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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing and
analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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17-3-52
Section 17-3-52 Examination and oath of applicants; disclosure of information. The board of
registrars shall have power to examine, under oath or affirmation, all applicants for registration,
and to take testimony touching the qualifications of such applicants, but no applicant shall
be required to answer any question, written or oral, not related to his or her qualifications
to register. In order to aid the registrars to judicially determine if applicants to register
have the qualifications to register to vote, each applicant shall be furnished by the board
a written application, which shall be uniform in all cases with no discrimination as between
applicants, the form and contents of which application shall be promulgated by rule by the
Secretary of State of the State of Alabama. The application shall be so worded that there
will be placed before the registrars information necessary or proper to aid them to pass upon
the qualifications of each applicant. The application shall be...
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26-21-3
Section 26-21-3 Written consent of parent or guardian to performing abortion on unemancipated
minor; written statement where abortion to be performed on emancipated minor; waiver of consent
requirement; coercion; forms. (a) Except as otherwise provided in subsections (b) and (d)
of this section and Sections 26-21-4 and 26-21-5 hereof, no physician shall perform an abortion
upon an unemancipated minor unless the physician or his or her agents first obtain the written
consent of either parent or the legal guardian of the minor. (b) The physician who shall perform
the abortion or his or her agents shall obtain or be provided with the written consent from
either parent or legal guardian stating the names of the minor, parent, or legal guardian,
that he or she is informed that the minor desires an abortion and does consent to the abortion,
the date, and the consent shall be signed by either parent or legal guardian. The signatures
of the parents, parent, or legal guardian shall be affixed...
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40-23-68
Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f),
the tax imposed by this article shall be due and payable to the department monthly on or before
the 20th day of the month next succeeding each month during which the storage, use, or other
consumption of tangible personal property became taxable hereunder. (b) Every seller or person
engaged in making retail sales of tangible personal property for storage, use, or other consumption
in this state, who alternatively: (1) Maintains, occupies, or uses, permanently or temporarily,
directly or indirectly, or through a subsidiary, or agent by whatever name called, an office,
place of distribution, sales, or sample room or place, warehouse or storage place, or other
place of business; (2) Qualifies to do business or registers with the state to collect the
tax levied by this chapter; (3) Employs or retains under contract any representative, agent,
salesman, canvasser, solicitor, or installer operating in...
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8-6-19
Section 8-6-19 Civil liabilities of sellers, agents, etc.; remedies of purchasers. (a) Any
person who: (1) Sells or offers to sell a security in violation of any provision of this article
or of any rule or order imposed under this article or of any condition imposed under this
article, or (2) Sells or offers to sell a security by means of any untrue statement of a material
fact or any omission to state a material fact necessary in order to make the statements made,
in the light of the circumstances under which they are made, not misleading, the buyer not
knowing of the untruth or omission, and who does not sustain the burden of proof that he did
not know and in the exercise of reasonable care could not have known of the untruth or omission,
is liable to the person buying the security from him who may bring an action to recover the
consideration paid for the security, together with interest at six percent per year from the
date of payment, court costs and reasonable attorneys' fees,...
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30-3-61
Section 30-3-61 Withholding order required in child support orders; employer to withhold support
from income due and pay to designee; income withholding order issued by another state; when
order served on employer; delinquency of support payments. (a) Any provision of Section 8-5-21,
to the contrary notwithstanding, any original decree, judgment, or order issued by a court
of this state for the payment of support, any decree or judgment entered pursuant to a petition
to modify an original decree or award of support, any decree or judgment of contempt of court
for failure to pay support as previously ordered by a court of this state, or any decree or
judgment for criminal or civil nonsupport shall include as a separate section a withholding
order subject to subsection (c) of this section directing any employer of the obligor to withhold
and pay over to the clerk of the court or the Department of Human Resources, or its designee,
whichever is appropriate, out of income due or to become...
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31-13-7
Section 31-13-7 Receipt of state or local public benefits; verification of lawful presence
in the United States; violations; annual reports. (a) As used in this section, the following
terms have the following meanings: (1) EMERGENCY MEDICAL CONDITION. The same meaning as provided
in 42 U.S.C. § 1396b(v)(3). (2) FEDERAL PUBLIC BENEFITS. The same meaning as provided in
8 U.S.C. § 1611. (3) STATE OR LOCAL PUBLIC BENEFITS. The same meaning as provided in 8 U.S.C.
§ 1621. (b) An alien who is not lawfully present in the United States and who is not defined
as an alien eligible for public benefits under 8 U.S.C. § 1621(a) or 8 U.S.C. § 1641 shall
not receive any state or local public benefits. (c) Except as otherwise provided in subsection
(e) or where exempted by federal law, commencing on September 1, 2011, each agency or political
subdivision of the state shall verify with the federal government the lawful presence in the
United States of each alien who applies for state or local...
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9-16-79
Section 9-16-79 Hearings and appeals procedure. Procedures for hearings and appeals under this
article shall be made as herein provided and in accordance with such general rules and regulations
as the regulatory authority may prescribe. These procedures shall take precedence over the
Alabama Administrative Procedure Act, which shall in no respect apply to proceedings arising
under this article. (1)a. A determination by the regulatory authority as specified by law
shall be made promptly and shall include a statement as to the action to be taken and reasons
therefor. Notice of the determination or decision shall be promptly given to the parties involved
by delivery or by mailing such notices to their last known addresses. When the regulatory
authority gives a notice of determination, unless an appeal is filed by any person having
an interest which may be adversely affected with the chief hearing officer within 30 days
of such notice such determination shall be deemed final and not...
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2-27-9
Section 2-27-9 Registration, application, and fees; registration powers of commissioner; appeal
and review. (a) Every pesticide or device which is distributed, sold, or offered for sale
within this state or delivered for transportation or transported in intrastate commerce or
between points within this state through any point outside this state shall be registered
with the commissioner upon application forms prescribed and furnished by the commissioner,
and such registration or registrations shall be renewed during the registrant's renewal year,
due January 1 of the renewal year. The applicant shall pay a biennial registration fee established
by the Board of Agriculture and Industries not to exceed six hundred dollars ($600). The fee
shall be paid according to the schedule in subsection (i). The fee shall accompany the application
for registration and be deposited to the credit of the Agricultural Fund of the State Treasury
for the exclusive benefit of the Pesticide Management Division...
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