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13A-1-8
Section 13A-1-8 Procedural matters; civil liabilities not affected by title; prosecution when
more than one offense. (a)(1) Except as otherwise provided herein, the procedure governing
the accusation, prosecution, conviction, and punishment of offenders and offenses is not regulated
by this title. (2) This title does not bar, suspend, or otherwise affect any right or liability
to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced
in a civil action, regardless of whether the conduct involved in the proceeding constitutes
an offense defined in this title. (b) When the same conduct of a defendant may establish the
commission of more than one offense, the defendant may be prosecuted for each such offense.
He may not, however, be convicted of more than one offense if: (1) One offense is included
in the other, as defined in Section 13A-1-9; or (2) One offense consists only of a conspiracy
or other form of preparation to commit the other; or (3)...
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15-20A-6
Section 15-20A-6 Allegation of sexual motivation. (a)(1) The indictment, count in the indictment,
information, complaint or warrant charging the offense may include a specification of sexual
motivation or the prosecuting attorney may file an allegation of sexual motivation in any
criminal case classified as a felony or Class A misdemeanor if sufficient admissible evidence
exists that would justify a finding of sexual motivation by a reasonable and objective finder
of fact. (2) If a specification is included in the indictment, count in the indictment, information,
complaint, or warrant charging the offense the specification shall be stated at the end of
the body of the indictment, count in the indictment, information, complaint, or warrant and
shall be in substantially the following form: "SPECIFICATION or SPECIFICATION TO THE
FIRST COUNT. The Grand Jurors (or insert appropriate name) further find and specify that the
offender committed the offense with a sexual motivation." (3) If the...
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22-3-5
Section 22-3-5 County health officers - Duties generally. It shall be the duty of the county
health officer: (1) To exercise, subject to the advice of the county board of health in accordance
with the health laws of the state, general supervision over the sanitary interests of the
county; and, should he discover any cause of disease or the existence of any condition detrimental
to the health of the people, he shall, so far as authorized by law, compel the removal or
abatement of the same; and, should no authority for removal or abatement exist, he shall report
the fact to the county board of health, adding such recommendations as to special action as
he may deem proper; (2) To make personal and thorough investigation of the first case or early
cases of any diseases suspected of being or known to be any one of those enumerated in Chapter
11 of this title that may come to his knowledge or be reported to him; and, should he decide
such case or cases to be one of those enumerated in said...
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13A-5-40
Section 13A-5-40 Capital offenses. (a) The following are capital offenses: (1) Murder by the
defendant during a kidnapping in the first degree or an attempt thereof committed by the defendant.
(2) Murder by the defendant during a robbery in the first degree or an attempt thereof committed
by the defendant. (3) Murder by the defendant during a rape in the first or second degree
or an attempt thereof committed by the defendant; or murder by the defendant during sodomy
in the first or second degree or an attempt thereof committed by the defendant. (4) Murder
by the defendant during a burglary in the first or second degree or an attempt thereof committed
by the defendant. (5) Murder of any police officer, sheriff, deputy, state trooper, federal
law enforcement officer, or any other state or federal peace officer of any kind, or prison
or jail guard, while the officer or guard is on duty, regardless of whether the defendant
knew or should have known the victim was an officer or guard on...
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33-6-10
Section 33-6-10 Enforcement of chapter, rules, etc.; prosecutions under chapter; violations
and penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced
by the State Board of Health and the State Department of Conservation and Natural Resources
according to rules adopted by the board and department. (b) Any person may complain under
oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter
or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district
attorney, or indictment returned by a grand jury, the charge shall be tried in court to which
the warrant is returnable, and the warrant may be made returnable to a district court or to
the circuit court and the courts shall have original and concurrent jurisdiction of the offense,
or if an indictment is returned, the circuit court shall have jurisdiction of the offense.
Convicted persons may appeal as now provided by law. Whether...
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34-3-43
Section 34-3-43 Powers generally. (a) The Board of Commissioners shall have power: (1) To determine,
by rules, the qualifications and requirements for admission to the practice of law; (2) To
conduct through a Board of Examiners the examination of applicants; and such Board of Examiners
shall certify to the Supreme Court the names of the applicants found to be qualified; such
certifications shall entitle such persons to be enrolled in the bar of the state and to practice
law; provided, that the fees required are paid; (3) Subject to the approval of the supreme
court, to formulate rules governing the conduct of all persons admitted to practice and to
investigate, or cause to be investigated, and to pass upon all complaints that may be made
concerning the professional conduct of any person who has been, or may hereafter be, admitted
to the practice of the law; (4) Subject to the approval of the supreme court, to formulate
rules governing the reinstatement of members of the bar who have...
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34-5-8
Section 34-5-8 Authority of Board of Barber Examiners; refusal to issue or renew license or
certificate; appeals. The board shall have the power to refuse, revoke, and suspend licenses
and certificates strictly in accordance with the provisions of this chapter, upon proof of
violation of any sections of this chapter. The members of the board shall have the power to
administer oaths and shall have the power to require the attendance of witnesses and the production
of books, records, and papers as it may desire at any hearing on any matter which the board
has the authority to investigate, and for that purpose may require the secretary of the board
to issue a subpoena duces tecum to compel the production of any books, records, or papers,
directed to the sheriff of the county where such witness resides or may be found, which subpoenas
and subpoenas duces tecum shall be served and returned in the same manner as a subpoena in
a criminal case is served and returned. The fees and mileage of...
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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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12-16-100
Section 12-16-100 Drawing, selection, and empaneling of juries in criminal cases - Generally.
(a) In every criminal case the jury shall be drawn, selected and empaneled as follows: Upon
the trial by jury in the circuit courts of any person charged with a felony, including a capital
felony, a misdemeanor, or violation, the court shall require a strike list or lists to be
compiled from the names appearing on the master strike list as established in Section 12-16-74.
In compiling the list or lists, names of qualified jurors may be omitted on a nonselective
basis. A strike list shall be furnished for the trial of any case at hand and a copy thereof
given to all parties. The jurors whose names appear thereon shall be brought into open court,
the case shall be called and in the presence of the district attorney and the defendant and
his attorney, the jurors shall be examined on voir dire for the trial of the case at hand.
After the conclusion of the voir dire examination and the removal from...
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15-20A-19
Section 15-20A-19 Adult sex offender - Sexually violent predator. (a) The state, upon conviction
and prior to sentencing, may petition the sentencing court to enter an order declaring a person
convicted in this state of a sexually violent or predatory offense as a sexually violent predator.
(b) At sentencing, a court may declare a person to be a sexually violent predator. For the
purposes of this section, a person is a sexually violent predator if either of the following
applies: (1) The person is a repeat sexually violent offender. (2) The person commits a sexually
violent offense and is likely to engage in one or more sexually violent offenses in the future.
(c) A person is a repeat sexually violent offender for the purposes of this section if the
person is convicted of more than one sexually violent offense. (d) For the purposes of this
section, a sexually violent offense is any of the following: (1) A sex offense committed by
forcible compulsion, violence, duress, menace, fear of...
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