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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the
indictment, information, complaint or warrant charging the offense may include a specification
of sexual motivation or the prosecuting attorney may file an allegation of sexual motivation
in any criminal case classified as a felony or Class A misdemeanor if sufficient admissible
evidence exists that would justify a finding of sexual motivation by a reasonable and objective
finder of fact. (2) If a specification is included in the indictment, count in the indictment,
information, complaint, or warrant charging the offense the specification shall be stated
at the end of the body of the indictment, count in the indictment, information, complaint,
or warrant and shall be in substantially the following form: "SPECIFICATION or SPECIFICATION
TO THE FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify
that the offender committed the offense with a sexual motivation." (3) If the...
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15-22-36
Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures,
etc.; notice of board action. (a) In all cases, except treason and impeachment and cases in
which sentence of death is imposed and not commuted, as is provided by law, the Board of Pardons
and Paroles, after conviction and not otherwise, may grant pardons and paroles and remit fines
and forfeitures. (b) Each member of the Board of Pardons and Paroles favoring a pardon, parole,
remission of a fine or forfeiture, or restoration of civil and political rights shall enter
in the file his or her reasons in detail, which entry and the order shall be public records,
but all other portions of the file shall be privileged. (c) No pardon shall relieve one from
civil and political disabilities unless specifically expressed in the pardon. No pardon shall
be granted unless the prisoner has successfully completed at least three years of permanent
parole or until the expiration of his or her sentence if his or her...
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15-8-50
Section 15-8-50 Allegation of different means or intents. When an offense may be committed
by different means or with different intents, such means or intents may be alleged in an indictment
in the same count in the alternative. (Code 1852, §573; Code 1867, §4123; Code 1876, §4796;
Code 1886, §4383; Code 1896, §4911; Code 1907, §7149; Code 1923, §4544; Code 1940, T.
15, §247.)...
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15-15-21
Section 15-15-21 Information preferred and filed against defendant. When the desire
of a defendant to plead guilty is made known to the court, it shall direct the district attorney
of such court to prefer and file an information against such defendant, under the oath of
such district attorney or some witness, which information shall accuse the defendant, with
the same certainty as an indictment, of the criminal offense for which he is being held. (Acts
1939, No. 227, p. 367; Code 1940, T. 15, §261.)...
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15-19-1
Section 15-19-1 Investigation and examination by court to determine how tried; consent
of minor to trial without jury; arraignment as youthful offender; notice and hearing. (a)
A person charged with a crime which was committed in his or her minority but was not disposed
of in juvenile court and which involves moral turpitude or is subject to a sentence of commitment
for one year or more shall, and, if charged with a lesser crime may be investigated and examined
by the court to determine whether he or she should be tried as a youthful offender, provided
he or she consents to such examination and to trial without a jury where trial by jury would
otherwise be available to the defendant. If the defendant consents and the court so decides,
no further action shall be taken on the indictment or information unless otherwise ordered
by the court as provided in subsection (b). (b) After such investigation and examination,
the court, in its discretion, may direct that the defendant be arraigned...
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15-15-20.1
Section 15-15-20.1 Non-capital felony offense. (a) In any criminal proceeding for a
non-capital felony offense commenced by complaint, the defendant may give written notice three
days after his or her arrest to a judge of the district or circuit court of the county having
jurisdiction of the offense charged that the defendant desires to plead guilty as charged
or as a youthful offender upon the granting of youthful offender status. (b) Upon receipt
of the written notice from the defendant stating his or her desire to plead guilty, the court
shall direct the district attorney to prefer and file an information against the defendant.
The information shall be made under oath of the district attorney or a witness, and shall
accuse the defendant with the same specificity as required in an indictment of the offense
or offenses for which the defendant is charged. This section shall not be construed
to preclude the district attorney from amending or dismissing a pending charge against a...
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13A-5-41
Section 13A-5-41 Lesser included offenses. Subject to the provisions of Section
13A-1-9(b), the jury may find a defendant indicted for a crime defined in Section 13A-5-40(a)
not guilty of the capital offense but guilty of a lesser included offense or offenses. Lesser
included offenses shall be defined as provided in Section 13A-1-9(a), and when there
is a rational basis for such a verdict, include but are not limited to, murder as defined
in Section 13A-6-2(a), and the accompanying other felony, if any, in the provision
of Section 13A-5-40(a) upon which the indictment is based. (Acts 1981, No. 81-178,
p. 203, §3; Acts 1982, No. 82-567, p. 945, §1.)...
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15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (a) The state, upon
conviction and prior to sentencing, may petition the sentencing court to enter an order declaring
a person convicted in this state of a sexually violent or predatory offense as a sexually
violent predator. (b) At sentencing, a court may declare a person to be a sexually violent
predator. For the purposes of this section, a person is a sexually violent predator
if either of the following applies: (1) The person is a repeat sexually violent offender.
(2) The person commits a sexually violent offense and is likely to engage in one or more sexually
violent offenses in the future. (c) A person is a repeat sexually violent offender for the
purposes of this section if the person is convicted of more than one sexually violent
offense. (d) For the purposes of this section, a sexually violent offense is any of
the following: (1) A sex offense committed by forcible compulsion, violence, duress, menace,
fear of...
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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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12-23-5
Section 12-23-5 Request to enroll in program in lieu of drug prosecution; guidelines;
conditions. Any person arrested or charged with the violation of a controlled substance offense
as set forth in Sections 13A-12-212, 13A-12-213 or 13A-12-214 may file a request with the
district attorney having jurisdiction over the offense to enroll in a drug abuse treatment
program in lieu of undergoing prosecution. Admission to such treatment program and deferral
of prosecution may be granted at the discretion of the district attorney. The Office of Prosecution
Services shall establish guidelines, which shall be used by the prosecutor in evaluating the
request for diversion from the criminal justice system into rehabilitation. If prosecution
has been initiated by the filing of a complaint, information or indictment, prior approval
and dismissal of the case must be obtained from the judge presiding over the case. Admission
to such treatment or rehabilitation program and deferral of prosecution is...
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