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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-264.htm - 5K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/14-11-30.htm - 2K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-175.htm - 7K - Match Info - Similar pages
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.)...
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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-21-203.htm - 2K - Match Info - Similar pages
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