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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-18-200.htm - 8K - Match Info - Similar pages
26-10A-31
Section 26-10A-31 Confidentiality of records, hearing; parties. (a) After the petition is filed and prior to the entry of the final decree, the records in adoption proceedings shall be open to inspection only by the petitioner or his or her attorney, the investigator appointed under Section 26-10A-19, any attorney appointed for the adoptee under Section 26-10A-22, and any attorney retained by or appointed to represent the adoptee. Such records shall be open to other persons only upon order of court for good cause shown. (b) All hearings in adoption proceedings shall be confidential and shall be held in closed court without admittance of any person other than interested parties and their counsel, except with leave of court. (c) After the final decree of adoption has been entered, all papers, pleadings, and other documents pertaining to the adoption shall be sealed, kept as a permanent record of the court, and withheld from inspection except as otherwise provided in this section and in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-10A-31.htm - 6K - Match Info - Similar pages
45-45-110.02
Section 45-45-110.02 Meeting days. (a) The Board of Registrars of Madison County shall meet at the county courthouse for the purpose of registering voters on the first Monday in each month, and may also meet an additional 220 days in each calendar year any place in the county that it may select. (b)(1) At any meeting of the board applications for registration shall be taken from persons residing anywhere in the county. The court of county commissioners, board of revenue, or like governing body of Madison County, or the governing body of any city in Madison County, in its discretion, may employ clerical assistants for the board, fix their compensation, and provide for the payment thereof from the general fund of the county or city. (2) The board shall meet for the purpose of purging the lists of registered voters and holding hearings thereon at the times now prescribed by law. In addition, the board may purge names from the lists of registered voters at any time the board is in session...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-45-110.02.htm - 2K - Match Info - Similar pages
12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions; components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge of each judicial circuit, with the consent of the district attorney of that judicial circuit, may establish a drug court or courts, under which drug offenders shall be processed, to appropriately address the identified substance abuse problem of the drug offender as a condition of pretrial release, pretrial diversion, probation, jail, prison, parole, community corrections, or other release or diversion from a correctional facility. The structure, method, and operation of each drug court may differ and should be based upon the specific needs of and resources available to the judicial district or circuit where the drug court is located, but shall be created and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama Supreme Court. (2) Nothing in this chapter shall affect the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23A-4.htm - 6K - Match Info - Similar pages
22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA, pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations the procedures for review of applications for certificates of need and for issuance of certificates of need. Rules and regulations governing review procedures shall include, but not necessarily be limited to, the following: (1) Agreement with other review agencies for review procedures consistent with this article and federal regulations. (2) Application procedures and forms of the application necessary to elicit and provide all necessary information as required by the review criteria. (3) Establishment of a project review period of 90 days from the date the state agency determines that the application is complete and notification thereof is made to the applicant. The rules and regulations may provide for a period of not more than 15 days for determination of the completeness of the application,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-275.htm - 10K - Match Info - Similar pages
22-52-10.9
Section 22-52-10.9 Order finding defendant insane, mentally incompetent, etc., to be entered into information systems; civil review. (a)(1) Upon any finding that a defendant is insane, mentally incompetent, or not guilty by reason of mental disease or defect pursuant to Chapter 16 of Title 15, or the Alabama Rules of Criminal Procedure, the judge shall immediately forward the order of the finding to the Alabama Law Enforcement Agency and the order shall be entered in its information systems. The order shall be forwarded to the Alabama Law Enforcement Agency in the manner as the Alabama Justice Information Center Commission shall provide. (2) The Alabama Law Enforcement Agency, as soon as possible thereafter, shall enter the order in the National Instant Criminal Background Check System (NICS) and the information shall be entered into the NICS Index Denied Persons File. (3) The records maintained pursuant to this section shall only be used for purposes of determining eligibility to...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-52-10.9.htm - 3K - Match Info - Similar pages
40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence in the fairness of the state tax system, the state shall provide an independent agency with tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer has had a full opportunity to attempt settlement with the Department of Revenue based, among other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal within the executive branch of government, this chapter provides taxpayers with a means of resolving controversies that insures both the appearance and the reality of due process and fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing shall be commenced by the filing of a notice of appeal protesting...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
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
19-3A-106
Section 19-3A-106 Conversion to unitrust. (a) Unless expressly prohibited by the governing instrument, a trustee may convert a trust into a unitrust as described in this section if all of the following apply: (1) The trustee has concluded that the conversion will enable the trustee to better carry out the intent of the settlor or testator and the purposes of the trust. (2) The trustee gives written notice of the trustee's intention to convert the trust into a unitrust, including the trustee's initial decisions as set forth below, to all the qualified beneficiaries. The written notice shall include the following: a. An explanation of how the unitrust will operate; b. The effective date of the conversion to a unitrust; c. The unitrust percentage to be used; d. The provisions for prorating a unitrust distribution for a short year in which a beneficiary's right to payments commences or ceases; e. Whether the net fair market value of the trust assets will be determined annually or averaged...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/19-3A-106.htm - 13K - Match Info - Similar pages
34-4-29
Section 34-4-29 Revocation or suspension - Procedure generally; grounds; notice and hearing required before denial, suspension, or revocation; administrative fines. (a) The board may revoke or suspend licenses as provided in this section. (b) The board may, upon its own motion, and shall, upon the verified complaint in writing of any person containing evidence, documentary or otherwise, that makes out a prima facie case, investigate the actions of any auctioneer, apprentice auctioneer, or any person who assumes to act in either capacity, and hold a hearing on the complaint. (c) The board may suspend or revoke any license which has been issued based on false or fraudulent representations. The board may also suspend or revoke the license of any licensee for any of the following acts: (1) Making any substantial misrepresentation. (2) Pursuing a continued and flagrant course of misrepresentation or making false promises through agents, advertising, or otherwise. (3) Accepting valuable...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-4-29.htm - 4K - Match Info - Similar pages
|