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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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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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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
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41-9-85.5
Section 41-9-85.5 Provisional remedies. (a) The Securities Commission, acting on behalf of
a victim of a crime, may apply for any and all provisional remedies that are also otherwise
available to the victim. (b) The provisional remedies of attachment, injunction, receivership,
and notice of pendency available to the victim of the crime under existing law and the Alabama
Rules of Civil Procedure shall also be available to the Securities Commission in all actions
under this division. (c) Upon the filing of a motion for a provisional remedy, the moving
party shall state whether any other provisional remedy has previously been sought in the same
action against the same defendant. The court may require the moving party to elect between
those remedies to which it would otherwise be entitled. (Act 2019-538, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-85.5.htm - 1K - Match Info - Similar pages
13A-6-157
Section 13A-6-157 Civil action by victims; venue; relief awarded. (a) An individual who is
a victim of human trafficking may bring a civil action in the appropriate state court. (b)
Venue for any action brought under this section shall be in the county in which the offense
was committed or in any other county into or through which the person upon whom it was committed
may have been carried in the commission of the offense. If venue is proper in more than one
county, venue shall be in either county. (c) The court may award actual damages, compensatory
damages, punitive damages, injunctive relief, and any other appropriate relief. A prevailing
plaintiff shall also be awarded attorney's fees and costs. Treble damages shall be awarded
on proof of actual damages where defendant's acts were willful and malicious. (d) The court
shall award a prevailing plaintiff attorney's fees and costs. (e) Upon commencement of any
action brought under this section, the clerk of the court shall mail a copy...
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41-9-80.6
Section 41-9-80.6 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE JUNE 10, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The Securities Commission,
acting on behalf of a victim of a crime, may apply for any and all provisional remedies that
are also otherwise available to the victim. (b) The provisional remedies of attachment, injunction,
receivership, and notice of pendency available to the victim of the crime under existing law
and the Alabama Rules of Civil Procedure shall also be available to the Securities Commission
in all actions under this division. (c) Upon the filing of a motion for a provisional remedy,
the moving party shall state whether any other provisional remedy has previously been sought
in the same action against the same defendant. The court may require the moving party to elect
between those remedies to which it would otherwise be entitled. (Act 2019-538, §2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-80.6.htm - 1K - Match Info - Similar pages
45-13-41
Section 45-13-41 License requirements; operation of massage parlor; unlawful activities; violations.
(a) The provisions of this section shall apply to all counties having a population of not
less than 26,000 nor more than 26,800 inhabitants according to the 1970 or any subsequent
federal decennial census. (b) The following words and terms as used in this section shall,
unless the context requires a different meaning, have the meanings respectively ascribed to
them by this section: (1) The term "massage parlor" shall mean any establishment,
building, room, or place other than a regularly licensed hospital, medical clinic, nursing
home, or dispensary, the offices of a physician, a surgeon, or an osteopath, where non-medical,
non-surgical, non-osteopathic, and non-chiropractic manipulative exercises, massages, or procedures
are practiced upon the human body, or any part thereof, for other than cosmetic or beautifying
purposes, with or without the use of mechanical or other devices, by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-13-41.htm - 9K - Match Info - Similar pages
45-45-83.48
Section 45-45-83.48 Individual agreement between offender and district attorney. (a) In any
case in which an offender is admitted into a PTIP there shall be a written agreement between
the district attorney and the offender. The agreement shall include the terms of the intervention
program, the length of the program, and the period of time after which the district attorney
will dispose of the charges against the offender in a noncriminal manner or what charges the
defendant shall plead guilty to and the sentence the offender shall receive. In all cases
where as part of the PTIP the offender agrees to plead guilty to a particular offense and
receive a specific sentence which shall be approved by an appropriate circuit or district
judge of the Twenty-third Judicial Circuit prior to admission to the PTIP. (b) As a condition
of being admitted to the PTIP the district attorney may require the offender to agree to any
of the following terms or conditions: (1) Attend school including, but not...
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6-5-546
Section 6-5-546 Venue of actions; transfer. In any action for injury or damages or wrongful
death whether in contract or in tort against a health care provider based on a breach of the
standard of care, the action must be brought in the county wherein the act or omission constituting
the alleged breach of the standard of care by the defendant actually occurred. If plaintiff
alleges that plaintiff's injuries or plaintiff's decedent's death resulted from acts or omissions
which took place in more than one county within the State of Alabama, the action must be brought
in the county wherein the plaintiff resided at the time of the act or omission, if the action
is one for personal injuries, or wherein the plaintiff's decedent resided at the time of the
act or omission if the action is one for wrongful death. If at any time prior to the commencement
of the trial of the action it is shown that the plaintiff's injuries or plaintiff's decedent's
death did not result from acts or omissions...
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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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