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
over two thousand dollars ($2,000) for a fourth or subsequent conviction within 10 years, the
first one hundred dollars ($100) of that additional amount shall be deposited to the Alabama
Chemical Testing Training and Equipment Trust Fund, after three percent of the one hundred
dollars ($100) is deducted for administrative costs, and beginning October 1, 1997, and thereafter,
the second one hundred dollars ($100) of that additional amount shall be deposited in the
Alabama Head and Spinal Cord Injury Trust Fund after deducting five percent of the
one hundred dollars ($100) for administrative costs and the remainder of the funds shall be
deposited to the State General Fund. (2) Fines collected for violations of this section charged
pursuant to a municipal ordinance where the total fine is paid at one time shall be deposited
as follows: The first three hundred fifty dollars ($350) collected for a first conviction,
the first six hundred dollars ($600) collected for a second conviction...
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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
law. This term shall not apply to any of the following: a. An offense when committed by a child
16 or 17 years of age as follows: 1. A nonfelony traffic offense or water safety offense other
than one charged pursuant to Section 32-5A-191 or 32-5A-191.3 or a municipal ordinance prohibiting
the same conduct. 2. A capital offense. 3. A Class A felony. 4. A felony which has as an element
the use of a deadly weapon. 5. A felony which has as an element the causing of death or serious
physical injury. 6. A felony which has as an element the use of a dangerous instrument
against any person who is one of the following: (i) A law enforcement officer or official.
(ii) A correctional officer or official. (iii) A parole or probation officer or official.
(iv) A juvenile court probation officer or official. (v) A district attorney or other prosecuting
officer or official. (vi) A judge or judicial official. (vii) A court officer or official.
(viii) A person who is a grand juror, juror, or witness...
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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
following offenses: (1) Manslaughter or homicide by vehicle or vessel resulting from the operation
of a vessel. (2) Any violation of Section 32-5A-191.3 which requires revocation. (3) Any offense
of any law or regulation for which mandatory revocation is required upon conviction. (4) Any
felony in the commission of which a vessel is used. (5) Failure to stop, render aid, or identify
the person as required under the laws of this state in the event of a boating accident resulting
in the death or personal injury of another. (6) Perjury or the making of a false
affidavit or statement under oath to the Director of Public Safety or Commissioner of Conservation
and Natural Resources under this article or under any other law or regulation relating to
the ownership or operation of vessels. (7) Conviction upon three charges of reckless or careless
operation of a vessel committed within a period of 12 months. (8) Unauthorized use of a vessel
belonging to another, which act does not amount to a...
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