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15-18-82.1
Section 15-18-82.1 Methods of execution; election of method; constitutionality. (a)
A death sentence shall be executed by lethal injection, unless the person sentenced to death
affirmatively elects to be executed by electrocution or nitrogen hypoxia. The sentence shall
be executed pursuant to Section 15-18-82. (b) A person convicted and sentenced to death
for a capital crime at any time shall have one opportunity to elect that his or her death
sentence be executed by electrocution or nitrogen hypoxia. (1) The election for death by electrocution
is waived unless it is personally made by the person in writing and delivered to the warden
of the correctional facility within 30 days after the certificate of judgment pursuant to
a decision by the Alabama Supreme Court affirming the sentence of death or, if a certificate
of judgment is issued before July 1, 2002, the election must be made and delivered to the
warden within 30 days after July 1, 2002. If a warrant of execution is pending on...
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45-13-20
Section 45-13-20 Municipal option election for legalization of sale and distribution
of alcoholic beverages. (a)(1) The Legislature of Alabama is cognizant of "Opinion of
the Justices No. 376," issued April 9, 2002, which states that a local bill for Cherokee
County "purporting to allow by local law the creation of a traffic in alcohol that does
not presently exist in smaller municipalities in Cherokee County, does not fit within the
ambit of the last paragraph of Section 104 permitting the Legislature to pass local
laws regulating or prohibiting such traffic." The effect of this Opinion of the Justices
is to greatly limit situations in which local laws may be enacted regarding alcoholic beverages.
This opinion was, in part, based upon a determination that, "Generally, 'regulate' implies
the exercise of control over something that already exists." While respecting the constitutional
authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of
1901, this...
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36-27-16
Section 36-27-16 Retirement, etc., of employees; retirement allowances. (a)(1) RETIREMENT,
ETC., OF EMPLOYEES GENERALLY; ELIGIBILITY FOR SERVICE RETIREMENT BENEFITS. a. Any Tier I plan
member who withdraws from service upon or after attainment of age 60 and any Tier II plan
member who withdraws from service upon or after attainment of age 62 may retire upon written
application to the Board of Control setting forth at what time, not less than 30 days nor
more than 90 days subsequent to the execution and filing thereof, he or she desires to be
retired; provided, that any such member who became a member on or after October 1, 1963, shall
have completed 10 or more years of creditable service; provided further, that a Tier I plan
member employed as a state policeman shall be eligible to file application for service retirement
upon attaining age 52 and a Tier II plan member employed as a state policeman or employed
as a correctional officer, firefighter, or law enforcement officer as defined...
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16-1-20.6
Section 16-1-20.6 Released time for student participation in religious instruction.
(a) This section shall be known and may be cited as the Alabama Released Time Credit
Act. (b) The Legislature finds and declares all of the following: (1) That the United States
Supreme Court, in its decision in Zorach v. Clauson, 343 U.S. 306 (1952), upheld the constitutionality
of released time programs for religious instruction for public school students during the
school day. (2) That the United States Constitution and state law allows local school districts
to offer religious released time education for the benefit of public school students. (3)
That the purpose of this section is to incorporate a constitutionally acceptable method
of allowing school districts to offer released time classes and, in grades where credit is
earned, to award students elective credit for classes taken during the school day in released
time programs. (c) As used in this section, the term released time means a period of...
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14-13-2
Section 14-13-2 Adoption and text of Interstate Corrections Compact. The Interstate
Corrections Compact is hereby enacted into law and entered into by the State of Alabama with
any and all states legally joining therein, in accordance with its terms, in the form substantially
as follows: INTERSTATE CORRECTIONS COMPACT Article I (Purpose and Policy) The party states,
desiring by common action to fully utilize and improve their institutional facilities and
provide adequate programs for the confinement, treatment, and rehabilitation of various types
of offenders, declare that it is the policy of each of the party states to provide such facilities
and programs on a basis of cooperation with one another, thereby serving the best interests
of such offenders and of society and effecting economies in capital expenditures and operational
costs. The purpose of this compact is to provide for the mutual development and execution
of such programs of cooperation for the confinement, treatment and...
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26-23H-2
Section 26-23H-2 Legislative Findings. (a) This state's statute criminalizing abortion,
Section 13A-13-7, has never been repealed. It has remained unenforceable as a result
of the U.S. Supreme Court decision in Roe v. Wade, 410 U.S. 113 (1973) and its progeny, which
struck down as unconstitutional a Texas statute criminalizing abortion and which effectively
repealed by implication and made unenforceable all other state statutes criminalizing abortion.
(b) On November 6, 2018, electors in this state approved by a majority vote a constitutional
amendment to the Constitution of Alabama of 1901 declaring and affirming the public policy
of the state to recognize and support the sanctity of unborn life and the rights of unborn
children. The amendment made it clear that the Constitution of Alabama of 1901 does not include
a right to an abortion or require the funding of abortions using public funds. (c) In present
state law, Section 13A-6-1 defines a person for homicide purposes to include an...
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45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic
beverages. (a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376,
825 So. 2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County
"purporting to allow by local law the creation of a traffic in alcohol that does not
presently exist in smaller municipalities in Cherokee County, does not fit within the ambit
of the last paragraph of Section 104 permitting the Legislature to pass local laws
regulating or prohibiting such traffic." The effect of this Opinion of the Justices is
to greatly limit situations in which local laws may be enacted regarding alcoholic beverages.
This opinion was, in part, based upon a determination that, "Generally, 'regulate' implies
the exercise of control over something that already exists." While respecting the constitutional
authority granted to the Alabama Supreme Court to interpret the Constitution of Alabama of
1901,...
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15-9-81
Section 15-9-81 Adoption and text of agreement on detainers. The agreement on detainers
is hereby enacted into law and entered into by the State of Alabama with any and all jurisdictions
legally joining therein, in the form substantially as follows: AGREEMENT ON DETAINERS The
contracting states solemnly agree that: Article I. The party states find that charges outstanding
against a prisoner, detainers based on untried indictments, informations or complaints and
difficulties in securing speedy trial of persons already incarcerated in other jurisdictions,
produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly,
it is the policy of the party states and the purpose of this agreement to encourage the expeditious
and orderly disposition of such charges and determination of the proper status of any and
all detainers based on untried indictments, informations or complaints. The party states also
find that proceedings with reference to such charges...
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36-15-1
Section 36-15-1 Duties generally. The Attorney General shall keep his or her office
at the capital city and perform the following duties: (1)a. He or she shall give his or her
opinion in writing, or otherwise, on any question of law connected with the interests of the
state or with the duties of any of the departments, when required by the Governor, Secretary
of State, Auditor, Treasurer, Superintendent of Education, Commissioner of Agriculture and
Industries, Director of Finance, Comptroller, State Health Officer, Public Service Commissioners,
Commissioner of Conservation and Natural Resources, or the Commissioner of the Department
of Revenue or any other officer or department of the state when it is made, by law, his or
her duty so to do, and he or she shall also give his or her opinion to the Chairman of the
Judiciary Committee of either house, when required, upon any matter under the consideration
of the committee. b. The Attorney General shall give his or her opinion, in writing...
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45-37-123.01
Section 45-37-123.01 Definitions. For the purposes of this part, the following terms
shall have the following meanings: (1) ACT. The act adding this part, to be called the General
Retirement System for Employees of Jefferson County Act. (2) ACTIVE MEMBER. An individual
who currently is employed by the county or other entities set forth in subdivision (20) and
is making employee contributions to the system. (3) ACTUARIAL EQUIVALENT. Effective July 30,
1984, or such other dates as set forth in Exhibit A, which is maintained in the office of
the pension board, a form of benefit differing in time, period, or manner of payment from
a specific benefit provided under the plan but having the same value when computed using the
mortality tables, the interest rate, and any other assumptions last adopted by the pension
board, which assumptions shall clearly preclude any discretion in the determination of the
amount of a member's benefit. (4) ACTUARIAL GAIN. As defined in Section...
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