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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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15-18-8
Section 15-18-8 Terms of confinement, etc.; probation. (a) When a defendant is convicted of
an offense, other than a sex offense involving a child as defined in Section 15-20A-4, that
constitutes a Class A or Class B felony offense, and receives a sentence of 20 years or less
in any court having jurisdiction to try offenses against the State of Alabama and the judge
presiding over the case is satisfied that the ends of justice and the best interests of the
public as well as the defendant will be served thereby, he or she may order: (1) That a defendant
convicted of a Class A or Class B felony be confined in a prison, jail-type institution, or
treatment institution for a period not exceeding three years in cases where the imposed sentence
is not more than 15 years, and that the execution of the remainder of the sentence be suspended
notwithstanding any provision of the law to the contrary and that the defendant be placed
on probation for such period and upon such terms as the court...
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15-7-2
Section 15-7-2 Examination of complainant and witnesses; taking of depositions. (a) Upon a
complaint being made to a judge or magistrate that an offense has, in the opinion of the complainant,
been committed, the judge or magistrate must examine the complainant and such witnesses as
he may propose on oath, take their depositions in writing and cause them to be subscribed
by the person making them. (b) The depositions must set forth the facts stated by the complainant
and his witnesses tending to establish the commission of the offense and the guilt of the
defendant. (Code 1852, §§429, 430; Code 1867, §3978, 3979; Code 1876, §§4648, 4649; Code
1886, §§4256, 4257; Code 1896, §§5205, 5206; Code 1907, §§7585, 7586; Code 1923, §§5218,
5219; Code 1940, T. 15, §§120, 121.)...
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31-13-7
Section 31-13-7 Receipt of state or local public benefits; verification of lawful presence
in the United States; violations; annual reports. (a) As used in this section, the following
terms have the following meanings: (1) EMERGENCY MEDICAL CONDITION. The same meaning as provided
in 42 U.S.C. § 1396b(v)(3). (2) FEDERAL PUBLIC BENEFITS. The same meaning as provided in
8 U.S.C. § 1611. (3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C.
§ 1621. (b) An alien who is not lawfully present in the United States and who is not defined
as an alien eligible for public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641 shall
not receive any state or local public benefits. (c) Except as otherwise provided in subsection
(e) or where exempted by federal law, commencing on September 1, 2011, each agency or political
subdivision of the state shall verify with the federal government the lawful presence in the
United States of each alien who applies for state or local...
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12-16-207
Section 12-16-207 Grand juror not to participate, etc., in deliberations as to offenses committed
against his person or property, etc.; supplying of deficiency in number of grand jurors resulting
therefrom. (a) A grand juror must not be present at or take any part in the deliberations
of his fellow jurors respecting any public offense with which he is charged or which was committed
against his person or property or when he is a prosecutor or when he is connected by blood
or marriage with the person charged. (b) If, by reason of the provisions of subsection (a)
of this section, the number of grand jurors is reduced below 13 in the investigation of any
matter, the court must supply the deficiency from the qualified jurors of the county, and
the persons so placed on the grand jury must serve only during such investigation. (Code 1852,
§§548, 549; Code 1867, §§4098,4099; Code 1876, §§4771, 4772; Code 1886, §§4357, 4358;
Code 1896, §§5043, 5044; Code 1907, §§7304, 7305; Code...
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13A-10-34
Section 13A-10-34 Permitting or facilitating escape in the first degree. (a) A person commits
the crime of permitting or facilitating escape in the first degree if: (1) He intentionally
aids or attempts to aid in the escape of a person arrested for, charged with or convicted
of a felony from a penal facility; or (2) He is a public servant of a penal facility and intentionally,
knowingly or recklessly permits or facilitates the escape of a person arrested for, charged
with or convicted of a felony. (b) Permitting or facilitating an escape in the first degree
is a Class C felony. (Acts 1977, No. 607, p. 812, §4610.)...
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15-10-4
Section 15-10-4 Arrest without warrant - Duty of arresting officer; authority of officer to
break and enter dwelling house. When arresting a person without a warrant, the officer must
inform of his authority and the cause of arrest, except when the person is arrested in the
actual commission of a public offense or on pursuit. In making a warrantless arrest, an officer
has authority to break open an outer or inner door or window of a dwelling house if, after
notice of his office and purpose, he is refused admittance. (Code 1852, §446; Code 1867,
§3995; Code 1876, §4665; Code 1886, §4263; Code 1896, §5212; Code 1907, §6270; Code 1923,
§3264; Code 1940, T. 15, §155.)...
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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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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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22-11A-31
Section 22-11A-31 Commitment petition - Rules to apply at hearings. At all hearings conducted
by the probate judge in relation to a petition to commit any person to the custody of the
Alabama Department of Public Health or such other facility as the court may order, the following
rules shall apply: (1) The person sought to be committed shall be present unless, prior to
the hearing, the attorney for such person has filed in writing a waiver of the presence of
such person on the ground that the presence of such person would be dangerous to such person's
health or that such person's conduct could reasonably be expected to prevent the hearing from
being held in an orderly manner, and the probate judge has judicially found and determined
from evidence presented in an adversary hearing that the person proposed to be committed is
so mentally or physically ill as to be incapable of attending such proceedings. Upon such
findings, an order shall be entered approving the waiver. (2) The person...
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