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16-40A-2
Section 16-40A-2 Minimum contents to be included in sex education program or curriculum.
(a) Any program or curriculum in the public schools in Alabama that includes sex education
or the human reproductive process shall, as a minimum, include and emphasize the following:
(1) Abstinence from sexual intercourse is the only completely effective protection against
unwanted pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome
(AIDS) when transmitted sexually. (2) Abstinence from sexual intercourse outside of lawful
marriage is the expected social standard for unmarried school-age persons. (b) Course materials
and instruction that relate to sexual education or sexually transmitted diseases should be
age-appropriate. (c) Course materials and instruction that relate to sexual education or sexually
transmitted diseases should include all of the following elements: (1) An emphasis on sexual
abstinence as the only completely reliable method of avoiding unwanted...
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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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12-21-264
Section 12-21-264 Taking of deposition or videotaped deposition when victim or witness
unavailable because of exceptional circumstances. (a) In any criminal prosecution, the court
may, upon motion of the district attorney, the defense, or the court, for good cause shown
and after notice to the parties, order the taking of a deposition or a videotaped deposition
of a victim or a witness when the victim or witness is or may be unavailable for trial for
medical reasons or other exceptional circumstances. On any motion for a deposition or a videotaped
deposition of the victim or witness, the court shall consider the age of the victim or witness,
the potential unavailability of the victim or witness for trial, the nature of the offense,
the nature of testimony that may be expected, and the possible effect that testimony in person
at trial may have on the victim or witness, along with any other relevant matters that may
be required by Supreme Court rule. During the taking of a deposition or...
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13A-13-8
Section 13A-13-8 Failure to report missing child. (a) This section shall be known
and may be cited as Caylee's Law. (b) For purposes of this section, the following terms
shall have the meanings respectively ascribed to them by this section: (1) ABDUCTION.
The removal or retention of a child without the consent of the child's custodian. (2) CHILD.
A person who is less than 18 years of age. (3) CUSTODIAN. A child's father or mother, whether
biological or adoptive, a child's legally appointed guardian, or the spouse of a child's father,
mother, or legally appointed guardian. In the case where only one parent has legal custody,
the term means the parent with legal custody or his or her spouse. (4) GUARDIAN. A guardian
as defined in Section 26-2A-20. (5) LOST CHILD. A child who is unable to find his or
her way back to his or her custodian. (6) RUNAWAY CHILD. A child who voluntarily absents himself
or herself from the control of his or her custodian with intent to remain away indefinitely....
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13A-6-2
Section 13A-6-2 Murder. (a) A person commits the crime of murder if he or she does any
of the following: (1) With intent to cause the death of another person, he or she causes the
death of that person or of another person. (2) Under circumstances manifesting extreme indifference
to human life, he or she recklessly engages in conduct which creates a grave risk of death
to a person other than himself or herself, and thereby causes the death of another person.
(3) He or she commits or attempts to commit arson in the first degree, burglary in the first
or second degree, escape in the first degree, kidnapping in the first degree, rape in the
first degree, robbery in any degree, sodomy in the first degree, aggravated child abuse under
Section 26-15-3.1, or any other felony clearly dangerous to human life and, in the
course of and in furtherance of the crime that he or she is committing or attempting to commit,
or in immediate flight therefrom, he or she, or another participant if there be...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have
the following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE
FACILITY. A person or entity holding a Department of Human Resources license or approval or
certification to provide care, including foster care, for adults. (3) APPLICANT. A person
or entity who submits an application for license as a child care or adult care facility to
the Department of Human Resources or a child placing agency, or an application for employment
or for a volunteer position to a Department of Human Resources licensed child care or adult
care facility. With regard to child care and adult care facilities in a home setting, the
term includes an adult household member whose residence is in the home. The term also includes
an individual who submits an application for a volunteer position or for employment with the
Department of Human Resources in a position in which the person has unsupervised...
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12-15-208
Section 12-15-208 Facilities to be used for detention or shelter care of children generally;
when child may be detained in jail or other facility for detention of adults; notification
of juvenile court, when child received at facility for detention of adult offenders or persons
charged with crimes; development of statewide system; Department of Youth Services to subsidize
detention in regional facilities, may contract for detention; transfer of child to detention
facility, when case transferred from juvenile court for criminal prosecution. (a) Persons
who shall not be detained or confined in secure custody include all of the following: (1)
STATUS OFFENDERS. Effective October 1, 2009, status offenders, as defined in this article,
shall not be detained or confined in secure custody, except that a status offender who is
charged with or who commits a violation of a valid court order may be detained in secure custody
in a juvenile detention facility for up to 72 hours in any six-month...
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12-17-226.3
Section 12-17-226.3 Standards for admission. (a) In determining whether an offender
may be admitted into a pretrial diversion program established under this division, it shall
be appropriate for the district attorney to consider any of the following circumstances: (1)
If the offender is 18 years of age or older at the time the offense was committed. (2) There
is a probability justice will be served if the offender is placed in the pretrial diversion
program. (3) It is determined the needs of the community and of the offender can be met through
the pretrial diversion program. (4) The offender appears to pose no substantial threat to
the safety and well-being of the community or law enforcement. (5) The offender is not likely
to be involved in further criminal activity. (6) The offender will likely respond to rehabilitative
treatment. (7) The expressed wish of the victim for the offender to participate in the pretrial
diversion program. (8) Undue hardship upon the victim. (9) Whether the...
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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been
charged with a felony offense, except a violent offense as defined in Section 12-25-32,
may file a petition in the criminal division of the circuit court in the county in which the
charges were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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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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