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26-17-621
Section 26-17-621 Admissibility of results of genetic testing; expenses. (a) Except as otherwise
provided in subsection (c), a record of a genetic-testing expert is admissible as evidence
of the truth of the facts asserted in the report unless a party objects in writing to its
admission within 14 days after its receipt by the objecting party and cites specific grounds
for exclusion. The admissibility of the report is not affected by whether the testing was
performed: (1) voluntarily or pursuant to an order of the court or the Alabama Department
of Human Resources; or (2) before or after the commencement of the proceeding. (b) A party
objecting to the results of genetic testing may call one or more genetic-testing experts to
testify in person or by another method approved by the court. Unless otherwise ordered by
the court, the party offering the testimony bears the expense for the expert testifying. (c)
Copies of bills for prenatal and postnatal health care for the mother and child...
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15-23-102
Section 15-23-102 Order to submit to testing; designation of attending physician; additional
testing; access to results; post-test counseling. (a)(1) If the district attorney files a
motion under Section 15-23-101, the court shall order the person charged to submit to testing
if the court determines there is probable cause to believe that the person charged committed
the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily
fluids, or any other crime where the victim was compelled to engage in sexual activity by
force or threat of force and the transmission of body fluids was involved. (2) If a warrant,
information, or indictment has been issued and the defendant is in custody or has been served
with the warrant, information, or indictment, the test shall be performed within 48 hours
of service of the court order requiring the defendant to submit to testing. (b) When a test
is ordered under Section 15-23-101, the victim of the crime or a parent or...
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26-17-607
Section 26-17-607 Action to disprove parentage when there is a presumed father. (a) Except
as otherwise provided in subsection (b), a presumed father may bring an action to disprove
paternity at any time. If the presumed father persists in his status as the legal father of
a child, neither the mother nor any other individual may maintain an action to disprove paternity.
(b) A presumption of paternity under this section may be rebutted in an appropriate action
only by clear and convincing evidence. In the event two or more conflicting presumptions arise,
that which is founded upon the weightier considerations of public policy and logic, as evidenced
by the facts, shall control. The presumption of paternity is rebutted by a court decree establishing
paternity of the child by another man. (Act 2008-376, p. 666, ยง2.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-17-607.htm - 1K - Match Info - Similar pages
26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-17-636.htm - 4K - Match Info - Similar pages
25-5-339
Section 25-5-339 Confidentiality of information. (a) All information, interviews, reports,
statements, memoranda, and test results, written or otherwise, received by the employer through
a substance abuse testing program are confidential communications, but may be used or received
in evidence, obtained in discovery, or disclosed in any civil or administrative proceeding,
except as provided in subsection (c). (b) Employers, laboratories, medical review officers,
employee assistance programs, drug or alcohol rehabilitation programs, and their agents who
receive or have access to information concerning test results shall keep all information confidential.
Release of such information under any other circumstance shall be solely pursuant to a written
consent form signed voluntarily by the person tested, unless the release is compelled by an
agency of the state or a court of competent jurisdiction or unless deemed appropriate by a
professional or occupational licensing board in a related...
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36-18-20
Section 36-18-20 Declaration of purpose. The Legislature hereby finds, determines and declares:
(a) That the tragic incidence of violent crime in our society is growing at an alarming rate,
and that these offenses often times are committed by repeat or habitual offenders against
our most innocent and defenseless citizens. (b) That there is a critical and urgent need to
provide law enforcement officers and agencies with the latest scientific technology available
for the purpose of identifying, apprehending, arresting, and convicting those violent offenders.
(c) That DNA testing, profiling, and analysis allows a more certain and rapid identification
of such offenders as well as the exoneration of those wrongfully suspected or accused. (d)
That genetic identification technology through DNA testing is generally accepted by the relevant
scientific community. (e) That the procedures and techniques employing the underlying theory
of DNA identification is capable of producing reliable results...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/36-18-20.htm - 3K - Match Info - Similar pages
45-35-20.06
Section 45-35-20.06 Civil action for violations. (a) In addition to any other remedy or penalty
at law, when there is reason to believe that any person is violating or is about to violate
this part, the Houston County Commission may initiate a civil action in the Circuit Court
of Houston County in the name of the county against the person for preliminary and permanent
injunctive relief, to prevent or enjoin the violation. The Alabama Rules of Civil Procedure
shall apply to the extent that the rules are not inconsistent with this part except that no
temporary restraining order shall be issued pursuant to this section. No bond shall be required
of the county or county commission bringing the action and the official, the county commission,
and the officers, agents, and employees of the county commission shall not be liable for costs
or damages, other than court costs, by reason of injunctive orders not being granted or where
judgment is entered in favor of the defendant by the trial or an...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-35-20.06.htm - 3K - Match Info - Similar pages
12-17-330
Section 12-17-330 Appointment; rehearing; ratification of findings and recommendations. (a)
The Administrative Director of Courts may authorize one or more referee positions in any judicial
circuit on either a full-time or a part-time basis upon submission of a written request by
the presiding circuit court judge and upon consideration of funding and the number of child
support cases in the domestic relations division of the circuit court, including cases brought
pursuant to Title IV-D of the Social Security Act. Once the Administrative Director of Courts
approves the request, the presiding judge of the circuit court may appoint an attorney the
judge believes to be qualified to fill the position, subject to the approval of the Administrative
Director of Courts. The amount to be paid the referee and the manner of payment shall be determined
by the Administrative Director of Courts. (b) The presiding judge of the circuit court may
direct that the referee hear child support cases in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-17-330.htm - 7K - Match Info - Similar pages
12-23-4
Section 12-23-4 Court referral officers or contracting entities; appointment; supervision by
Administrative Director of Courts and circuit judges; compensation; duties. (a) The Administrative
Director of Courts is authorized to appoint court referral officers or contract with individuals
or entities to provide alcohol and drug assessment for courts and to conduct the court referral
programs in each court jurisdiction of the state. Such appointments or contracts shall be
made or entered into with the advice of the presiding circuit judge. The Administrative Director
of Courts shall designate the locations where said court referral programs, court referral
officers or contracting entities or individuals shall serve, which designations may be changed
from time to time; provided, however, that all appointed court referral officers and approved
court referral programs shall serve at the pleasure of the Administrative Director of Courts.
Any individual or entity which contracts to conduct...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-23-4.htm - 4K - Match Info - Similar pages
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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