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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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15-25-2
Section 15-25-2 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Videotaped deposition; who may be present; procedure; protective order. (a)
In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the
district attorney or Attorney General, for good cause shown and after notice to the defendant,
may order the taking of a videotaped deposition of an alleged victim of or witness to the
crime who is under the age of 16 at the time of the order. (b) On any motion for a videotaped
deposition of the victim or a witness, the court shall consider the age and maturity of the
child, the nature of the offense, the nature of testimony that may be expected, and the possible
effect that the 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. (c) During the taping
of a videotaped deposition authorized pursuant to this section, the...
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30-5-5
Section 30-5-5 Standing to file sworn petition for protection order; disclosure of information;
costs and fees. (a) The following persons have standing to file a sworn petition for a protection
order under this chapter as a plaintiff: (1) A person who is at least 18 years old or is otherwise
emancipated and is the victim of abuse, as defined in Section 30-5-2, or has reasonable cause
to believe he or she is in imminent danger of becoming the victim of any act of abuse. (2)
A parent, legal guardian, next friend, court-appointed guardian ad litem, or the State Department
of Human Resources may petition for relief on behalf of the following: a. A minor child. b.
Any person prevented by physical or mental incapacity from seeking a protection order. (b)
Standardized petitions for actions pursuant to this chapter shall be made available through
the circuit clerks' offices around the state. The circuit clerk shall not provide assistance
to persons in completing the forms or in presenting...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as
the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to
be an important matter of public policy that an accommodation be made for military members
who are asked to testify in civil or criminal trials in this state but are unable to attend
in person. The purpose of this section is to ease the burdens on military personnel and their
families brought on by the duty of appearing as a witness in a trial in this state when summoned.
The purpose of this section is also to allow members of the armed services to assist in trials
in this state as witnesses without interrupting their military service, while protecting the
rights of all parties in civil or criminal litigation. The purpose of this section is also
to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious
resolution of cases in this state by providing a procedure in which testimony of...
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15-8-150
and intentionally to cut out or disable his tongue, or to put out or destroy his eye, etc.
(14) ASSAULT WITH INTENT TO MURDER. A. B., unlawfully and with malice aforethought, did assault
C. D., with the intent to murder him. (15) ASSAULT WITH INTENT TO RAVISH. A. B. did assault
C. D., a woman, with the intent forcibly to ravish her. (16) ASSAULT WITH INTENT TO ROB. A.
B. assaulted C. D. with the felonious intent, by violence to his person or by putting him
in fear of some serious and immediate injury to his person, to rob him. (17) BETTING
AT CARDS, DICE, ETC. A. B. bet at a game played with cards or dice, or some device or substitute
for cards or dice, at a tavern, inn, storehouse for retailing spirituous liquors, or house
or place where spirituous liquors were at the time sold, retailed or given away, or in a public
house, highway or some other public place or at an outhouse where people resorted (or other
place forbidden by law), against, etc. (18) BETTING AT GAMING TABLE, ETC. A....
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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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15-25-32
Section 15-25-32 Out-of-court statement - Requirements for admissibility. An out-of-court statement
may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding,
or testifies by means of video tape deposition as provided by Section 15-25-2, or testifies
by means of closed circuit television as is provided in Section 15-25-3, and at the time of
such testimony is subject to cross-examination about the out-of-court statements; or (2)a.
The child is found by the court to be unavailable to testify on any of these grounds: 1. The
child's death; 2. The court finds that there are reasonable grounds to believe that the defendant
or someone acting on behalf of the defendant has intentionally removed the child from the
jurisdiction of the court; 3. The child's total failure of memory; 4. The child's physical
or mental disability; 5. The child's incompetency, including the child's inability to communicate
about the offense because of fear or a similar reason; or...
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15-25-5
Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or deposition
of victim or witness under age 10. In any criminal proceeding and juvenile cases wherein the
defendant is alleged to have had unlawful sexual contact or penetration with or on a child,
the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged
victim or witness who is under the age of 10 in testifying on direct and cross-examination
at trial, or in a videotaped deposition as provided in this article. (Acts 1985, No. 85-743,
p. 1143, ยง5.)...
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12-17-330
shall become the order of the circuit court when ratified by the original signature of the
circuit court judge presiding over the case. (h) If a matter before a referee requires immediate
action, the referee shall state in his or her written findings and recommendations why the
recommendations should be effective immediately. These matters for immediate action may include,
but are not limited to, matters of contempt, the physical safety of the child, or the safety
of others, or when the personal liberty of the child may be infringed. In such event,
the written recommendations of the referee shall be effective and binding, upon the consent
of the parties, for a period not exceeding 72 hours. In the event the parties do not consent
to immediate action, the recommendations shall be reviewed immediately by a circuit court
judge, who may order an appropriate temporary order based on the findings and recommendations,
which order will be effective for a period not exceeding 72 hours. In...
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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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