38-9-6
arrangement where appropriate. (e) Any record of the department or other agency pertaining
to such a person shall not be open for public inspection. Information in a record shall not
be disclosed publicly in such a manner as to identify individuals, but may be made available
on application for cause to persons approved by the commissioner of the department or by the
court. (f) Placement may be made in an appropriate alternative living arrangement such as
a licensed nursing home, licensed personal care facility, or approved foster care home.
No person shall be committed to a mental health facility under this chapter. A court may enter
orders granting the department additional time to locate an appropriate licensed facility
in which to place a person living in an unlicensed facility. (g) If the person is eligible
for the adult services program of the department, usual department policies shall be followed
in regard to fees or payments, or both. If the person's income or resources, or...
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8-6-58
Section 8-6-58 Personnel. (a) The Director of the Securities Commission shall prepare in writing
a manual of necessary employee positions for the commission, including job classifications,
personnel qualifications, duties, maximum and minimum salary schedules, and other personnel
information for approval by the commission. (b) Subject to the provisions of the Merit System
law, the director may select, appoint, and employ such accountants, auditors, financial analysts,
special agents and senior special agents, clerks, and other personnel as the director deems
necessary for the proper administration of the Alabama securities laws including legal counsel
to act as attorneys for the commission in actions or proceedings brought by or against the
commission under or pursuant to any provision of law under the commission's jurisdiction,
or in which the commission joins or intervenes as to a matter within the commission's jurisdiction,
as a friend of the court or otherwise, and stenographic...
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10A-21-3.03
Section 10A-21-3.03 Entry of not guilty plea for corporation failing to appear, etc. If the
defendant corporation fails to appear and plead to the indictment, the court must cause the
plea of not guilty to be entered for it, and the trial shall proceed as if the corporation
had appeared and pleaded not guilty; but, in such case, proof must be made to the court that
the person upon whom the notice and copy of the indictment were served was an officer or agent
of the corporation authorized by law to receive such service. (Code 1896, §5318; Code 1907,
§6626; Code 1923, §3729; Code 1940, T. 10, §201; §10-7-3; amended and renumbered by Act
2009-513, p. 967, §360.)...
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12-21-203
Section 12-21-203 Admissibility of evidence relating to past sexual behavior of complaining
witness in prosecutions for criminal sexual conduct. (a) As used in this section, unless the
context clearly indicates otherwise, the following words and phrases shall have the following
respective meanings: (1) COMPLAINING WITNESS. Any person alleged to be the victim of the crime
charged, the prosecution of which is subject to the provisions of this section. (2) CRIMINAL
SEXUAL CONDUCT. Sexual activity, including, but not limited to, rape, sodomy, sexual misconduct,
sexual abuse or carnal knowledge. (3) EVIDENCE RELATING TO PAST SEXUAL BEHAVIOR. Such term
includes, but is not limited to, evidence of the complaining witness's marital history, mode
of dress and general reputation for promiscuity, nonchastity or sexual mores contrary to the
community standards. (b) In any prosecution for criminal sexual conduct or for assault with
intent to commit, attempt to commit or conspiracy to commit...
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15-19-1
as a youthful offender, and no further action shall be taken on the indictment or information;
or the court may decide that the defendant shall not be arraigned as a youthful offender,
whereupon the indictment or information shall be deemed filed. (c) In addition to the provisions
of subsections (a) and (b), when the defendant is charged with a crime that contains as an
element of the crime or an allegation related to the charge that the defendant intentionally
inflicted serious physical injury or intentionally killed the victim in the commission
of the crime, prior to conducting a hearing or examination on whether the defendant will be
arraigned as a youthful offender, the victim shall receive notice 10 days prior to the hearing
pursuant to the provisions of the Crime Victims' Rights Act. In addition, the court shall
conduct an evidentiary hearing on the allegations of the crime and the extent of injuries
of the victim and shall consider the evidence prior to determining youthful...
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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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31-2A-100
Section 31-2A-100 (Article 100.) Subordinate compelling surrender. Any person subject to this
code who compels or attempts to compel the Commander of the Alabama National Guard, or of
any other state, place, vessel, aircraft, or other military property, or of any body of members
of the Armed Forces, to give it up to an enemy or to abandon it, or who strikes the colors
or flag to an enemy without proper authority, shall be punished as a court-martial may direct.
(Act 2012-334, §1.)...
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31-2A-85
Section 31-2A-85 (Article 85.) Desertion. (a) Any member of the Alabama National Guard who
does any of the following is guilty of desertion: (1) Without authority goes or remains absent
from his or her unit, organization, or place of duty with intent to remain away permanently.
(2) Quits his or her unit, organization, or place of duty with intent to avoid hazardous duty
or to shirk important service. (3) Without being regularly separated from the Alabama National
Guard, enlists or accepts an appointment in the same or another one of the state military
forces, or in one of the Armed Forces of the United States, without fully disclosing the fact
that he or she has not been regularly separated, or enters any foreign armed service except
when authorized by the United States. (b) Any commissioned officer of the Alabama National
Guard who, after tender of his or her resignation and before notice of its acceptance, quits
his or her post or proper duties without leave and with intent to remain...
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45-41-85
Section 45-41-85 Waiver of arraignment. (a) This section shall apply only to the 37th Judicial
Circuit of Alabama. (b) If a defendant in a criminal case pending in a court of competent
jurisdiction shall enter a written plea of not guilty at any time prior to the day of his
or her arraignment such plea shall constitute a waiver of his or her right to have an arraignment
at which he or she is present in person or at which he or she is represented by an attorney.
-(Act 83-569, p. 875, §§1, 2.)...
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45-49A-63.194
Section 45-49A-63.194 Appeals from board decisions. (a) Within 10 days after any final decision
of the board, the city or any person aggrieved at the decision of the board may appeal the
decision to the Circuit Court of Mobile County by filing a notice and request for an appeal
with the clerk of the circuit court and serving notice of the appeal upon any member of the
board. The appeal shall be heard at the earliest possible date by a judge sitting without
a jury. It shall not be necessary to enter exceptions to the rulings of the board and no bond
shall be required for such an appeal. (b) The circuit court appeal shall not constitute a
proceeding de novo; instead, the court shall review the board's decision using the same standard
of review the court uses in deciding common law writs of certiorari. (c) An appeal may be
taken from any decision of the circuit court to the court of appeals or the Supreme Court
of Alabama as now provided by law, under the same standard of review...
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