15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate Compact for the Supervision of Parolees and Probationers was established in 1937, it is the earliest corrections "compact" established among the states and has not been amended since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled movement of adult parolees and probationers across state lines, and it currently has jurisdiction over more than a quarter of a million offenders; Whereas: The complexities of the compact have become more difficult to administer, and many jurisdictions have expanded supervision expectations to include currently unregulated practices such as victim input, victim notification requirements, and sex offender registration; Whereas: After hearings, national surveys, and a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming recommendation has been to amend the document to bring about...
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15-27-1
Section 15-27-1 Petition to expunge records - Misdemeanor criminal offense, traffic violation, municipal ordinance violation. (a) A person who has been charged with a misdemeanor criminal offense, a violation, a traffic violation, or a municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were filed, to expunge records relating to the charge in any of the following circumstances: (1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by a grand jury. (3) When the person has been found not guilty of the charge. (4) When the charge was dismissed without prejudice more than two years ago, has not been refiled, and the person has not been convicted of any other felony or misdemeanor crime, any violation, or any traffic violation, excluding minor traffic violations, during the previous two years. (5) When the person proves by a preponderance of the evidence that the person is a...
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13A-6-152
Section 13A-6-152 Human trafficking in the first degree. (a) A person commits the crime of human trafficking in the first degree if: (1) He or she knowingly subjects another person to labor servitude or sexual servitude. (2) He or she knowingly obtains, recruits, entices, solicits, induces, threatens, isolates, harbors, holds, restrains, transports, provides, or maintains any minor for the purpose of causing a minor to engage in sexual servitude. (3) He or she knowingly gives monetary consideration or any other thing of value to engage in any sexual conduct with a minor or an individual he or she believes to be a minor. (b) For purposes of this section, it is not required that the defendant have knowledge of a minor victim's age, nor is reasonable mistake of age a defense to liability under this section. (c) A corporation, or any other legal entity other than an individual, may be prosecuted for human trafficking in the first degree for an act or omission only if an agent of the...
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12-25-34.1
Section 12-25-34.1 Approval of the initial voluntary sentencing standards. The initial voluntary sentencing standards and the accompanying worksheets and instructions, as adopted by the Sentencing Commission on September 30, 2005, and filed with the Clerk of the Supreme Court, the Secretary of the Senate, and the Clerk of the House of Representatives, are approved for implementation effective on October 1, 2006, under the terms and conditions set out in Sections 12-25-34 and 12-25-35; provided however, that these standards shall not apply to any sex offense involving a victim under the age of 12. (Act 2006-312, p. 663, ยง2.)...
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15-3-5
Section 15-3-5 Offenses having no limitation. (a) There is no limitation of time within which a prosecution must be commenced for any of the following offenses: (1) Any capital offense. (2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any felony involving serious physical injury or death of a person. (4) Any sex offense pursuant to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves force, serious physical injury, or death. (5) Any felony involving arson of any type. (6) Any felony involving forgery of any type. (7) Any felony involving counterfeiting. (8) Any felony involving drug trafficking. (b) The amendments made by this act shall apply to both of the following: (1) To all crimes committed after January 7, 1985. (2) To all crimes committed before January 7, 1985, for which no statute of limitations provided under pre-existing law has run as of January 7, 1985. (c) Nothing herein shall be construed to...
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13A-6-170
Section 13A-6-170 Posting of National Human Trafficking Resource Center Hotline in certain establishments. (a) All persons owning any establishment that requires a liquor license or alcoholic beverage license, and that does not also have a food or beverage permit, or both; any hotel that has been cited as a nuisance as defined in Sections 13A-12-110 to 13A-12-122, inclusive; any massage parlor where an employee has been cited with violating Section 45-13-41, or where the establishment has been cited as a nuisance as defined in Section 6-5-140; any airport, train station, or bus station; and any business that provides entertainment commonly called stripteasing or topless entertaining or entertainment that has employees who are not clad both above and below the waist shall post in a location conspicuous to the public at the entrance of the business or where such posters and notices are customarily posted, a poster of no smaller than 8 1/2 by 11 inches in size that states the following:...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended, waived, or suspended by any court. Any court order altering, amending, waiving, or suspending sex offender registration and notification requirements, except as provided in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief from any provisions of this chapter to any sex offender unless all three of the following conditions are met: (1) At the time of the commission of the sex offense, the sex offender was less than five years older than the victim. (2) At the time of the commission of the sex offense, the victim was 13 years of age or older. (3) The sex...
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15-20A-24
Section 15-20A-24 Adult sex offender - Relief from registration and notification. (a) At disposition, sentencing, upon completion of probation, or upon completion of a term of registration ordered by the sentencing court, a sex offender may petition the court for relief from the requirements of this chapter resulting from any of the following offenses, provided that he or she meets the requirements set forth in subsection (b): (1) Rape in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-62. (2) Sodomy in the second degree, as provided by subdivision (1) of subsection (a) of Section 13A-6-64. (3) Sexual abuse in the second degree, as provided by subdivision (2) of subsection (a) of Section 13A-6-67. (4) Sexual misconduct, as provided by Section 13A-6-65. (5) Any crime committed in this state or any other jurisdiction which, if had been committed in this state under the current provisions of law, would constitute an offense listed in subdivisions (1)...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining whether to apply notification requirements to a juvenile sex offender, the sentencing court shall consider any of the following factors relevant to the risk of re-offense: (1) Conditions of release that minimize the risk of re-offense, including, but not limited to, whether the juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling, therapy, or treatment; or residing in a home situation that provides guidance and supervision. (2) Physical conditions that minimize the risk of re-offense, including, but not limited to, advanced age or debilitating illness. (3) Criminal history factors indicative of high risk of re-offense, including whether the conduct of the juvenile sex offender was found to be characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric profiles indicate a risk of recidivism. (5) The relationship between the...
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17-3-30.1
Section 17-3-30.1 Disqualification of electors for felonies involving moral turpitude. (a) This section shall be known and may be cited as the Felony Voter Disqualification Act. (b)(1) The Legislature finds and declares that: a. Article VIII of the Constitution of Alabama of 1901, now appearing as Section 177 of Article VIII of the Official Recompilation of the Constitution of Alabama of 1901, as amended, provides that Alabama citizens shall lose the right to vote when convicted of a crime only if the conviction was for a felony involving moral turpitude. b. Under general law, there is no comprehensive list of felonies that involve moral turpitude which disqualify a person from exercising his or her right to vote. Neither individuals with felony convictions nor election officials have a comprehensive, authoritative source for determining if a felony conviction involves moral turpitude and is therefore a disqualifying felony. (2) The purposes of this section are: a. To give full effect...
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