the death penalty is to be imposed, must prove the defendant's guilt of the capital offense
beyond a reasonable doubt to a jury. The guilty plea may be considered in determining whether
the state has met that burden of proof. The guilty plea shall have the effect of waiving all
non-jurisdictional defects in the proceeding resulting in the conviction except the sufficiency
of the evidence. A defendant convicted of a capital offense after pleading guilty to it shall
be sentenced according to the provisions of Section 13A-5-43(d). (Acts 1981, No. 81-178, p.
203, §4; Act 2013-354, p. 1267, §1.)...
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13A-8-197
Section 13A-8-197 Court records to reflect innocence of victim. In any case in which a person
obtains identification documents or identifying information of another person in violation
of this article and uses the documents or information to commit a crime in the name of another
person, the court records for the crime shall reflect that the victim of this act did not
commit the crime. (Act 2001-312, p. 399, §8.)...
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15-19-5
Section 15-19-5 Inadmissibility of examination and investigation statements, admissions and
confessions; consideration of statements, etc., at time of sentencing. No statement, admission
or confession made by a defendant to the court or to any officer thereof during the examination
and investigation referred to in Section 15-19-1 shall be admissible as evidence against him
or his interest; provided, however, that the court may take such statement, admission or confession
into consideration at the time of sentencing after the defendant has been found guilty of
a crime or adjudged a youthful offender. (Acts 1971, 3rd Ex. Sess., No. 335, p. 4622, §3.)...

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12-22-194
Section 12-22-194 Report on financial condition of petitioner. The trial court, either before,
after or during said hearing, may designate a probation officer of the court or may designate
the county Department of Human Resources to make inquiry and ascertain facts concerning the
financial condition and ability of defendant or petitioner, and it shall be the duty of such
agencies to investigate and file a written report of its findings with the trial judge. Such
report shall state with certainty any and all sources from which the defendant or petitioner
could be expected to obtain financial aid to pay such fees. (Acts 1961, Ex. Sess., No. 62,
p. 1930, §5; Acts 1963, No. 525, p. 1129, §5.)...
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13A-11-70
of this division, the following terms shall have the respective meanings ascribed by this section:
(1) PISTOL. Any firearm with a barrel less than 12 inches in length. (2) CRIME OF VIOLENCE.
Any of the following crimes or an attempt to commit any of them, namely, murder, manslaughter,
(except manslaughter arising out of the operation of a vehicle), rape, mayhem, assault with
intent to rob, assault with intent to ravish, assault with intent to murder, robbery, burglary,
and kidnapping. "Crime of violence" shall also mean any Class A felony or any Class
B felony that has as an element serious physical injury, the distribution or manufacture
of a controlled substance, or is of a sexual nature involving a child under the age of 12.
(3) PERSON. Such term includes any firm, partnership, association or corporation. (Acts 1936,
Ex. Sess., No. 82, p. 51; Code 1940, T. 14, §172; Acts 1947, No. 616, p. 463, §1; Acts 1951,
No. 784, p. 1378; Code 1975, §13-6-150; Act 2013-283, p. 938, §2.)...
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13A-5-45
Section 13A-5-45 Sentence hearing - Delay; statements and arguments; admissibility of evidence;
burden of proof; mitigating and aggravating circumstances. (a) Upon conviction of a defendant
for a capital offense, the trial court shall conduct a separate sentence hearing to determine
whether the defendant shall be sentenced to life imprisonment without parole or to death.
The sentence hearing shall be conducted as soon as practicable after the defendant is convicted.
Provided, however, if the sentence hearing is to be conducted before the trial judge without
a jury or before the trial judge and a jury other than the trial jury, as provided elsewhere
in this article, the trial court with the consent of both parties may delay the sentence hearing
until it has received the pre-sentence investigation report specified in Section 13A-5-47(b).
Otherwise, the sentence hearing shall not be delayed pending receipt of the pre-sentence investigation
report. (b) The state and the defendant shall be...
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15-14-54
Section 15-14-54 Victim may not be excluded from courtroom; removal generally. A victim of
a criminal offense shall not be excluded from court or counsel table during the trial or hearing
or any portion thereof conducted by any court which in any way pertains to such offense, provided,
however, a judge may remove a victim from the trial or hearing or any portion thereof for
the same causes and in same manner as the rules of court or law provides for the exclusion
or removal of the defendant. (Acts 1983, No. 83-622, p. 971, §5.)...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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15-23-77
Section 15-23-77 Right to have property returned. (a) Prior to the admission of evidence to
the court, on request of the victim, after consultation and written approval by the district
attorney or Attorney General, the law enforcement agency responsible for investigating the
criminal offense shall return to the victim any property belonging to the victim that was
taken during the course of the investigation, or shall inform the victim of the reasons why
the property will not be returned. The law enforcement agency shall make reasonable efforts
to return the property to the victim as soon as possible. (b) If the property of the victim
has been admitted as evidence during a trial or hearing, the court may, upon request of the
district attorney or the Attorney General, order its release to the victim if a photograph
can be substituted. If evidence is released pursuant to this subsection, the attorney for
the defendant or investigator may inspect and independently photograph the evidence...
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