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15-5-55
Section 15-5-55 Wireless communications service provider to provide location information in
certain emergency situations. (a) This section shall be known and cited as the Kelsey Smith
Act. (b) Upon request of a law enforcement officer as defined in Rule 1.4 of the Alabama Rules
of Criminal Procedure, who is on duty and acting in the course of his or her official duties
at the time of the request, a wireless communications service provider shall provide call
location information concerning the telecommunications device of a user to the requesting
law enforcement officer as soon as practicable after receipt of the request and after a showing
that an emergency situation exists at the time of the request by the law enforcement officer.
(c) A law enforcement officer shall not request information pursuant to this section unless
the request is made for the specific purpose of responding to a call for emergency services
or in an emergency situation that involves the risk or threat of death or...
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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3-1-29
Section 3-1-29 Activities relating to fighting of dogs prohibited; punishment; violations;
confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture.
(a) It shall be a Class C felony for any person to do any of the following: (1) To own, possess,
keep, or train any dog with the intent that such dog shall be engaged in an exhibition of
fighting with another dog. (2) For amusement or gain, to cause any dog to fight with another
dog, or cause any dogs to injure each other. (3) To permit any act in violation of subdivisions
(1) and (2) of this subsection. (b) It shall be a Class C felony for any person to be knowingly
present, as a spectator, at any place, building, or tenement where preparations are being
made for an exhibition of the fighting of dogs, with the intent to be present at such preparations,
or to be knowingly present at such exhibition or to knowingly aid or abet another in such
exhibition. (c) Any dog used to fight other dogs in...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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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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20-2-93
Section 20-2-93 Forfeitures; seizures. (a) The following are subject to forfeiture: (1) All
controlled substances which have been grown, manufactured, distributed, dispensed, or acquired
in violation of any law of this state; (2) All raw materials, products, and equipment of any
kind which are used or intended for use in manufacturing, cultivating, growing, compounding,
processing, delivering, importing, or exporting any controlled substance in violation of any
law of this state; (3) All property which is used or intended for use as a container for property
described in subdivision (1) or (2) of this subsection; (4) All moneys, negotiable instruments,
securities, or other things of value furnished or intended to be furnished by any person in
exchange for a controlled substance in violation of any law of this state; all proceeds traceable
to such an exchange; and all moneys, negotiable instruments, and securities used or intended
to be used to facilitate any violation of any law of this...
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36-25A-7
Section 36-25A-7 Executive sessions. (a) Executive sessions are not required by this chapter,
but may be held by a governmental body only for the following purposes: (1) To discuss the
general reputation and character, physical condition, professional competence, or mental health
of individuals, or, subject to the limitations set out herein, to discuss the job performance
of certain public employees. However, except as provided elsewhere in this section, discussions
of the job performance of specific public officials or specific public employees may not be
discussed in executive session if the person is an elected or appointed public official, an
appointed member of a state or local board or commission, or a public employee who is one
of the classification of public employees required to file a statement of economic interests
with the Alabama Ethics Commission pursuant to Section 36-25-14. Except as provided elsewhere
in this section, the salary, compensation, and job benefits of...
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12-14-13
Section 12-14-13 Probation. (a) Municipal courts may suspend execution of sentence and place
a defendant on probation for varying periods of time, not to exceed two years. (b) The court
may require such investigations as may be deemed necessary and desirable to be made by a probation
officer or such other suitable person or persons as the court may designate as to the circumstances
of the offense and the criminal record, social history and present condition of the defendant.
(c) The court may suspend the execution of sentence and continue the defendant under an existing
bond or may require such additional bail as it deems necessary pending the disposition of
the application for probation. (d) The court shall determine and may, at any time, modify
the conditions of probation and may require the probationer to comply with the following or
any other conditions: (1) To avoid injurious or vicious habits; (2) To avoid persons or places
of disreputable or harmful character; (3) To report to...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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36-18-2
Section 36-18-2 Duties generally; maintenance, inspection, and copying of reports of investigations
of Director of Forensic Sciences; police authority of Director of Forensic Sciences and assistants.
The duties of the director shall be to make such investigations, including any necessary autopsy,
to be performed by physicians licensed to practice medicine in Alabama and recognized and
trained in forensic medicine and pathology; provided, however, that the director may waive
this requirement temporarily whenever a medical examiner vacancy exists which he is seeking
to fill. Said investigations of unlawful, suspicious or unnatural deaths and crimes as are
ordered by the Governor, the Attorney General, any circuit judge, or any district attorney
in the State of Alabama, and the director and his staff shall cooperate with the coroners,
sheriffs and other police officers in Alabama in their investigations of crimes and deaths
from unlawful, suspicious or unnatural causes. The director shall...
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