12-17-275
Section 12-17-275 Duties. The official court reporter shall attend in person, except as otherwise
herein provided, the sessions of court held in the circuit for which he is appointed, and
in every case, where directed by the judge or requested by a party thereto, he shall take
full stenographic notes of the oral testimony and proceedings, except argument of counsel,
and note the order in which all documentary evidence is introduced, all objections of counsel,
the rulings of the court thereon and exceptions taken or reserved thereto. When directed by
the judge, he shall attend the investigations of the grand jury and there take such notes
of the testimony as directed by the district attorney or foreman. The original stenographic
notes of such court reporter in each case or proceeding officially reported shall be preserved
by him and treated as a part of the records of the respective courts, and upon his retirement
from office, shall be turned over to the clerks of such courts. In cases...
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12-21-180
Section 12-21-180 Subpoenas for witnesses. (a) At the request of any party to a pending case,
or the attorney of a party, the clerk of the court must issue subpoenas for witnesses, whose
addresses shall be given by the person requesting the subpoena, specifying therein the time
and place for their appearance, the title of the case and the party at whose instance they
are summoned and commanding them to appear in conformity therewith and give testimony. (b)
No subpoena shall issue for a witness residing more than 100 miles from the place of trial,
computed by the route usually traveled, unless the person requesting the subpoena makes affidavit
that the personal attendance of the witness is necessary to a proper decision of the case
and that the deposition of the witness would be insufficient for that purpose, and the fact
that such affidavit has been made must be endorsed by the clerk upon the subpoena. (c) A subpoena
issued under this section shall be directed "To any sheriff of the...
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15-10-40
Section 15-10-40 Issuance by clerk, district attorney or judge. A writ of arrest must be issued
by the clerk forthwith after the finding of the indictment against each defendant who is not
in actual custody, who has not been bailed, whose undertaking of bail has been declared forfeited
or when an order is made by the judge presiding when the indictment is returned by the grand
jury commanding that writ of arrest issue; or it may be issued without order of court by the
district attorney of the circuit or by any circuit judge. But if the defendant is in actual
custody, he shall be held by virtue of the indictment and no writ of arrest need be issued,
unless it is so ordered by the judge presiding when the indictment is found. (Code 1852, §601;
Code 1867, §4153; Code 1876, §4826; Code 1886, §4396; Code 1896, §5252; Code 1907, §6284;
Code 1923, §3278; Acts 1931, No. 556, p. 652; Code 1940, T. 15, §169.)...
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15-20A-48
Section 15-20A-48 Relation to other laws. (a) For the purposes of Sections 13A-5-2, 13A-5-6,
14-9-41, 15-18-8, 15-22-27.3, or any other section of the Code of Alabama 1975, a criminal
sex offense involving a child shall mean a conviction for any sex offense in which the victim
was a child under the age of 12 or any offense involving child pornography. (b) For the purpose
of Section 12-15-107(a)(7), a juvenile probation officer shall notify the state and either
the parent, legal guardian, or legal custodian of a juvenile sex offender, or the child's
attorney for the juvenile sex offender, of the pending release of the sex offender and provide
them with a copy of the risk assessment pursuant to subsection (c) of Section 15-20A-26. (c)
For the purpose of Section 12-15-116(a)(5), a juvenile court shall have exclusive original
jurisdiction to try any individual who is 18 years of age or older and violates any of the
juvenile criminal sex offender provisions of subdivision (1) of subsection...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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15-8-71
Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same. In all criminal
cases in the circuit court in which a capias or warrant of arrest has issued for two terms
and has been returned "not found," the district attorney may, by leave of the court,
withdraw and file the indictment, with leave to reinstate the same when the ends of justice
require such reinstatement. In all cases where a defendant is confined in one of the Alabama
state hospitals under the provisions of Sections 15-16-21 and 15-16-22, the district attorney
may, by leave of the court, withdraw and file the indictment, with leave to reinstate the
same when the ends of justice require such reinstatement. (Code 1867, §4149; Code 1876, §4822;
Code 1886, §4387; Code 1896, §4915; Code 1907, §7153; Code 1923, §4548; Code 1940, T.
15, §251; Acts 1959, 2nd Ex. Sess., No. 104, p. 322.)...
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2-2-14.2
Section 2-2-14.2 Forfeiture of conveyances and vehicles used to perpetrate livestock theft.
(a) All conveyances and vehicles of transportation including trailers and semitrailers, equine
or equidae, or any other equipment, together with all harness or other accessories, which
have been used, or are used in the commission of theft of livestock, as defined in Section
13A-8-4(f), shall be contraband, and in the discretion of the circuit court, may be forfeited
to the state Department of Agriculture and Industries, as hereinafter provided. (b) Livestock
theft investigators, appointed under Section 2-2-14, or any other officer authorized to enforce
those laws pertaining to the theft of livestock, who finds any vehicle, conveyance or equipment,
listed above, which is being, or has been, used in the perpetration of the crime of theft
of livestock, shall seize said vehicle, conveyance or equipment listed above, and report said
seizure to the district attorney in the county where the seizure...
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27-29-6
Section 27-29-6 Registered insurers - Examination of records, etc., of insurer or affiliates.
(a) Subject to the limitation contained in this section and in addition to the powers which
the commissioner has under Sections 27-2-7, 27-2-21, 27-2-23, and 27-2-26, relating to the
examination of insurers, the commissioner shall also have the power to examine any insurer
registered under Section 27-29-4 and its affiliates to ascertain the financial condition of
the insurer, including the enterprise risk to the insurer by the ultimate controlling party,
by any entity or combination of entities within the insurance holding company system, or by
the insurance holding company system on a consolidated basis. (b)(1) The commissioner may
order any insurer registered under Section 27-29-4 to produce such records, books, or other
information papers in the possession of the insurer or its affiliates as are reasonably necessary
to determine compliance with this title. (2) To determine compliance with...
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45-11-80.01
Section 45-11-80.01 Additional court costs; Public Safety Technology Fund. (a) In all criminal,
quasi-criminal, and traffic cases in district, circuit, and municipal courts in Chilton County,
there shall be taxed as costs an additional ten dollars ($10) in each case. The additional
court costs shall be collected in all cases where the defendant is adjudged guilty, a bond
forfeited, a penalty imposed, or where there is issued any alias or capias warrant of arrest.
The court cost assessed and collected herein shall be in addition to and not in lieu of any
other fees or costs. The court costs shall not be waived or remitted unless the defendant
proves to the reasonable satisfaction of the sentencing judge that the defendant is not capable
of paying the fee within the reasonable foreseeable future. (b) The court costs assessed by
this section shall be distributed monthly to the Public Safety Technology Fund, which shall
be created in the county treasury. The fund shall be administered by...
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45-3-80
Section 45-3-80 Written plea of not guilty; waiver of arraignment. (a) The provisions of this
section shall apply only to the 3rd Judicial Circuit of Alabama. (b) If a defendant in a criminal
case pending in a court of competent jurisdiction shall enter a written plea of not guilty
at any time prior to the day of his or her arraignment such plea shall constitute a waiver
of his or her right to have an arraignment at which he or she is present in person or at which
he or she is represented by an attorney. (Act 84-510, p. 1130, §§1, 2.)...
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