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45-42-82.43
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 system which lies within the geographic...
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31-2-105
Section 31-2-105 Courts-martial for members of National Guard - Delivery of certificate to
sheriff for execution of sentence; disposition of fines. Where any sentence of a fine or imprisonment
shall be imposed by any military court of this state, it shall be the duty of the Adjutant
General, upon approval of the findings and sentences of such court by the Governor, to make
out and sign a certificate entitling the case, giving the name of the accused, the date and
place of trial, the date of approval of the sentence, the amount of the fine and term of imprisonment,
if any, and deliver such certificate to the sheriff of the county wherein the sentence is
to be executed. It shall thereupon be the duty of such officer to carry the sentence into
execution in the manner prescribed by law for the collection of fines and serving imprisonment
in criminal cases determined in the courts of this state. All fines collected under the provisions
of this chapter shall be paid to the State of Alabama....
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31-2A-99
Section 31-2A-99 (Article 99.) Misbehavior before the enemy. Any person subject to this code
who before or in the presence of the enemy does any of the following shall be punishable as
a court-martial may direct: (1) Runs away. (2) Shamefully abandons, surrenders, or delivers
up any command, unit, place, or military property which it is his or her duty to defend. (3)
Through disobedience, neglect, or intentional misconduct endangers the safety of any such
command, unit, place, or military property. (4) Casts away his or her arms or ammunition.
(5) Is guilty of cowardly conduct. (6) Quits his or her place of duty to plunder or pillage.
(7) Causes false alarms in any command, unit, or place under control of the Armed Forces of
the United States or the state military forces. (8) Willfully fails to do his or her utmost
to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft,
or any other thing, which it is his or her duty so to encounter, engage, capture,...
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31-2A-16
Section 31-2A-16 (Article 16.) Courts-martial classified. The three kinds of courts-martial
in the state military forces are: (1) General courts-martial, consisting of either of the
following: a. A military judge and not less than five members. b. Only a military judge, if
before the court is assembled the accused, knowing the identity of the military judge and
after consultation with defense counsel, requests orally on the record or in writing a court
composed only of a military judge and the military judge approves. (2) Special courts-martial,
consisting of either of the following: a. A military judge and not less than three members.
b. Only a military judge, if one has been detailed to the court, and the accused under the
same conditions as those prescribed in paragraph b. of subdivision (1) so requests. (3) Summary
courts-martial, consisting of one commissioned officer. (Act 2012-334, p. 790, §1.)...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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31-2-72
Section 31-2-72 General officers of the line. General officers of the line shall be appointed
under the rules and regulations of the Department of Defense. Such officers shall be appointed
by the Governor from among active officers of the National Guard of Alabama, who have not
less than six years' active service in the National Guard of Alabama, with the advice and
consent of the Senate. Vacancies in the offices caused by death, resignation, or removal while
the Senate is not in session shall be filled by recess appointments by the Governor; provided,
that should the vacancies in the grade of general officer of the line be in an organization
in which the State of Alabama has joint interest with another state or states, the Governor
is authorized to enter into a conference through the Military Department of the state with
the other states concerned for the purpose of determining which state shall, with the concurrence
of the other states, nominate the general officer to fill such...
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31-12-1
Section 31-12-1 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) BE CALLED OR ORDERED BY THE GOVERNOR. To be called or ordered into active military
service under 32 U.S.C. §502(f) or this title. (2) EMPLOYEE. Except as provided in Sections
31-12-5, 31-12-6, 31-12-7, and 31-12-8, any person employed by a public or private employer.
(3) FEDERALLY FUNDED DUTY OTHER THAN TRAINING. Any duty performed in an operational role for
homeland security in accordance with Title 32 U.S.C. §502(f). This is federally funded duty
in addition to or in lieu of the 15 days and one weekend a month federally required training
and other training duty. (4) RESERVE COMPONENT OF THE ARMED FORCES. The United States Army
Reserve, United States Navy Reserve, United States Marine Corps Reserve, United States Coast
Guard Reserve, United States Air Force Reserve, and Alabama National Guard. (5) SOLDIERS'
AND SAILORS' RELIEF ACT (SSCRA). The provisions of 50 App. U.S.C....
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31-2-59
Section 31-2-59 Adjutant General - Status and duties upon call, etc., into federal service
of National Guard. The Adjutant General shall be qualified for commission and shall be commissioned,
if authorized by the laws of the United States now or hereafter enacted, in the Adjutant General's
corps, or such other corps or branch of the service as will enable him to perform all duties
required of him within the state by the National Defense Act, a federal draft, selective service
or similar act operative in a national emergency. He shall have a military status in this
state, if provided by the laws of the United States now or hereafter enacted, during periods
in which the National Guard of Alabama is in the federal service under a call, draft, order,
or other means of induction into the federal military or naval service, that will enable him
to work in an advisory capacity, or other authorized capacity, to the Governor in the execution
of a federal selective service or similar law, or such...
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9-11-44
Section 9-11-44 Resident license - Hunting. (a) Any person who is age 16 years or older, but
who has not reached 65 years of age, who has resided in Alabama continuously for a period
of not less than 90 days next preceding, and who is not serving as a member of the Armed Forces
of the United States of America during any period of time in which the United States of America
is in a state of war, as declared by an act of Congress, shall procure an annual resident
all-game hunting license before the person is entitled to hunt in this state by filing an
application with the person in any county of the state duly authorized to issue the license,
stating his or her name, age, place of residence, post office address, and after paying to
the person issuing the license a license fee of twenty-three dollars ($23), plus an issuance
fee of one dollar ($1), which fees shall be subject to adjustment as provided for in Section
9-11-68. Any Alabama resident age 16 through 64 years, in lieu of...
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16-64-2
Section 16-64-2 Requirements for qualification as resident student; rules and guidelines. (a)
For purposes of admission and tuition, a public institution of higher education may consider
that the term resident student includes any of the following: (1) One who, at the time of
registration, is not a minor and satisfies one of the following: a. Is a full-time permanent
employee of the institution at which the student is registering or is the spouse of such an
employee. b. Can verify full-time permanent employment within the State of Alabama or is the
spouse of such an employee and will commence the employment within 90 days of registration
with the institution. c. Is employed as a graduate assistant or fellow by the institution
at which the student is registering. d. Is an accredited member of or the spouse of an accredited
member of a consular staff assigned to duties in Alabama. e. Is in a program or takes courses
within an interstate consortium of colleges or universities that either...
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