|
13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an action
for an offense defined by this article where the victim is not a minor shall be brought within
five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving
the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until
such time as the victim has reached the age of 19 years. (3) The running of the statute of
limitations shall be suspended where a person entitled to bring a claim of an offense defined
by this article could not have reasonably discovered the crime due to circumstances resulting
from the human trafficking situation, such as psychological trauma, cultural and linguistic
isolation, and the inability to access services. (b) Any statute of limitation period imposed
for the filing of a civil action under this article will...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-6-158.htm - 2K - Match Info - Similar pages
12-17-225.2
Section 12-17-225.2 Court or clerk of court to notify district attorney when payments to state
or victim are in default. The court or the clerk of the court shall notify the district attorney
in writing when any bail bond forfeitures, court costs, fines, penalty payments, crime victims'
restitution, or victims' compensation assessments or like payments in any civil or criminal
proceeding ordered by the court to be paid to the state or to crime victims have not been
paid or are in default and the default has not been vacated. Upon written notification to
the district attorney, the restitution recovery division of the office of the district attorney
may collect or enforce the collection of any funds that have not been paid or that are in
default which, under the direction of the district attorney, are appropriate to be processed.
In no event shall a court or court clerk notify the district attorney in less than 90 days
from the date the payments are due to be paid in full. (Acts 1995,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-225.2.htm - 1K - Match Info - Similar pages
31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-90.htm - 1K - Match Info - Similar pages
6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-11-20.htm - 2K - Match Info - Similar pages
9-15-81
Section 9-15-81 Criminal and civil actions and penalties for violations of article. Any sale
or lease of real property or any interest therein of the state made in violation of this article
shall be null and void, and the person or persons violating this article shall be subject
to criminal prosecution by the Attorney General. In addition to the prosecution, damages for
loss or injury to the state may be recovered for the State of Alabama by the Attorney General
by civil action in the Circuit Court of Montgomery County. The expenses of investigation,
or litigation and prosecution, or both, under this article shall be reimbursed from funds
recovered to the Attorney General. All other moneys recovered by the Attorney General shall
be deposited in the State General Fund. Violation of this article shall also constitute a
Class C felony punishable as prescribed by law. (Acts 1995, No. 95-280, p. 507, §12.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-15-81.htm - 1K - Match Info - Similar pages
12-18-5
Section 12-18-5 Applicability of article to justices and judges; contributions to retirement
fund; granting of credit for military service. (a) Every justice of the Supreme Court, judge
of the Court of Civil Appeals, judge of the Court of Criminal Appeals, and judge of the circuit
court of the state holding office on September 18, 1973, shall have the right of election
to come under this article. Each justice or judge holding office on September 18, 1973, shall
have the right, within three years from September 18, 1973, to file with the clerk of the
Supreme Court of Alabama, an instrument in writing electing to come under this article. Each
justice or judge of such courts elected or appointed to office after September 18, 1973, shall
come under this article as a matter of law. After September 18, 1973, each justice and each
judge who has elected to come under this article as provided by this section or who comes
under this article by operation of law shall contribute to the Judicial...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-18-5.htm - 5K - Match Info - Similar pages
15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-143.htm - 4K - Match Info - Similar pages
22-19-143
Section 22-19-143 Immunity of persons complying with article. Any person who acts in good faith
in accord with the terms of this article or with the anatomical gift laws of this state, or
another state, or a foreign country shall not be liable for damages in any civil action or
subject to prosecution in any criminal proceeding for such act. (Acts 1986, No. 86-226, p.
333, §4.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-19-143.htm - 688 bytes - Match Info - Similar pages
9-17-32
Section 9-17-32 Penalty for violations of provisions of article, rules, etc.; penalty applicable
to each prohibited transaction relating to illegal oil, gas, or product; penalty for aiding
or abetting violations of provisions of article, rules, etc.; payment of fine not to abridge
private causes of action for damages for violations of rules, etc. (a) Any person who knowingly
and willfully violates any provision of this article, or any rule, regulation or order of
the board made under this article shall, in the event a penalty for such violation is not
otherwise provided for in this article, be subject to a fine not to exceed $10,000.00 a day
for each and every day of such violation and for each and every act of violation, such fine
to be recovered by a civil action in the circuit court of the county where the defendant resides,
or in the county of the residence of any defendant if there is more than one defendant, or
in the circuit court of the county where the violation took place....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/9-17-32.htm - 2K - Match Info - Similar pages
45-21A-10.11
Section 45-21A-10.11 Reimbursement of civil fine; civil action against person operating vehicle.
Any person against whom an adjudication of liability for a civil violation is made pursuant
to this article, or an ordinance passed pursuant hereto, and who actually pays the civil fine
imposed thereby shall have a cause of action against any person who may be shown to have been
operating the vehicle recorded at the time of the violation for the amount of the civil fine
actually paid plus any consequential or compensatory damages and a reasonable attorney fee,
without regard to the rules regarding joint and several liability, contribution, or indemnity.
Provided, however, that as a condition precedent to the bringing of a civil action, that the
person held responsible for payment of the civil fine must first make written demand on the
other person for reimbursement of the civil fine, giving a minimum of 60 days to remit payment,
and if reimbursement is fully made within the 60-day period...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-21A-10.11.htm - 1K - Match Info - Similar pages
|