38-9F-3
Section 38-9F-3 Definitions. For purposes of this chapter, the following terms shall have the following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person: a. Abuse, as defined in Section 38-9-2. b. Arson, as defined in Sections 13A-7-40 to 13A-7-43, inclusive. c. Assault, as defined in Sections 13A-6-20 to 13A-6-22, inclusive. d. Criminal coercion, as defined in Section 13A-6-25. e. Criminal trespass as defined in Sections 13A-7-2 to 13A-7-4.1, inclusive. f. Emotional abuse, as defined in Section 13A-6-191. g. Financial exploitation, as defined in Sections 13A-6-191 and 8-6-171. h. Harassment, as defined in Section 13A-11-8. i. Kidnapping, as defined in Sections 13A-6-43 and 13A-6-44. j. Menacing, as defined in Section 13A-6-23. k. Reckless endangerment, as defined in Section 13A-6-24. l. Sexual abuse, as defined as any of the acts in...
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13A-6-130
Section 13A-6-130 Domestic violence - First degree. (a)(1) A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6-20; aggravated stalking pursuant to Section 13A-6-91; or burglary in the first degree pursuant to Section 13A-7-5 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 of affectionate or sexual involvement by either party. (b) Domestic violence in the first degree is a Class A felony, except that the defendant shall serve a minimum term of imprisonment 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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26-14-1
Section 26-14-1 Definitions. For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section: (1) ABUSE. Harm or threatened harm to a child's health or welfare. Harm or threatened harm to a child's health or welfare can occur through nonaccidental physical or mental injury, sexual abuse or attempted sexual abuse, or sexual exploitation or attempted sexual exploitation. Sexual abuse includes the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or having a child assist any other person to engage in, any sexually explicit conduct or any simulation of the conduct for the purpose of producing any visual depiction of the conduct; or the rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children as those acts are defined by Alabama law. Sexual exploitation includes allowing, permitting, or encouraging a child to engage in prostitution and...
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30-6-11
Section 30-6-11 Disposition of funds. There is created the Domestic Violence Trust Fund within the State Treasury for the specific purpose of funding certified domestic violence centers. The fund shall be administered by the Department of Economic and Community Affairs. Beginning on January 1, 2016, and thereafter, in addition to any and all other fees collected for any marriage license or other documentation of marriage, the marriage license issuing agent or marriage recording agent shall collect sixty dollars ($60). The funds, as well as those fines imposed pursuant to subsection (f) of Section 30-5-8, shall be designated only for the purposes of this chapter, and forwarded monthly to the department for deposit in the Domestic Violence Trust Fund. Ten percent of unspent and unencumbered funds shall be retained in the fund. The remaining portion of the funds shall revert to the General Fund at the end of the fiscal year. (Acts 1981, No. 81-813, p. 1452, §11; Acts 1987, No. 87-596, p....
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38-9D-3
Section 38-9D-3 Alabama Interagency Council for the Prevention of Elder Abuse. There is created the Alabama Interagency Council for the Prevention of Elder Abuse. The members of the council shall include, but not be limited to, the following: (1) The chief executive officer, or his or her designee, of each of the following participating agencies and organizations: a. The Alabama 911 Network. b. The Administrative Office of Courts. c. The Attorney General. d. The Banking Department. e. The Coalition Against Domestic Violence. f. The Crime Victims Compensation Commission. g. The Department of Forensic Sciences. h. The Department of Human Resources. i. The Department of Insurance. j. The Department of Mental Health. k. The Department of Public Health. l. The Alabama State Law Enforcement Agency. m. The Department of Senior Services. n. The Department of Veterans Affairs. o. The Governor's Office of Faith Based Initiatives and Community Service. p. The Medicaid Agency. q. The Office of...
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10A-5-1.06
Section 10A-5-1.06 Application of partnership provisions to limited liability companies; classification for federal income tax purposes. REPEALED IN THE 2014 REGULAR SESSION BY ACT 2014-144 EFFECTIVE JANUARY 1, 2017. (a) The terms "partnership" and "limited partnership," when used in any chapter or title other than the Alabama Limited Liability Company Law, the Alabama General Partnership Law, and the Alabama Limited Partnership Law, and any successors of those laws, include a limited liability company organized under this chapter, unless the context requires otherwise. (b) Notwithstanding subsection (a), for purposes of taxation, other than Chapter 14A of Title 40, a domestic or foreign limited liability company shall be treated as a partnership unless it is classified otherwise for federal income tax purposes, in which case it shall be classified in the same manner as it is for federal income tax purposes. (c) A foreign or domestic limited liability company governed by this chapter...
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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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17-4-33
Section 17-4-33 Computerized statewide voter registration list. (a) The State of Alabama shall provide, through the Secretary of State, a nondiscriminatory, single, uniform, official, centralized, interactive computerized statewide voter registration list defined, maintained, and administered by the Secretary of State, with advice from the Voter Registration Advisory Board and the President of the Alabama Probate Judges Association, which contains the name and registration information of every legally registered voter in the state. The computerized list shall comply with the following requirements: (1) It shall serve as the single system for storing and managing the official list of registered voters throughout the state. (2) It shall contain the name, address, and voting location, as well as other information deemed necessary by the Voter Registration Advisory Board or the Secretary of State, of every legally registered voter in the state. (3) A unique identifier shall be assigned to...
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26-2A-2
Section 26-2A-2 Rule of construction; purposes. (a) This chapter shall be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this chapter are to: (1) Simplify and clarify the law concerning the affairs of minors, missing or disappeared persons, protected persons, and incapacitated persons; (2) Promote a speedy and efficient system for managing and protecting the estates of protected persons so that assets may be preserved for application to the needs of protected persons and their dependents; (3) Provide a system of general and limited guardianships for minors and incapacitated persons and to coordinate guardianships and protective proceedings concerned with management and protection of estates of incapacitated persons; and (4) Make uniform the law among the various jurisdictions. (Acts 1987, No. 87-590, p. 975, §1-102.)...
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