Code of Alabama

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29-1-26
Section 29-1-26 Legislative double dipping prohibited. (a) This section shall be known and
may be cited as the Legislative Double Dipping Prohibition Act. (b) Any other provision of
law to the contrary notwithstanding, and except as provided in subsection (c), a member of
the Legislature, during his or her term of office, may not be an employee of any other branch
of state government, any department, agency, board, or commission of the state, or any public
educational institution including, but not limited to, a local board of education, a two-year
institution of higher education, or a four-year institution of higher education. For purposes
of this section, employee means any of the following: (1) An employee as defined in Section
36-27-1, or a teacher as defined in Section 16-25-1. An employee as defined in this subsection
shall not include any person receiving pension benefits from the Retirement Systems of Alabama.
(2) A person who is personally providing services under a personal...
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12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness unavailable
because of exceptional circumstances. (a) In any criminal prosecution, the court may, upon
motion of the district attorney, the defense, or the court, for good cause shown and after
notice to the parties, order the taking of a deposition or a videotaped deposition of a victim
or a witness when the victim or witness is or may be unavailable for trial for medical reasons
or other exceptional circumstances. On any motion for a deposition or a videotaped deposition
of the victim or witness, the court shall consider the age of the victim or witness, the potential
unavailability of the victim or witness for trial, the nature of the offense, the nature of
testimony that may be expected, and the possible effect that testimony in person at trial
may have on the victim or witness, along with any other relevant matters that may be required
by Supreme Court rule. During the taking of a deposition or...
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15-23-60
Section 15-23-60 Definitions. As used in this article, the following words shall have the following
meanings: (1) ACCUSED. A person who has been arrested for committing a criminal offense and
who is held for an initial appearance or other proceeding before trial. (2) APPELLATE PROCEEDING.
An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme
Court of Alabama, a federal court of appeals, or the United States Supreme Court. (3) ARREST.
The actual custodial restraint of a person or his or her submission to custody. (4) COMMUNITY
STATUS. Extension of the limits of the places of confinement of a prisoner through work release,
supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave,
passes, and furloughs. (5) COURT. All state courts including juvenile courts. (6) CRIME VICTIM
ADVOCATE. A person who is employed or authorized by a public entity or a private entity that
receives public funding primarily to provide...
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12-15-106
Section 12-15-106 Juvenile court referees' qualifications and appointment; conduct of hearings
of cases by juvenile court referees; transmission of findings and recommendations for disposition
of juvenile court referees to juvenile court judges; provision of notice and written copies
of findings and recommendations of juvenile court referees to parties; rehearing of cases
by juvenile court judges; when findings and recommendations of juvenile court referees become
decree of the juvenile court. (a) Appointment of Referees. The Administrative Director of
Courts may authorize one or more referee positions in any judicial circuit on either a full-time
or a part-time basis upon submission of a written request by the presiding juvenile court
judge and upon consideration of funding and the juvenile and child-support caseload in the
circuit. Once the Administrative Director of Courts approves the request, the presiding judge
of the juvenile court may appoint an attorney the judge believes to...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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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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12-15-134
Section 12-15-134 Maintenance and inspection of law enforcement records. (a) Law enforcement
agencies shall take special precautions to ensure that law enforcement records and files concerning
a child will be maintained in a manner and pursuant to those safeguards that will protect
against disclosure to any unauthorized person, department, agency, or entity. Unless a charge
of delinquency is transferred for criminal prosecution pursuant to Section 12-15-203 or the
juvenile court otherwise orders in the interests of the child or of national security, the
law enforcement records and files with respect to the child shall not be open to public inspection
nor their contents disclosed to the public. (b) Law enforcement records and files described
in subsection (a) shall be open to inspection and copying by the following: (1) A juvenile
court having a child currently before it in any proceeding. (2) Personnel of the Department
of Human Resources, the Department of Youth Services, public and...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks
the physical or mental capacity to seek protection for himself or herself, the following may
file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian.
The petition must include a copy of the court order appointing the petitioner as the plaintiff's
guardian. (2) A court appointed conservator. The petition must include a copy of the court
order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed
pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing
the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor
agent appointed under the plaintiff's validly executed power of attorney who acts within the
authority of the power of attorney. The petition shall include a copy of the power of attorney.
(5) A health care proxy appointed under the plaintiff's...
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22-52-91
Section 22-52-91 Duty of law enforcement officer, community mental health officer to take into
custody alleged mentally ill persons; detention; admission; hearing. (a) When a law enforcement
officer is confronted by circumstances and has reasonable cause for believing that a person
within the county is mentally ill and also believes that the person is likely to be of immediate
danger to self or others, the law enforcement officer shall contact a community mental health
officer. The community mental health officer shall join the law enforcement officer at the
scene and location of the person to assess conditions and determine if the person needs the
attention, specialized care, and services of a designated mental health facility. If the community
mental health officer determines from the conditions, symptoms, and behavior that the person
appears to be mentally ill and poses an immediate danger to self or others, the law enforcement
officer shall take the person into custody and,...
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