Code of Alabama

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15-12-5
Section 15-12-5 Determination of indigency and provision of defense services. (a) Judicial
role in determining indigency. The trial judge shall determine, in accordance with the policies
and procedures established by the Office of Indigent Defense Services, if a person in his
or her court is an indigent defendant, any time appropriate or necessary. Upon appeal from
the trial court to the state appellate court, the trial judge who presided over the proceedings
on appeal shall determine if the appellant is an indigent defendant in accordance with the
policies and procedures established by the Office of Indigent Defense Services. If an indigency
determination is necessary in any proceeding initiated originally in a state appellate court
, the presiding judge or chief justice of the appellate court shall determine if the appellant
or petitioner is an indigent defendant. (b) Criteria for determining indigency. In determining
indigency, the judge shall recognize ability to pay as a variable...
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13A-8-114
Section 13A-8-114 Phishing. (a) A person commits the crime of phishing if the person by means
of an Internet web page, electronic mail message, or otherwise using the Internet, solicits,
requests, or takes any action to induce another person to provide identifying information
by representing that the person, either directly or by implication, is a business, without
the authority or approval of the business. (b) Any person violating this section, upon conviction,
shall be guilty of a Class C felony. Multiple violations resulting from a single action or
act shall constitute one violation for the purposes of this section. (c) The following persons
may bring an action against a person who violates or is in violation of this section: (1)
A person who is engaged in the business of providing Internet access service to the public,
owns a web page, or owns a trademark, and is adversely affected by a violation of this section.
(2) An individual who is adversely affected by a violation of this...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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28-4-136
Section 28-4-136 Penalties for violations of provisions of article by railroad companies, express
companies, etc.; duties of district attorney in cases of grand jury indictments. (a) Any railroad
company, express company or other carrier or any person or corporation violating any of the
provisions of this article or failing to comply with any requirements thereof shall be guilty
of a misdemeanor, punishable by a fine of not less than $50.00 nor more than $500.00, to which,
at the discretion of the court, may be added imprisonment in the county jail or confinement
at hard labor for the county for not more than six months for the first conviction. On the
second and every subsequent conviction of a violation of any provisions of this article, the
offense shall, in addition to a fine within the limitations above named, be punishable by
imprisonment in the county jail or at hard labor for the county for not less than three nor
more than six months, to be imposed by the court. (b) It shall...
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32-6-19
Section 32-6-19 Penalties - Violation by person whose license or driving privilege has been
cancelled, etc.; impoundment of vehicle. (a)(1) Any person whose driver's or chauffeur's license
issued in this or another state or whose driving privilege as a nonresident has been cancelled,
denied, suspended, or revoked as provided in this article and who drives any motor vehicle
upon the highways of this state while his or her license or privilege is cancelled, denied,
suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be punished
by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500),
and in addition thereto may be imprisoned for not more than 180 days. In addition to all fines,
fees, costs, and punishments prescribed by law, there shall be imposed or assessed an additional
penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund and the Peace
Officers Standards and Training Fund. Also, at the...
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38-13-4
Section 38-13-4 Mandatory criminal history check notice; suitability determinations; checks
on subsequent activity. (a) Every employer, child care facility, adult care facility, the
Department of Human Resources, and child placing agency required to obtain a criminal history
background information check pursuant to this chapter shall obtain, prior to or upon the date
of employment, or issuance of a license or approval or renewal thereof, and maintain in the
agency or personnel file, a request with written consent for the criminal history background
information check and a statement signed by the applicant, volunteer, or employee indicating
whether he or she has ever been convicted of a crime, and if so, fully disclosing all convictions.
The statement shall include a notice and questionnaire the same as or similar to the following:
(1) MANDATORY CRIMINAL HISTORY CHECK NOTICE: Alabama law requires that a criminal history
background information check be conducted on all persons who hold a...
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32-5A-177
Section 32-5A-177 Charging violations; burden of proof in civil actions; arrest for violation
of speed laws communicated from officer operating measuring device to another officer; testimony
derived from use of speed measuring device. (a) In every charge of violation of any speed
regulation in this article the complaint, also the summons or notice to appear, shall specify
the speed at which the defendant is alleged to have driven, also the maximum speed applicable
within the district or at the location. (b) The provision of this article declaring maximum
speed limitations shall not be construed to relieve the plaintiff in any action from the burden
of proving negligence on the part of the defendant as the proximate cause of an accident.
(c) Any state trooper, upon receiving information relayed to him or her from a fellow officer
stationed on the ground or in the air operating a speed measuring device that a driver of
a vehicle has violated the speed laws of this state, may arrest the...
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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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32-1-4
Section 32-1-4 Appearance upon arrest for misdemeanor. (a) Whenever any person is arrested
for a violation of any provision of this title punishable as a misdemeanor, the arresting
officer shall, unless otherwise provided in this section, take the name and address of such
person and the license number of his or her motor vehicle, and shall issue a summons or otherwise
notify him or her in writing or by an electronic traffic ticket or e-ticket to appear at a
time and place to be specified in such summons, notice, or e-ticket. An electronic traffic
ticket or e-ticket, for purposes of this chapter, is defined as a ticket that is generated
and printed at the site of a traffic violation after a violation has been electronically transmitted
to the court. An arresting officer transfers arrest and licensing information of a violator
electronically to the court. The court electronically records the arrest and issues a complaint
and summons or notice to appear, which is printed at the site of...
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12-19-311
Section 12-19-311 Bail bond fees. (a)(1) In addition to all other charges, costs, taxes, or
fees levied by law on bail bonds, additional fees as detailed in paragraph a. and paragraph
b. shall be imposed on every bail bond in all courts of this state. The fee shall not be assessed
in traffic cases, except for those serious traffic offenses enumerated in Title 32, Chapter
5A, Article 9. Where multiple charges arise out of the same incident, the bond fee pursuant
to this section shall only be assessed on one charge. For the purposes of this section, the
term same incident shall be defined as the same date, location, and proximate time. Where
the charge is negotiating a worthless negotiable instrument, the fee shall not be assessed
more than three times annually per person charged. The fees shall be assessed as follows:
a. A filing fee in the amount of thirty-five dollars ($35) on each bond executed. b. For a
misdemeanor offense, a bail bond fee in the amount of 3.5 percent of the total...
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