|
31-2A-57a
Section 31-2A-57a (Article 57a.) Deferment of sentences. (a) On application by an accused who
is under sentence to confinement that has not been ordered executed, the convening authority
or, if the accused is no longer under that person's jurisdiction, the person exercising general
court-martial jurisdiction over the command to which the accused is currently assigned, may
in that person's sole discretion defer service of the sentence to confinement. The deferment
shall terminate when the sentence is ordered executed. The deferment may be rescinded at any
time by the person who granted it or, if the accused is no longer under that person's jurisdiction,
by the person exercising general court-martial jurisdiction over the command to which the
accused is currently assigned. (b)(1) In any case in which a court-martial sentences an accused
referred to in subdivision (2) to confinement, the convening authority may defer the service
of the sentence to confinement, without the consent of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-57a.htm - 2K - Match Info - Similar pages
31-2-90
Section 31-2-90 Appointment of counsel to defend National Guard members in certain actions.
If a civil or criminal action shall be commenced in any court by any person against any member
of the National Guard of this state for any act or omission alleged to have been committed
by such member while on any duty under this chapter, or against any member acting under the
authority or order of any officer or by virtue of any warrant issued pursuant to law, the
Adjutant General shall investigate the allegation, and upon determination by the Adjutant
General that such person acted reasonably or in the line of duty, the Governor shall appoint
counsel to defend such person, but such counsel shall reasonably be acceptable to the defendant.
The cost and expense of any such defense shall be paid out of the regular or special appropriations
for the maintenance of the National Guard or the General Fund, in the discretion of the Governor.
Any determination by the Adjutant General or reasonableness or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-90.htm - 1K - Match Info - Similar pages
31-2A-51
Section 31-2A-51 (Article 51.) Voting and rulings. (a) Voting by members of a general or special
court-martial on the findings and on the sentence shall be by secret written ballot. The junior
member of the court shall count the votes. The count shall be checked by the president, who
shall forthwith announce the result of the ballot to the members of the court. (b) The military
judge shall rule upon all questions of law and all interlocutory questions arising during
the proceedings. Any such ruling made by the military judge upon any question of law or any
interlocutory question other than the factual issue of mental responsibility of the accused
is final and constitutes the ruling of the court. However, the military judge may change the
ruling at any time during the trial. Unless the ruling is final, if any member objects thereto,
the court shall be cleared and closed and the question decided by a voice vote as provided
in Section 31-2A-52 (Article 52), beginning with the junior in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2A-51.htm - 2K - Match Info - Similar pages
37-2-45
Section 37-2-45 Recovery of penalties or forfeitures. A civil action to recover the forfeitures
provided for in this chapter may be brought at any time within two years from the date the
offense was committed or forfeiture was incurred in the name of the State of Alabama, in any
court of competent jurisdiction in any county in which the transportation company is engaged
in business. In such action any number of forfeitures incurred up to the time of commencing
the same and not previously recovered may be sued for and recovered, or separate actions may
be brought for each penalty or forfeiture, and the commencement of an action to recover a
forfeiture shall not be, or be deemed to be, a waiver of the right to recover any other forfeitures.
(Acts 1909, No. 31, p. 39; Code 1923, §10070; Code 1940, T. 48, §162.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/37-2-45.htm - 1K - Match Info - Similar pages
31-12A-4
Section 31-12A-4 Extension of licensing for military service members. (a) Notwithstanding any
other statute to the contrary, except as provided in subsection (c), any member of the Armed
Forces of the United States shall be left in good standing until, at a minimum, December 31,
of the first year following the end of his or her deployment, by the administrative or licensing
body with which he or she is licensed or certified, while deployed, if at the time of deployment,
the member was in good standing with the branch of the armed services and with the administrative
licensing body. (b) While a licensee or certificate holder is deployed as a member of the
Armed Forces of the United States, the license or certificate referenced in subsection (a)
shall be renewed without: (1) The payment of dues or fees; (2) Obtaining continuing education
credits when: a. Circumstances associated with military duty prevent obtaining training and
a waiver request has been submitted to the appropriate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-12A-4.htm - 2K - Match Info - Similar pages
31-2-118
Section 31-2-118 Right of National Guard members, etc., under indictment, etc., for injuries
to persons or property incurred during performance of duties to change of venue of trial.
Any civil or military officer or member of the National Guard or any person lawfully aiding
them in the performance of any duty required under the provisions of this chapter, indicted
or sued for any injury to person or property in endeavoring to perform such duty, shall have
the right, and upon motion of such person, it is hereby made the duty of the court in which
such indictment or suit is pending or sued, to remove the trial of the indictment or suit
to some county, free from exception, other than that in which the indictment was found or
injury done. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §173; Acts 1973, No.
1038, p. 1572, §124.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-118.htm - 1K - Match Info - Similar pages
31-2-20
Section 31-2-20 Unauthorized wearing of uniform while not on duty. Any member of the National
Guard or Naval Militia of Alabama who shall wear the uniform or equipment or any part of articles
of uniform or equipment issued by the United States, or owned by the State of Alabama, while
not on duty, without authority, shall be punished as a court-martial shall direct. (Acts 1936,
Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §26; Acts 1973, No. 1038, p. 1572, §27.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/31-2-20.htm - 777 bytes - Match Info - Similar pages
32-5-310
Section 32-5-310 Enforcement of chapter; arrest procedure; bail bond. Any peace officer, including
state troopers, sheriffs and their deputies, constables and their deputies, police officers
and marshals of cities or incorporated towns, county police or patrols, state or county license
inspectors and their deputies, and special officers appointed by any agency of the State of
Alabama for the enforcement of its laws relating to motor vehicles, now existing or hereafter
enacted, shall be authorized, and it is hereby made the duty of each of them to enforce the
provisions of this chapter and to make arrests for any violation or violations thereof, without
warrant if the offense be committed in his or her presence, and with warrant if he or she
does not observe the commission of the offense. If the arrest be made without warrant, the
accused may elect to be immediately taken before the nearest court having jurisdiction, whereupon
it shall be the duty of the officer to so take him or her....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/32-5-310.htm - 1K - Match Info - Similar pages
44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/44-2-10.htm - 39K - Match Info - Similar pages
15-6-21
Section 15-6-21 Arrest warrant. (a) If on examination by the circuit, district or municipal
court judge, it appears that there is reason to fear the commission of any offense by the
person complained of, such judge must issue a warrant directed to any lawful officer of the
state, containing the substance of the complaint and commanding such officer forthwith to
arrest the person complained of and bring him before him or some other judge having jurisdiction
of the matter. (b) The warrant may be after the following form: "State of Alabama, ___
County. To any lawful officer of the state: Complaint on oath having been made before me that
C. D. had threatened to assault and beat A. B. (or is about) to (here set forth particularly
the offense threatened or about to be committed) on the person or property of ______, you
are hereby commanded forthwith to arrest said C. D. and bring him before me (or some other
judge having jurisdiction of the matter, setting forth his name and office)....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-6-21.htm - 1K - Match Info - Similar pages
|