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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12-15-701
Section 12-15-701 Definitions; applicability of prostitution statutes; procedures. (a) For the purposes of this section, sexually exploited child shall mean an individual under the age of 18 years who is under the jurisdiction of the juvenile court and who has been subjected to sexual exploitation because he or she is any of the following: (1) A victim of the crime of human trafficking sexual servitude as provided in Section 13A-6-150, et seq. (2) Engaged in prostitution as provided in Section 13A-12-120 or 13A-12-121. (3) A victim of the crime of promoting prostitution as provided in Section 13A-12-111, 13A-12-112, or 13A-12-113. (b) A sexually exploited child may not be adjudicated delinquent or convicted of a crime of prostitution as provided in Section 13A-12-120 or 13A-12-121, or any municipal ordinance prohibiting such acts. (c) In any proceeding based upon a child's arrest for an act of prostitution, there is a presumption that the child satisfies the definition of a sexually...
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32-5A-194
Section 32-5A-194 Chemical tests; admissible as evidence; procedure for valid chemical analyses; permits for individuals performing analyses; persons qualified to withdraw blood; presumptions based on percent of alcohol in blood; refusal to submit; no liability for technician. (a) Upon the trial of any civil, criminal, or quasi-criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual control of a vehicle while under the influence of alcohol or controlled substance, evidence of the amount of alcohol or controlled substance in a person's blood at the alleged time, as determined by a chemical analysis of the person's blood, urine, breath, or other bodily substance, shall be admissible. Where such a chemical test is made the following provisions shall apply: (1) Chemical analyses of the person's blood, urine, breath, or other bodily substance to be considered valid under the provisions of this section shall have been...
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15-22-27.4
Section 15-22-27.4 Parole of persons convicted of sex offense involving person under 13 years of age - Chemical castration treatment. (a) As used in this section, the following terms shall have the following meanings: (1) CHEMICAL CASTRATION TREATMENT. The receiving of medication, including, but not limited to, medroxyprogesterone acetate treatment or its chemical equivalent, that, among other things, reduces, inhibits, or blocks the production of testosterone, hormones, or other chemicals in a person's body. (2) SEX OFFENSE INVOLVING A PERSON UNDER THE AGE OF 13 YEARS. A sex offense, as described in Section 15-20A-5, that is committed against a person who has not attained the age of 13 years. (b) Subject to Section 15-22-27.3, as a condition of parole, a court shall order a person convicted of a sex offense involving a person under the age of 13 years to undergo chemical castration treatment, in addition to any other punishment prescribed for that offense or any other provision of...
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12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the context clearly indicates otherwise, the following words and phrases shall have the following respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct, sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term includes, but is not limited to, evidence of the complaining witness's marital history, mode of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the community standards. (b) In any prosecution for criminal sexual conduct or for assault with intent to commit, attempt to commit or conspiracy to commit...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration all of the following: (1) The financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant. (2) The ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial well-being of the victim. (b) When a defendant has been convicted of the following offenses after February 1, 2009, the court may consider the factors enumerated in subsection (a) and shall order restitution to be paid as follows: (1) When a...
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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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38-9-2
Section 38-9-2 Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (1) ABUSE. The infliction of physical pain, injury, or the willful deprivation by a caregiver or other person of services necessary to maintain mental and physical health. (2) ADULT IN NEED OF PROTECTIVE SERVICES. A person 18 years of age or older whose behavior indicates that he or she is mentally incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others, or who, because of physical or mental impairment, is unable to protect himself or herself from abuse, neglect, exploitation, sexual abuse, or emotional abuse by others, and who has no guardian, relative, or other appropriate person able, willing, and available to assume the kind and degree of protection and supervision required under the circumstances. (3) CAREGIVER. An individual who has the responsibility for the care of a protected...
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15-22-36.1
Section 15-22-36.1 Certificate of Eligibility to Register to Vote. (a) Any other provision of law notwithstanding, any person, regardless of the date of his or her sentence, may apply to the Board of Pardons and Paroles for a Certificate of Eligibility to Register to Vote if all of the following requirements are met: (1) The person has lost his or her right to vote by reason of conviction in a state or federal court in any case except those listed in subsection (g). (2) The person has no criminal felony charges pending against him or her in any state or federal court. (3) The person has paid all fines, court costs, fees, and victim restitution ordered by the sentencing court at the time of sentencing on disqualifying cases. (4) Any of the following are true: a. The person has been released upon completion of sentence. b. The person has been pardoned. c. The person has successfully completed probation or parole and has been released from compliance by the ordering entity. (b) The...
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14-11-30
Section 14-11-30 Definitions. When used in this article, the following words shall have the following meanings: (1) CUSTODY. Any of the following: a. Pretrial incarceration or detention. b. Incarceration or detention under a sentence or commitment to a state or local penal institution, any detention facility for children or youthful offenders. c. Parole or mandatory supervised release. d. Electronic home detention. e. Parole or probation. (2) EMPLOYEE. An employee or contractual employee of any governmental agency of the state, county, or municipality that has by statute, ordinance, or court order the responsibility for the care, control, or supervision of pretrial or sentenced persons in a penal system or detention facility. (3) SEXUAL CONDUCT. Any of the following acts: a. Sexual intercourse. This term shall have its ordinary meaning and occurs upon a penetration, however slight; emission is not required. b. Sexual contact. Any known touching for the purpose of sexual arousal,...
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