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38-1-7
Section 38-1-7 (Effective October 1, 2015 until September 30, 2017) Drug screening program.
(a) As used in this section, the following words shall have the following meanings: (1) DRUG.
Includes all of the following: a. A controlled substance for which a medical prescription
or other legal authorization is required for purchase or possession, including, but not limited
to: An amphetamine, a tetrahydrocannabinol, oxycodone, cocaine, phencyclidine (PCP), an opiate,
a barbiturate, a benzodiazepine, a methamphetamine, a propoxyphene, a tricyclic antidepressant,
or a metabolite of any of these substances. b. A drug whose manufacture, sale, use, or possession
is forbidden by law. (2) DRUG SCREENING. Any chemical, biological, or physical instrumental
analysis administered by a laboratory certified by the United States Department of Health
and Human Services or other licensing agency in this state for the purpose of determining
the presence or absence of a drug or its metabolites. (b) The...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic
violence in the first degree if the person commits the crime of assault in the first degree
pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary
in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation of affectionate or sexual
involvement by either party. (b) Domestic violence in the first degree is a Class A felony,
except that the defendant shall serve a minimum term of imprisonment of...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime of domestic
violence in the second degree if the person commits the crime of assault in the second degree
pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant to Section 13A-10-123;
the crime of stalking pursuant to Section 13A-6-90; the crime of burglary in the second or
third degree pursuant to Sections 13A-7-6 and 13A-7-7; or the crime of criminal mischief in
the first degree pursuant to Section 13A-7-21 and the victim is a current or former spouse,
parent, step-parent, child, step-child, any person with whom the defendant has a child in
common, a present household member, or a person who has or had a dating relationship with
the defendant. (2) For the purposes of this section, a household member excludes non-romantic
or non-intimate co-residents, and a dating relationship means a current or former relationship
of a romantic or intimate nature characterized by the expectation...
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32-5A-191.3
Section 32-5A-191.3 Operation of vessel and other marine devices while under influence of alcohol
or controlled substances. (a) A person shall not operate or be in actual physical control
of any vessel, or manipulate any water skis, aquaplane, or any other marine transportation
device on the waters of this state, as the waters are defined in Section 33-5-3, under any
condition in which a person would be guilty of driving under the influence of alcohol or drugs
pursuant to Section 32-5A-191 if the person was driving or controlling a motor vehicle. (b)
In the case of a vessel or other marine device described in subsection (a), where a law enforcement
officer has probable cause to believe that the operator of the vessel or other marine device
is operating in violation of this section, the law enforcement officer is authorized to administer
and may test the operator, at the scene, by using a field breathalyzer or other approved device,
as a screening device, to determine if the operator...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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2-22-22
Section 2-22-22 Violations of chapter or rules or regulations promulgated thereunder deemed
misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations
promulgated thereunder. (a) Any person who shall violate any of the provisions of this chapter
or who fails to perform any duty or requirement imposed by the provisions of this chapter
or who violates any rule or regulation duly promulgated thereunder or who shall sell or offer
for sale or distribute for sale any commercial fertilizer in violation of the requirements
of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as
now prescribed by law for such an offense. (b) In addition to the penalty provided in subsection
(a) of this section, the commissioner may apply by petition to a circuit court, and such court
or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining
order or permanent injunction or both restraining and enjoining...
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27-30-4
Section 27-30-4 Authorization to act as, or for, association - Generally. (a) No person shall
in this state be, act as or hold itself out to be a mutual aid association except in compliance
with this chapter and as authorized by a subsisting certificate of authority therefor, issued
by the commissioner under this chapter. (b) No person shall act as solicitor, collector or
otherwise as an agent or representative of any entity or organization acting as, or purporting
to be, a mutual aid association unless such entity or organization is then authorized as a
mutual aid association as required in subsection (a) of this section. (c) Any person who violates
this section shall, upon conviction thereof, be guilty of a misdemeanor and punished by a
fine of not less than $200.00 nor more than $1,000.00, or by imprisonment in the county jail
for not less than 10 days nor more than one year or by both such fine and imprisonment, in
the discretion of the court. For the purposes of this section, each...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for
remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property
as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit,
obtaining a judgment, or collecting that judgment under this article. (b) The fact that a
merchant may bring a civil action against an individual as provided in this article shall
not limit the right of the merchant to demand, in writing as set out in subsection (c) below,
that a person who is liable for damages and penalties under this article remit the damages
and penalties prior to the consideration of the commencement of any legal action. (c) The
demand letter must be prepared and include the following: On (insert date), you were apprehended
for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant).
Under Alabama statute, a retailer/merchant is granted a civil cause of...
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2-27-16
Section 2-27-16 Penalty for violation of article; injunctions. (a) Any person who shall violate
any of the provisions of this article declared to be unlawful or who shall fail or refuse
to perform any duty or requirement imposed by the provisions of this article, or who shall
violate any rule or regulation duly promulgated under this article or who shall sell or offer
for sale or distribute for sale any pesticide or device in violation of any of the requirements
of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as
now prescribed by law for such an offense. Fines imposed under this article shall be paid
into the Agricultural Fund of the State Treasury. (b) In addition to the penalty and other
enforcement remedies of this article and notwithstanding the existence of an adequate legal
remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown
and upon a hearing to grant a temporary restraining order or preliminary or...
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