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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall
have the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony
criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution
or delinquent proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION.
A bank, credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser
or lienholder of property that is subject to forfeiture, including any of the following: a.
A person who has a valid claim, lien, or other interest in the property seized who did not
know or consent to the conduct that caused the property to be forfeited, seized, or abandoned
under subdivision (1) of Section 15-5-63. b. A person who did not participate in the
commission of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged
criminal offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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31-2A-37
Section 31-2A-37 (Article 37.) Unlawfully influencing action of court. (a) No authority
convening a general, special, or summary court-martial, nor any other commanding officer,
or officer serving on the staff thereof, may censure, reprimand, or admonish the court or
any member, the military judge, or counsel thereof, with respect to the findings or sentence
adjudged by the court or with respect to any other exercise of its or their functions in the
conduct of the proceedings. No person subject to this code may attempt to coerce or, by any
unauthorized means, influence the action of a court-martial or court of inquiry or any member
thereof, in reaching the findings or sentence in any case, or the action of any convening,
approving, or reviewing authority with respect to its judicial acts. This subsection shall
not apply to either of the following: (1) General instructional or informational courses in
military justice if such courses are designed solely for the purpose of instructing...
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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-46
Section 31-2A-46 (Article 46.) Opportunity to obtain witnesses and other evidence; subpoena.
The trial counsel, the defense counsel, and the court-martial shall have equal opportunity
to obtain witnesses and other evidence as prescribed by regulations and provided by law. Process
issued in court-martial cases to compel witnesses to appear and testify and to compel the
production of other evidence shall apply the principles of law and the rules of courts-martial
generally recognized in military criminal cases in the courts of the Armed Forces of the United
States, but which may not be contrary to or inconsistent with this code. Process shall run
to any part of the United States, or the territories, commonwealths, and possessions, and
may be executed by civil officers as prescribed by the laws of the place where the witness
or evidence is located or outside of the United States. A court-martial convened under this
code may subpoena and compel the presence of witnesses and the production...
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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...
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15-20A-4
Section 15-20A-4 Definitions. For purposes of this chapter, the following words shall
have the following meanings: (1) ADULT SEX OFFENDER. A person convicted of a sex offense.
(2) CHILD. A person who has not attained the age of 12. (3) CHILDCARE FACILITY. A licensed
child daycare center, a licensed childcare facility, or any other childcare service that is
exempt from licensing pursuant to Section 38-7-3, if it is sufficiently conspicuous
that a reasonable person should know or recognize its location or its address has been provided
to local law enforcement. (4) CONVICTION. A verdict or finding of guilt as the result of a
trial, a plea of guilty, a plea of nolo contendere, or an Alford plea regardless of whether
adjudication was withheld. Conviction includes, but is not limited to, a conviction in a United
States territory, a conviction in a federal or military tribunal, including a court martial
conducted by the Armed Forces of the United States, a conviction for an offense committed...
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45-37A-160.01
Section 45-37A-160.01 Definitions. For the purposes of this article, the following terms
shall have the following meanings: (1) APPLICATION FEE. A one-time administrative fee imposed
by the City of Fultondale as a condition precedent to participation in a pretrial diversion
program. (2) CITY PROSECUTOR. The person or persons charged with the responsibility of prosecuting
cases in the City of Fultondale Municipal Court or any legal staff employed by the city prosecutor.
(3) LAW ENFORCEMENT. As defined in subdivision (1) of Section 41-8A-1. (4) LAW ENFORCEMENT
OFFICER. As defined in subdivision (15) of Section 36-25-1, whether employed in the
State of Alabama or elsewhere. (5) MUNICIPAL COURT JUDGE. The Judge of the Municipal Court
for the City of Fultondale duly appointed by the city council in accordance with Section
12-14-30, or a special judge appointed by the Mayor of the City of Fultondale in accordance
with Section 12-14-34. (6) OFFENDER. Any person charged with a criminal...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment
set forth in this section in all cases in which they are applicable, are sufficient,
and analogous forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY.
The State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county
charge that, before the finding of this indictment, etc. (describing the offense as in the
following forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney
of the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary
to law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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13A-11-72
Section 13A-11-72 Certain persons forbidden to possess pistol. (a) No person who has
been convicted in this state or elsewhere of committing or attempting to commit a crime of
violence, misdemeanor offense of domestic violence, violent offense as listed in Section
12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone
of unsound mind shall own a firearm or have one in his or her possession or under his or her
control. (b) No person who is a minor, except under the circumstances provided in this section,
a drug addict, or an habitual drunkard shall own a pistol or have one in his or her possession
or under his or her control. (c) Subject to the exceptions provided by Section 13A-11-74,
no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on
the premises of a public school. (d) Possession of a deadly weapon with the intent to do bodily
harm on the premises of a public school in violation of subsection (c) of this...
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32-6-19
Section 32-6-19 Penalties - Violation by person whose license or driving privilege has
been cancelled, etc.; impoundment of vehicle. (a)(1) Any person whose driver's or chauffeur's
license issued in this or another state or whose driving privilege as a nonresident has been
cancelled, denied, suspended, or revoked as provided in this article and who drives any motor
vehicle upon the highways of this state while his or her license or privilege is cancelled,
denied, suspended, or revoked shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not less than one hundred dollars ($100) nor more than five hundred
dollars ($500), and in addition thereto may be imprisoned for not more than 180 days. In addition
to all fines, fees, costs, and punishments prescribed by law, there shall be imposed or assessed
an additional penalty of fifty dollars ($50) to be placed in the Traffic Safety Trust Fund
and the Peace Officers Standards and Training Fund. Also, at the...
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