45-42-82.43
Section 45-42-82.43 Ineligibility for program. Admittance into the pretrial diversion
program is in the absolute discretion of the district attorney. However, an offender deemed
by the district attorney to be a threat to the safety or well-being of the community shall
not be eligible for the program. Further, an offender charged with the following offenses
shall be ineligible for admittance: (1) A Class A felony or capital offense. (2) An offense
which intentionally, knowingly, or recklessly resulted in death or serious physical injury
to a person. (3) An offense involving the use of a deadly weapon. (4) Chemical endangerment
of a child. (5) An offense involving violence in which the victim was a child under 14 years
of age, a law enforcement officer, a school officer, a correctional officer, active duty military
personnel of the United States Armed Forces, or an elderly person over the age of 65. (6)
An offense involving violence in which the victim was an employee of any school...
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15-18-83
Section 15-18-83 Persons who may be present at execution. (a) The following persons
may be present at an execution and none other: (1) The executioner and any persons necessary
to assist in conducting the execution. (2) The Commissioner of Corrections or his or her representative.
(3) Two physicians, including the prison physician. (4) The spiritual advisor of the condemned.
(5) The chaplain of Holman Prison. (6) Such newspaper reporters as may be admitted by the
warden. (7) Any of the relatives or friends of the condemned person that he or she may request,
not exceeding six in number. (8) The immediate family of the victim, over the age of 19, not
exceeding eight in number and apportioned equally among the victim's immediate family members.
If there are fewer than eight total immediate family members of the victim, additional non-immediate
family members of the victim, over the age of 19, not to exceed eight total immediate and
non-immediate family members. (9) If there are fewer than...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of
the following: (1) The capital offense was committed by a person under sentence of imprisonment.
(2) The defendant was previously convicted of another capital offense or a felony involving
the use or threat of violence to the person. (3) The defendant knowingly created a great risk
of death to many persons. (4) The capital offense was committed while the defendant was engaged
or was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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13A-10-15
Section 13A-10-15 Terrorist threats. (a) A person commits the crime of making a terrorist
threat when he or she credibly, based on an objective evaluation, threatens to commit a crime
of violence against a person or to damage any property by use of a bomb, explosive, weapon
of mass destruction, firearm, deadly weapon, or other mechanism and any of the following:
(1) The threat causes the evacuation of any real property, as defined under this section.
(2) The threat causes the disruption of school, church, or government activity. (3) The threat
is with intent to retaliate against the victim because of his or her involvement or participation
as any of the following: a. A witness or party in any judicial or administrative proceeding.
b. A person who produced records, documents, or other objects in a judicial or administrative
proceeding. c. A person who provided to a law enforcement officer, adult or juvenile probation
officer, prosecuting attorney, or judge any information relating to...
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31-2A-49
Section 31-2A-49 (Article 49.) Depositions. (a) At any time after charges have been
signed as provided in Section 31-2A-30 (Article 30), any party may take oral or written
depositions unless the military judge or summary court-martial officer hearing the case or,
if the case is not being heard, an authority competent to convene a court-martial for the
trial of those charges forbids it for good cause. (b) The party at whose instance a deposition
is to be taken shall give to every other party reasonable written notice of the time and place
for taking the deposition. (c) Depositions may be taken before and authenticated by any military
or civil officer authorized by the laws of the state or by the laws of the place where the
deposition is taken to administer oaths. (d) A duly authenticated deposition taken upon reasonable
notice to the other parties, so far as otherwise admissible under the rules of evidence, may
be read in evidence or, in the case of audiotape, videotape, digital image...
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12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall
be known as the "Alabama Armed Services Accommodation Act." (b) The Legislature
finds it to be an important matter of public policy that an accommodation be made for military
members who are asked to testify in civil or criminal trials in this state but are unable
to attend in person. The purpose of this section is to ease the burdens on military
personnel and their families brought on by the duty of appearing as a witness in a trial in
this state when summoned. The purpose of this section is also to allow members of the
armed services to assist in trials in this state as witnesses without interrupting their military
service, while protecting the rights of all parties in civil or criminal litigation. The purpose
of this section is also to better enable the fact-finder to obtain crucial evidence
and will aid in the expeditious resolution of cases in this state by providing a procedure
in which testimony of...
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13A-6-131
Section 13A-6-131 Domestic violence - Second degree. (a)(1) A person commits the crime
of domestic violence in the second degree if the person commits the crime of assault in the
second degree pursuant to Section 13A-6-21; the crime of intimidating a witness pursuant
to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6-90; the
crime of burglary in the second or third degree pursuant to Sections 13A-7-6 and 13A-7-7;
or the crime of criminal mischief in the first degree pursuant to Section 13A-7-21
and the victim is a current or former spouse, parent, step-parent, child, step-child, any
person with whom the defendant has a child in common, a present household member, or a person
who has or had a dating relationship with the defendant. (2) For the purposes of this section,
a household member excludes non-romantic or non-intimate co-residents, and a dating relationship
means a current or former relationship of a romantic or intimate nature characterized by the
expectation...
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15-27-5
Section 15-27-5 Objections; hearing; ruling. (a) If the prosecuting authority or victim
files an objection to the granting of a petition under this chapter, the court having jurisdiction
over the matter shall set a date for a hearing no sooner than 14 days from the filing of the
objection. The court shall notify the prosecuting authority and the petitioner of the hearing
date. In the discretion of the court, the court shall consider the following factors: (1)
Nature and seriousness of the offense committed. (2) Circumstances under which the offense
occurred. (3) Date of the offense. (4) Age of the person when the offense was committed. (5)
Whether the offense was an isolated or repeated incident. (6) Other conditions which may have
contributed to the offense. (7) An available probation or parole record, report, or recommendation.
(8) Whether the offense was dismissed or nolle prossed as part of a negotiated plea agreement
and the petitioner plead guilty to another related or lesser...
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15-20A-27
Section 15-20A-27 Juvenile sex offender - Community notification. (a) In determining
whether to apply notification requirements to a juvenile sex offender, the sentencing court
shall consider any of the following factors relevant to the risk of re-offense: (1) Conditions
of release that minimize the risk of re-offense, including, but not limited to, whether the
juvenile sex offender is under supervision of probation, parole, or aftercare; receiving counseling,
therapy, or treatment; or residing in a home situation that provides guidance and supervision.
(2) Physical conditions that minimize the risk of re-offense, including, but not limited to,
advanced age or debilitating illness. (3) Criminal history factors indicative of high risk
of re-offense, including whether the conduct of the juvenile sex offender was found to be
characterized by repetitive and compulsive behavior. (4) Whether psychological or psychiatric
profiles indicate a risk of recidivism. (5) The relationship between the...
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13A-6-191
Section 13A-6-191 Definitions. For purposes of this chapter, the following terms shall
have the following meanings: (1) CAREGIVER. An individual who has the responsibility for the
care of an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship. (2) DECEPTION. Deception occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true. b. Fails to correct a false impression which the defendant previously has created
or confirmed. c. Fails to correct a false impression when the defendant is under a duty to
do so. d. Prevents another from acquiring information pertinent to the disposition of the
property involved. e. Sells or otherwise transfers or encumbers property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the...
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