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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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34-21-25
Section 34-21-25 Denial, suspension, or revocation of license; administrative fines;
voluntary disciplinary alternative program. (a) For disciplinary purposes, the board may adopt,
levy, and collect administrative fines not to exceed one thousand dollars ($1,000) per violation
and may institute any legal proceedings necessary to effect compliance with this chapter against
its licensees. (b)(1) The board may also deny, revoke, or suspend any license issued by it
or otherwise discipline a licensee, or holder of a multistate privilege to practice in Alabama,
upon proof of any of the following regarding the licensee: a. Is guilty of fraud or deceit
in procuring or attempting to procure a license. b. Has been convicted of a felony. c. Is
guilty of a crime involving moral turpitude or of gross immorality that would tend to bring
reproach upon the nursing profession. d. Is unfit or incompetent due to the use of alcohol,
or is addicted to the use of habit-forming drugs to such an extent as to...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder
by the defendant during a kidnapping in the first degree or an attempt thereof committed by
the defendant. (2) Murder by the defendant during a robbery in the first degree or an attempt
thereof committed by the defendant. (3) Murder by the defendant during a rape in the first
or second degree or an attempt thereof committed by the defendant; or murder by the defendant
during sodomy in the first or second degree or an attempt thereof committed by the defendant.
(4) Murder by the defendant during a burglary in the first or second degree or an attempt
thereof committed by the defendant. (5) Murder of any police officer, sheriff, deputy, state
trooper, federal law enforcement officer, or any other state or federal peace officer of any
kind, or prison or jail guard, while the officer or guard is on duty, regardless of whether
the defendant knew or should have known the victim was an officer or guard on...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a
non-capital felony offense commenced by complaint, the defendant may give written notice three
days after his or her arrest to a judge of the district or circuit court of the county having
jurisdiction of the offense charged that the defendant desires to plead guilty as charged
or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt
of the written notice from the defendant stating his or her desire to plead guilty, the court
shall direct the district attorney to prefer and file an information against the defendant.
The information shall be made under oath of the district attorney or a witness, and shall
accuse the defendant with the same specificity as required in an indictment of the offense
or offenses for which the defendant is charged. This section shall not be construed
to preclude the district attorney from amending or dismissing a pending charge against a...
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13A-5-50
Section 13A-5-50 Consideration of aggravating circumstances in sentence determination.
The fact that a particular capital offense as defined in Section 13A-5-40(a) necessarily
includes one or more aggravating circumstances as specified in Section 13A-5-49 shall
not be construed to preclude the finding and consideration of that relevant circumstance or
circumstances in determining sentence. By way of illustration and not limitation, the aggravating
circumstance specified in Section 13A-5-49(4) shall be found and considered in determining
sentence in every case in which a defendant is convicted of the capital offenses defined in
subdivisions (1) through (4) of subsection (a) of Section 13A-5-40. (Acts 1981, No.
81-178, p. 203, §12; Acts 1982, No. 82-567, p. 945, §1.)...
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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing
sentence structure, including laws, policies, and practices, and to determine and recommend
to the Legislature and Supreme Court changes regarding the criminal code, criminal procedures,
and other aspects of sentencing policies and practices appropriate for the state which: (1)
Secure the public safety of the state by providing a swift and sure response to the commission
of crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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12-15-102
Section 12-15-102 Definitions. When used in this chapter, the following words and phrases
have the following meanings: (1) ADULT. An individual 19 years of age or older. (2) AFTERCARE.
Conditions and supervision as the juvenile court orders after release from the Department
of Youth Services. (3) CHILD. An individual under the age of 18 years, or under 21 years of
age and before the juvenile court for a delinquency matter arising before that individual's
18th birthday, or under 19 years of age and before the juvenile court for a child in need
of supervision matter or commitment to the State Department of Mental Health or under 19 years
of age and before the juvenile court for a proceeding initiated under Section 12-15-115(b)(2).
Where a delinquency petition alleges that an individual, prior to the individual's 18th birthday,
has committed an offense for which there is no statute of limitation pursuant to Section
15-3-5, the term child also shall include the individual subject to the...
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12-23A-2
Section 12-23A-2 Definitions. As used in this chapter, the following words shall have
the following meanings: (1) ADVISORY COMMITTEE. A local committee which may consist of the
following members or their designees: a. The drug court judge, who shall serve as chair. b.
The district attorney. c. The public defender or a member of the criminal defense bar. d.
The drug court coordinator. e. The court clerk. f. A community corrections or court referral
officer, or both. g. A pretrial services provider. h. A law enforcement officer. i. Substance
abuse treatment providers. j. Any other person the chair deems appropriate. (2) ASSESSMENT.
A diagnostic evaluation for placement in a treatment program which shall be performed in accordance
with criteria certified by the Department of Mental Health, Substance Abuse Services Division.
(3) CHARGE. As defined in Section 12-25-32(13). (4) CONTINUUM OF CARE. A seamless and
coordinated course of substance abuse education and treatment designed to meet...
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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...
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