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30-4-56
Section 30-4-56 Offense deemed committed in county where wife or children present; extradition
of defendant from another state or county. Any offense under this article shall be held to
have been committed in any county in which such wife, child or children may be at the time
such complaint is made. Whenever the judge within whose jurisdiction an offense under this
article is alleged to have been committed shall, after an investigation of the facts and circumstances
thereof, certify that, in his opinion, the charge is well founded and the case a proper one
for extradition, or in any case, if the cost of extradition is borne by the parties interested
in the case, the person charged with having left the state with the intention of evading the
terms of his probation, or of abandoning or deserting his wife, child or children shall be
apprehended and brought back to the county having jurisdiction of the case, in accordance
with the law providing for the apprehension and return to this state...
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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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31-2-79
Section 31-2-79 Exemption of members of militia from arrest. Members of the militia in the
active armed forces of the state shall not be arrested on any process issued by or from any
civil officer or court, except in the case of a felony or a breach of the peace, while going
to, remaining at, or returning from any place at which he may be required to attend for military
or naval duty; nor in any case whatsoever while actually engaged in the performance of his
military or naval duties, treason and murder excepted, unless with the consent of his commanding
officer. (Acts 1936, Ex. Sess., No. 143, p. 105; Code 1940, T. 35, §106; Acts 1973, No. 1038,
p. 1572, §80.)...
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31-2-89
Section 31-2-89 Actions against members of military court, etc., as to sentences, warrants,
etc.; actions against officers or enlisted men for acts performed in line of duty; defense
of actions against present or former members of National Guard at state expense. No action
or proceedings shall be prosecuted or maintained against a member of a military court or officer
or person acting under its authority or reviewing its proceedings on account of the approval
or imposition or execution of any sentence or any warrant, writ, execution, process, or mandate
of a military court, nor shall any officer or enlisted man be liable to civil action or criminal
prosecution for any act done while in the discharge of his military duty, which act was done
in the line of duty. If a civil action shall be commenced in any court by any person against
any present or former member of the National Guard of this state for any act done by such
present or former member while on any duty under this chapter, or...
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31-2A-137
Section 31-2A-137 (Article 137.) Articles to be explained. (a)(1) The articles of this code
shall be carefully explained to each enlisted member at the time, or within one year after,
the member joins the Alabama National Guard. (2) Such articles shall be explained again: a.
After the member has completed basic or recruit training. b. At the time when the member reenlists.
(b) The text of the code and of the rules prescribed under such code shall be made available
to a member of the state military forces, upon request by the member, for the member's personal
examination. (Act 2012-334, p. 790, §1.)...
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31-2A-7
Section 31-2A-7 (Article 7.) Apprehension. (a) Apprehension is the taking of a person into
custody. (b) Any person authorized by this code or by Chapter 47 of Title 10, U.S.C., or by
regulations issued under either, to apprehend persons subject to this code, any marshal of
a court-martial appointed pursuant to the provisions of this code, and any peace officer or
civil officer having authority to apprehend offenders under the laws of the United States
or of a state, may do so upon probable cause that an offense has been committed and that the
person apprehended committed it. (c) Commissioned officers, warrant officers, petty officers,
and noncommissioned officers have authority to quell quarrels, frays, and disorders among
persons subject to this code and to apprehend persons subject to this code who take part therein.
(d) If an offender is apprehended outside the state, the offender's return to the area must
be in accordance with normal extradition procedures or by reciprocal...
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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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45-28-82.22
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant to Section 32-6-49.23. (b)
An offender charged with any of the following offenses is ineligible for consideration for
the pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense
involving serious physical injury to a person. (3) 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 military, or an
individual over the age of 65. (4) Any offense involving death. (5) A person deemed by the
district attorney to be a threat to the safety or well-being of the community. (6) Bribery
of a government or public official. (7) Any offense wherein the offender is...
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45-39-82.02
motor vehicle, or a commercial driver learner permit holder who is charged with a violation
of a traffic law in this state shall not be eligible for a deferred prosecution program, diversion
program, or any deferred imposition of judgment program pursuant Section 32-6-49.23. (b) An
offender charged with any of the following offenses is ineligible for consideration for the
pretrial diversion program: (1) Any Class A felony or capital offense. (2) Any offense involving
serious physical injury to a person. (3) 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 military, or an individual over
the age of 65. (4) Any offense involving death. (5) A person deemed by the district attorney
to be a threat to the safety or well-being of the community. (6) Bribery of a government or
public official. (7) Any offense wherein the offender is...
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12-14-91
learner permit holder who is charged with a violation of a traffic law in this state shall
not be eligible for a pretrial diversion program pursuant to this article. (g) Absent wantonness,
gross negligence, or intentional misconduct, the municipality, or its officers or employees,
shall have no liability, criminal or civil, for the conduct of any offender while participating
in a pretrial diversion program established under this article or of any service provider
or its agents that are contracted to or who have agreed to provide services to the pretrial
diversion program. (h) The municipality, or its officers or employees, shall have no liability,
criminal or civil, for any injury or harm to the offender while the offender is a participant
in any pretrial diversion program administered pursuant to this article The municipal prosecutor
may require written agreed upon waivers of liability as a prerequisite for admittance into
the pretrial diversion program. (Act 2013-353, p. 1265, §2.)...
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