15-23-68
Section 15-23-68 Waiting area for victim; court to minimize contact of victim with defendant.
The court shall provide a waiting area for the victim separate from the defendant, relatives
of the defendant, and defense witnesses, if an area is available and the use of the area is
practical. If a separate waiting area is not available, or its use impractical, the court
shall minimize contact of the victim with the defendant, relatives of the defendant, and defense
witnesses during court proceedings. For victims of domestic violence, if a separate waiting
area is not available, the presiding circuit judge shall create procedures so that the defendant
has no contact with the victim. (Acts 1995, No. 95-583, p. 1234, §9; Act 2015-493, p. 1679,
§2; Act 2019-252, §1.)...
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13A-4-2
Section 13A-4-2 Attempt. (a) A person is guilty of an attempt to commit a crime if, with the
intent to commit a specific offense, he does any overt act towards the commission of such
offense. (b) It is no defense under this section that the offense charged to have been attempted
was, under the attendant circumstances, factually or legally impossible of commission, if
such offense could have been committed had the attendant circumstances been as the defendant
believed them to be. (c) A person is not liable under this section if, under circumstances
manifesting a voluntary and complete renunciation of this criminal intent, he avoided the
commission of the offense attempted by abandoning his criminal effort and, if mere abandonment
is insufficient to accomplish such avoidance, by taking further and affirmative steps which
prevented the commission thereof. The burden of injecting this issue is on the defendant,
but this does not shift the burden of proof. (d) An attempt is a: (1) Class A...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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13A-9-115
Section 13A-9-115 Restitution. In addition to any other sentence the court may impose pursuant
to Section 13A-9-114, the court shall order the defendant to make restitution to the victim
as a condition of probation, either within a specified period of time or in specified installments.
The order shall not be enforceable during the period of imprisonment unless the court expressly
finds that the defendant has assets to pay the amounts ordered at the time of sentencing.
Intentional refusal to make restitution pursuant to a court order may be considered as grounds
for revocation of the person's probation or suspension of sentence. (Act 2006-580, p. 1525,
§6.)...
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45-45-82.51
Section 45-45-82.51 Legislative findings. The Legislature hereby finds and declares the following:
(1) The Madison County Judicial System faces a severe crisis. The Twenty-third Judicial Circuit
has the highest caseload in Alabama. The number of criminal cases has doubled during the last
five years, resulting in a backlog of almost 4,500 cases, including approximately 18 capital
murder cases. Some defendants have been awaiting trial for almost five years. The caseload
facing prosecutors is staggering. Individual drug crime prosecutors are assigned in excess
of 500 cases and it is not uncommon for each prosecutor to prepare to try 60 cases on a single
week's docket. The sheer number of criminal defendants is so large that judges cannot bring
them all into the courtroom without violating an order of the Madison County Fire Marshal.
(2) While faced with these virtually insurmountable problems, the state budget for fiscal
year 2004 has required the system to bear cuts so draconian that 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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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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15-18-71
Section 15-18-71 Enforceability of order when defendant imprisoned; condition of parole. When
a defendant is sentenced to a term of imprisonment, the order of restitution shall be enforceable
during the period of imprisonment when the defendant has any asset or other income or any
portion thereof to which a defendant is or may be entitled. The Board of Pardons and Paroles
shall be notified of the amount of restitution by its parole officers and when and if the
defendant is paroled, it shall be made a condition of the parole to continue the restitution
payments to the victim. If during the period of the defendant's parole, he or she fails to
make restitution as ordered by the original court, it shall be grounds for revocation of parole.
(Acts 1980, No. 80-588, p. 928, §7; Act 2009-632, p. 1937, §1.)...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the testimony in person at trial may have on the victim or witness, along with
any other relevant matters that may be required by Supreme Court rule. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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