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31-2A-5
Section 31-2A-5 (Article 5.) Territorial applicability of the code. (a) This code has applicability
at all times and in all places, provided that either the person subject to the code is in
a duty status or, if not in a duty status, that there is a nexus between the act or omission
constituting the offense and the efficient functioning of the state military forces; however,
this grant of military jurisdiction shall neither preclude nor limit civilian jurisdiction
over an offense, which is limited only by the prohibition of double jeopardy. (b) Courts-martial
and courts of inquiry may be convened and held in units of the state military forces while
those units are serving outside the state with the same jurisdiction and powers as to persons
subject to this code as if the proceedings were held inside the state, and offenses committed
outside the state may be tried and punished either inside or outside the state. (c) A trial
of any offense subject to prosecution under this section may be...
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31-11-2
Section 31-11-2 National Guard Mutual Assistance Counter-Drug Activities Compact. The National
Guard Mutual Assistance Counter-Drug Activities Compact is enacted into law and entered with
all other jurisdictions mutually adopting the compact in the form substantially as follows:
NATIONAL GUARD MUTUAL ASSISTANCE COUNTER-DRUG ACTIVITIES COMPACT ARTICLE I As used in this
compact, the following words shall have the following meanings: 1. DEMAND REDUCTION. Providing
available National Guard personnel, equipment, support, and coordination to federal, state,
local and civil organizations, institutions, and agencies for the purposes of the prevention
of drug abuse and the reduction in the demand for illegal drugs. 2. DRUG INTERDICTION AND
COUNTER-DRUG COMPACT ACTIVITIES. The use of National Guard personnel, while not in federal
service, in any law enforcement support compact activities that are intended to reduce the
supply or use of illegal drugs in the United States. These compact activities...
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31-2A-2
Section 31-2A-2 (Article 2.) Persons subject to this code; jurisdiction. (a) This code applies
to all members of the state military forces at all times and in all places, except it does
not apply to a member for any offenses committed while in a duty status under Title 10 U.S.C.
(b) Subject matter jurisdiction is established if a clear and convincing nexus exists between
an offense, either military or non-military, and the state military force. When a member is
in a duty status under either Title 32 U.S.C. or State Active Duty then a rebuttable presumption
exists that the nexus is established. A proper civilian court has primary jurisdiction of
an offense when an act or omission violates both this code and civilian criminal law, foreign
or domestic. In such a case, a court-martial may be initiated only after the civilian prosecutorial
authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached.
Courts-martial shall have primary jurisdiction over all...
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31-2A-134
Section 31-2A-134 (Article 134.) General article. Though not specifically mentioned in this
code, all disorders and neglects to the prejudice of good order and discipline in the state
military forces and all conduct of a nature to bring discredit upon the state military forces
shall be taken cognizance of by a court-martial and punished at the discretion of a military
court. However, where a crime constitutes an offense that violates both this code and the
criminal laws of the state where the offense occurs or criminal laws of the United States,
jurisdiction of the military court must be determined in accordance with Section 31-2A-2(b)
(Article 2(b)). (Act 2012-334, ยง1.)...
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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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9-12-4
Section 9-12-4 Proceedings as to violations of chapter - Jurisdiction. (a) Except as provided
in subsection (b), jurisdiction of an alleged violation of this chapter shall be in the district
court of the county where the offense is alleged to have been committed. (b)(1) For the purposes
of determining jurisdiction of violations of the marine resources law pursuant to this subsection,
the following line is established: The line shall be the centerline of the Mobile Ship Channel
as it is located in the Gulf of Mexico, southward to the last navigational buoy, commonly
referred to as the "Farewell Buoy," which is located at Latitude 30 degrees 07.490
minutes, Longitude 88 degrees 04.130 minutes, and extending due south from that point. (2)
If a violation of any marine resources law or regulation is alleged to have been committed
in the Gulf of Mexico within the waters of the state, the jurisdiction of the offense shall
be based on the global positioning system (GPS) location thereof and...
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13A-10-190
Section 13A-10-190 Definitions. As used in this article, Section 13A-11-11, and Section 36-19-2.1,
the following words shall have the following meanings: (1) BACTERIOLOGICAL WEAPON or BIOLOGICAL
WEAPON. A device which is designed in a manner to permit the intentional release onto any
person, into the population or environment of microbial, or other biological agents or toxins
or viral agents whatever their origin or method of production in a manner not otherwise authorized
by law or any device the development, production, or stockpiling of which is prohibited pursuant
to the "Convention on the Prohibition of the Development, Production, and Stockpiling
of Bacteriological (Biological) and Toxin Weapons and Their Destruction," 26 U.S.T. 583,
TIAS 8063. The microbial or biological agents or viral agents shall include, but not be limited
to, any of the following: Anthrax or any variation thereof, smallpox or any variation thereof.
(2) CONVICTION. An adjudication of guilt of or a plea of...
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16-23-5
Section 16-23-5 Revocation of certificates. (a) The State Superintendent of Education may revoke
any certificate issued under this chapter when the holder has been guilty of immoral conduct
or unbecoming or indecent behavior. Any provision of law to the contrary notwithstanding,
under the circumstances listed in subsection (b), the holder shall be immediately disenfranchised
from certification and any other rights pursuant to Section 16-24-9. (b) The State Superintendent
of Education shall immediately revoke any certificate issued under this chapter when the holder
is convicted of capital murder or any Class A felony, including, but not limited to, rape,
murder, kidnapping, or robbery, or any of the following: (1) Rape in the first or second degree,
pursuant to Section 13A-6-61 or 13A-6-62. (2) Sodomy in the first or second degree, pursuant
to Section 13A-6-63 or 13A-6-64. (3) Sexual torture, pursuant to Section 13A-6-65.1. (4) Sexual
abuse in the first or second degree, pursuant to...
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34-8A-16
Section 34-8A-16 Disciplinary actions; discovery. (a) The board by a majority of the board
members present and voting is authorized to withhold, deny, revoke, or suspend, any license
or certificate issued or applied for in accordance with this chapter or otherwise discipline
a licensed professional counselor or associate licensed counselor upon proof by proper hearing
that the applicant, licensed professional counselor, or associate licensed counselor: (1)
Has been convicted, within or without the jurisdiction of this state, of a felony, or any
offense involving moral turpitude, the record of conviction being conclusive evidence thereof.
(2) Has violated the current code of ethics adopted by the board. (3) Is using any narcotic
or any alcoholic beverage to an extent or in a manner dangerous to any other person or the
public, or to an extent that it impairs his or her ability to perform the work of a licensed
professional counselor or associate licensed counselor with safety to 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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