11-40-65
Section 11-40-65 Filing petition for foreclosure; form of petition; notice. (a) After
a municipal code lien has been recorded with the office of the probate judge of the county
in which the real property lies, the Class 2 municipality may identify those properties on
which to commence a judicial in rem foreclosure in accordance with this article, except that
those properties the Class 2 municipality identifies as owner occupied shall not be subject
to judicial in rem foreclosure under this article. The Class 2 municipality shall not file
a petition for judicial in rem foreclosure in accordance with this article for a period of
six months following the date upon which the municipal code lien is recorded in the office
of the probate judge. A petition for judicial in rem foreclosure may include any other municipal
code lien that has been filed prior to the date the petition is filed. After enforcement proceedings
have commenced in accordance with this article, the enforcement proceedings...
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12-17-96
Section 12-17-96 Duty of clerk when convict indicted; convict not to be released until
bail given. The clerk of any circuit court shall, without delay, certify a copy of any indictment
in his court against a convict sentenced to the penitentiary or to hard labor for the county
to the head of the department having supervision over convicts; and such convict, if pardoned
for the offense for which he is sentenced, shall not be discharged until he enters into a
recognizance to answer such indictment at the next session of the court in which the same
is pending, if the case is bailable, or is otherwise legally discharged from such indictment.
(Code 1867, §769; Code 1876, §675; Code 1886, §772; Code 1896, §938; Code 1907, §3276;
Code 1923, §6730; Code 1940, T. 13, §207.)...
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12-19-191
Section 12-19-191 Constables. (a) Constables shall be entitled to the following fees
in criminal cases: (1) For executing a search warrant by day ..... $1.00 (2) For executing
a search warrant by night ..... 2.00 (3) For executing any other warrant or writ of arrest
..... 1.50 (4) For serving each subpoena or notice issued by a court of the Unified Judicial
System ..... .50 (5) For carrying a person before a magistrate under a warrant of arrest or
to jail when committed thereto, for himself and each necessary guard, to be proved by his
own oath, for each mile ..... .10 (6) For carrying a prisoner to the jail of another county,
when there is no sufficient jail in the proper county, the same fees that were allowed to
the sheriff for similar services on December 18, 1973, to be paid in the same manner. (7)
For taking and approving each bond of undertaking ..... .50 (b) In all criminal prosecutions,
the fees specified in subsection (a) of this section for the services rendered in the
case...
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12-21-225
Section 12-21-225 Testimony for state or defendant by convict. (a) The presiding judge
of any circuit court or district court having reason to believe that the testimony of any
convict serving a sentence in the penitentiary or to hard labor for the county is necessary
in any criminal prosecution for the state and that other evidence cannot be obtained on behalf
of the state may order a writ to be issued by the clerk, commanding the Board of Corrections
to have the convict before the court on a specified day to give testimony in the particular
case for the state. Moreover, upon the sworn petition of the defendant in a criminal prosecution
showing that a convict serving sentence in the penitentiary knows facts which would be beneficial
to him, the judge may, if he believes the ends of justice will be served thereby, order the
issuance of such a writ to secure the appearance of the convict to testify on behalf of the
defendant. The writ shall be served on the board at least one week...
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13A-10-132
Section 13A-10-132 Crimes in connection with sham legal process, etc. (a) For the purposes
of this section, the following terms shall have the following meanings: (1) LAW ENFORCEMENT
OFFICER. The same as defined in Section 13A-10-1. (2) LAWFULLY ISSUED. Adopted, issued,
or rendered in accordance with the applicable statutes, rules, regulations, and ordinances
of the United States, a state, an agency, or a political subdivision of a state. (3) SHAM
LEGAL PROCESS. The issuance, display, delivery, distribution, reliance on as lawful authority,
or other use of an instrument that is not lawfully issued, whether or not the instrument is
produced for inspection or actually exists, which purports to be any one of the following:
a. A summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of
a court of this state, a peace officer, or a legislative, executive, or administrative agency
established by state law. b. An assertion of jurisdiction or authority over or...
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15-13-130
Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited. The
basis of all undertakings of bail, whether upon a warrant, writ of arrest, suspension of judgment,
writ of error, or in any other case, is to ensure the appearance of the defendant in court,
and the undertaking is forfeited by the failure of the defendant to appear. If, by reason
of the neglect of the defendant to appear, money is deposited as cash bail and is forfeited
and the forfeiture is not discharged or remitted, the clerk with whom it is deposited shall,
at the end of 30 days, unless the court has before that time discharged the forfeiture, pay
over the money deposited to the officer, official, or employee authorized by law to receive
fines levied by the court. The court shall then, without any notice to defendant, render judgment
absolute for the entire sum deposited and the money shall then become public money of the
State General Fund or in bail forfeiture cases pending in the municipal courts...
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15-21-22
Section 15-21-22 Admission to bail if charged with bailable offense; procedure when
sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail. (a)
Upon a hearing on a writ of habeas corpus, if it appears that the detained party is charged
with a public offense which is bailable, he must be admitted to bail on offering sufficient
bail. (b) If sufficient bail is not offered, the amount of bail required must be endorsed
on the warrant, and the court to which he is required to appear, and the detained party may
be afterwards discharged by the sheriff of the county on giving sufficient bail in the amount
so required. (c) All undertakings of bail taken by any judge or sheriff under the provisions
of this section must be transmitted by him to the clerk of the court before which the
party is bound to appear by the first day of the next succeeding session and may be forfeited,
and the same proceedings thereon had, as against other bail in criminal cases. (Code...
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15-9-4
Section 15-9-4 Deciding of claims to rewards by courts. When any reward shall be offered
for the recovery of stolen property or for information which may lead to the arrest or the
arrest and conviction of any criminal, or for both, the court before which conviction is had
or the circuit court in the county where the offense was committed, at a criminal session,
may decide upon the claims of the parties interested in such reward. (Code 1923, §4164; Code
1940, T. 15, §47.)...
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36-18-25
Section 36-18-25 Collection of DNA samples from convicted persons. (a) All persons convicted
of a criminal offense as set out in Section 36-18-24 shall, when requested by the director
submit to the taking of a DNA sample or samples as may be specified by the director, provided,
however, the director shall promulgate such rules and regulations as may be necessary for
the purposes of ensuring that DNA samples are collected in a medically approved manner. (b)
As of May 6, 1994, all persons serving any sentence of probation for any of the offenses set
out in Section 36-18-24 shall, when requested by the director, submit to the taking
of a DNA sample or samples as specified by the director. Upon the refusal of any such person
to so submit the sentencing court shall order such submission as a mandatory condition of
probation. (c)(1) All persons arrested for any felony offense on or after October 1, 2010,
or for any sexual offense including, but not limited to, those that would require...
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9-11-8
Section 9-11-8 Violations of fish and game laws - Authority of enforcement officers,
etc., generally; arrest without warrant. All enforcement officers and inspectors employed
by the Commissioner of Conservation and Natural Resources are clothed with the power and authority
of deputy sheriffs and shall arrest without warrant and carry before the district court of
the county in which an offense is committed any person violating any of the provisions of
the game and fish laws or the rules and regulations made and promulgated thereunder. (Acts
1935, No. 240, p. 632, § 52; Code 1940, T. 8, §51.)...
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