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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-5.htm - 3K - Match Info - Similar pages
20-2-68
Section 20-2-68 Liability for actions regarding investigations or disciplinary proceedings.
Any member of the board, any agent, employee, consultant, or attorney of the board, any person
making any report or rendering any opinion or supplying any evidence or information or offering
any testimony to the board in connection with any investigation or hearing conducted by the
board as authorized in this article, shall be immune from any lawsuit or legal proceeding
for any conduct in the course of his or her official duties with respect to such investigations
or hearings. (Act 2009-489, p. 891, ยง1.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/20-2-68.htm - 907 bytes - Match Info - Similar pages
22-11A-36
Section 22-11A-36 Appeal of commitment order; notice of appeal; limitations to be placed upon
liberty of person pending appeal. An appeal from an order of the probate court granting a
petition seeking to commit a person to the custody of the Alabama Department of Public Health
or such other facility as the court may order lies to the circuit court for trial de novo
unless the probate judge who granted the petition was learned in the law, in which case the
appeal lies to the Alabama Court of Civil Appeals on the record. Notice of appeal shall be
given in writing to the probate judge within five days after the respondent has received actual
notice of the granting of the petition and shall be accompanied by security for costs, to
be approved by the probate judge, unless the probate judge finds that the person sought to
be committed is indigent, in which case no security shall be required. Upon the filing of
a notice of appeal, the probate judge shall determine and enter an order setting...
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30-3B-308
Section 30-3B-308 Expedited enforcement of child custody determination. (a) A petition under
this article must be verified. Certified copies of all orders sought to be enforced and of
any order confirming registration must be attached to the petition. A copy of a certified
copy of an order may be attached instead of the original. (b) A petition for enforcement of
a child custody determination must state: (1) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising jurisdiction and, if so,
what the basis was; (2) Whether the determination for which enforcement is sought has been
vacated, stayed, or modified by a court whose decision must be enforced under this chapter
and, if so, identify the court, the case number, and the nature of the proceeding; (3) Whether
any proceeding has been commenced that could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination of parental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3B-308.htm - 3K - Match Info - Similar pages
12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
15-20A-16
Section 15-20A-16 Adult sex offender - Contact with former victims. (a) No adult sex offender
shall contact, directly or indirectly, in person or through others, by phone, mail, or electronic
means, any former victim. (b) No adult sex offender shall knowingly come within 100 feet of
a former victim. (c) No sex offender shall make any harassing communication, directly or indirectly,
in person or through others, by phone, mail, or electronic means to the victim or any immediate
family member of the victim. (d) A petition to exclude an adult sex offender from the requirements
of subsections (a) and (b) of this section and Section 15-20A-11(b) may be filed in accordance
with the requirements of Section 15-20A-24(c). The court shall conduct a hearing and shall
exclude an adult sex offender from the provisions of this section provided that: (1) The victim
appears in court at the time of the hearing and requests the exemption in writing in open
court. (2) The court finds by clear and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-20A-16.htm - 2K - 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
45-11-172.02
incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas
of the county. (b) If a dog, which is unowned and has been reported to be dangerous, bites
a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b). For purposes
of this subsection, "bites" means the same as "has been exposed" as defined
in Section 3-7A-1(5). (c) If there is probable cause to believe that an owned dog is dangerous
or a nuisance and has caused serious physical injury or has caused damage to real or
personal property, the law enforcement officer or animal control officer shall impound
the dog pending disposition of a petition to declare a dog to be dangerous or a nuisance.
The county may impound the dog at the county pound as described in Section 3-7A-7, or may
enter into an agreement with an animal shelter or licensed veterinarian to secure and impound
dangerous or nuisance dogs pursuant to this section. The owner of the dog shall be liable
to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-11-172.02.htm - 3K - Match Info - Similar pages
45-49-170.22
dog reported to be dangerous or a nuisance in the unincorporated areas of Mobile County. (b)
If a dog, which is unowned and has been reported to be dangerous, bites a person, the dog
may be quarantined and destroyed pursuant to subsection of Section 3-7A-9. For purposes of
this subsection, bites means the same as has been exposed as defined in subdivision (5) of
Section 3-7A-1. (c) If there is probable cause to believe that an owned dog is dangerous or
a nuisance and has caused serious physical injury or has caused damage to real or personal
property, the law enforcement officer or animal control officer shall impound the dog pending
disposition of a petition to declare a dog to be dangerous or a nuisance. The county may impound
the dog at the county pound as described in Section 3-7A-7, or may enter into an agreement
with an animal shelter or licensed veterinarian to secure and impound dangerous or nuisance
dogs pursuant to this section. The owner of the dog shall be liable to the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-49-170.22.htm - 3K - Match Info - Similar pages
6-6-752
Section 6-6-752 Contents of petition; order to show cause; service of petition and order on
district attorney; publication of public notice. (a) The authority for issuing such obligations,
the fact that an election has been held and that such election was in favor of the issuance
of such obligations, if an election was required, the ordinances or resolutions authorizing
their issuance and the fact of their adoption, and all essential proceedings had or taken
in connection therewith, the amount of the obligations to be issued, the maximum rate of interest
they are to bear, when principal and interest are to be paid and the place of payment (unless
the successful bidder at public sale will have the right to name, designate, request, or suggest
the place of payment, which shall be stated if this is the case), the tax or other means provided
for their payment, the assessed value of the property in the unit, the amount of outstanding
indebtedness incurred and the date or dates when so...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/6-6-752.htm - 4K - Match Info - Similar pages
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