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31-2A-50a
Section 31-2A-50a (Article 50a.) Defense of lack of mental responsibility. (a) It is an affirmative
defense in a trial by court-martial that, at the time of the commission of the acts constituting
the offense, the accused, as a result of a severe mental disease or defect, was unable to
appreciate the nature and quality or the wrongfulness of the acts. Mental disease or defect
does not otherwise constitute a defense. (b) The accused has the burden of proving the defense
of lack of mental responsibility by clear and convincing evidence. (c) Whenever lack of mental
responsibility of the accused with respect to an offense is properly at issue, the military
judge shall instruct the members of the court as to the defense of lack of mental responsibility
under this article and charge members to find the accused any one of the following: (1) Guilty.
(2) Not guilty. (3) Not guilty only by reason of lack of mental responsibility. (d) Subsection
(c) does not apply to a court-martial composed of a...
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40-29-118
Section 40-29-118 Attempts to interfere with administration of state revenue laws; taxpayer
protection from harassment. (a) Corrupt or forcible interference. Whoever corruptly or by
force or threats of force (including any threatening letter or communication) endeavors to
intimidate or impede any officer or employee of the State of Alabama acting in an official
capacity under this title, or in any other way corruptly or by force or threats of force (including
any threatening letter or communication) obstructs or impedes, or endeavors to obstruct or
impede, the due administration of this title, shall, upon conviction thereof, be fined not
more than $5,000, or imprisoned not more than three years, or both, except that if the offense
is committed only by threats of force, the person convicted thereof shall be fined not more
than $3,000, or imprisoned not more than one year, or both. The term "threats of force,"
as used in this subsection, means threats of bodily harm to the officer or...
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27-29-10
Section 27-29-10 Violations and penalties; criminal proceedings. (a) Any insurer failing, without
just cause, to file any registration statement as required in this chapter shall be required,
after notice and hearing, to pay a penalty of up to one thousand dollars ($1,000) for each
day's delay, to be recovered by the commissioner and the penalty so recovered shall be paid
into the state General Fund. The maximum penalty under this section is fifty thousand dollars
($50,000). The commissioner may reduce the penalty if the commissioner, in the commissioner's
sole discretion, determines it is equitable to do so or the insurer demonstrates to the commissioner
that the imposition of the penalty would constitute a financial hardship to the insurer. (b)
Every director or officer of an insurance holding company system who knowingly violates, participates
in, or permits any of the officers or agents of the insurer to engage in transactions or make
investments that have not been properly...
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2-27-62
Section 2-27-62 Penalty for violations of article; injunctions. (a) General penalty. Any person
who shall violate the provisions or requirements of this article, or rules and regulations
promulgated under this article, or who engages in the custom application of pesticides without
having a license therefor or who shall fail or refuse to perform any duty or requirement imposed
by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall
be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court,
may also be imprisoned for a term not to exceed six months. (b) Remedy by injunction. In addition
to the penalty prescribed in subsection (a) of this section and notwithstanding the existence
of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction
and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary
or permanent injunction, or all, restraining and...
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36-11-1
Section 36-11-1 Persons subject to impeachment and removal from office; grounds for impeachment
generally. (a) The following officers may be impeached and removed from office: judges of
circuit and probate courts, district attorneys, judges of the courts of appeals, district
judges, sheriffs, clerks of the circuit courts, tax collectors, tax assessors, county treasurers,
coroners, notaries public, constables and all other state officers not named in Section 173
of the constitution and all other county officers and mayors and intendants of incorporated
cities and towns in this state. (b) The officers specified in subsection (a) of this section
may be impeached and removed from office for the following causes: (1) Willful neglect of
duty; (2) Corruption in office; (3) Incompetency; (4) Intemperance in the use of intoxicating
liquors or narcotics to such an extent in view of the dignity of the office and importance
of its duties as unfits the officer for the discharge of such duties; or...
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12-26-9
Section 12-26-9 Time of ruling; hearing; scope; appeal. (a) The circuit court shall rule on
the merits of the petition in accordance with subsection (d) within 90 calendar days of the
date the petition was filed. The court, for good cause, may extend the time within which it
must rule on the petition by order entered prior to the expiration of the initial 90-day period.
(b) If the court determines that a hearing is not necessary, the court may rule without a
hearing. (c) If a hearing is held, the hearing shall be conducted in a manner prescribed by
the trial judge and may include oral argument and review of relevant documentation in support
of, or in objection to, the granting of the petition. Leave of the court shall be obtained
for the taking of witness testimony relating to any disputed fact. (d) In ruling on the petition,
the court may consider the following factors, in addition to the information contained in
the postsentence report: (1) The nature and seriousness of the offense....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-9.htm - 3K - Match Info - Similar pages
16-27A-7
Section 16-27A-7 Contesting a notice of violation; adjudication. (a) No person shall be responsible
for payment of a civil fine for a notice of violation issued under this chapter if the operator
of the vehicle that is the subject of the notice of violation is adjudicated to have not committed
a violation or there is otherwise a lawful determination that no civil penalty may be imposed.
Any person receiving a notice of violation pursuant to this chapter, in accordance with the
procedure set out in this chapter and on the notice of violation, may contest the notice of
violation by obtaining a hearing in the court. (b) District and municipal courts of this state
are vested with the power and jurisdiction to adjudicate a notice of violation issued pursuant
to this chapter as a civil offense whenever the offense is alleged to have occurred within
the geographic jurisdiction of the court. (c) The following procedures shall apply to proceedings
to contest a notice of violation issued...
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45-49-235.08
Section 45-49-235.08 Release pending trial; conditions; order; notice. (a) Any person charged
with an offense, at his or her appearance before a judicial officer, may be ordered released
pending trial on his or her personal recognizance or upon the execution of an unsecured appearance
bond in an amount specified by the judicial officer, unless the judicial officer determines,
in the exercise of his or her discretion, that such a release will not reasonably assure the
required appearance of such person. When such a determination is made, the judicial officer,
either in lieu of, or in addition to, the above method of release, shall impose the first
of the following conditions of release which will reasonably assure the appearance of the
person for trial or, if no single condition gives that assurance, any combination of the following
conditions: (1) Place the person in the custody of a designated person who agrees to supervise
him or her. (2) Place restrictions on the travel,...
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15-22-54
Section 15-22-54 Period of probation; termination of probation; violation of terms of probation;
sanctions. (a) The period of probation or suspension of execution of sentence shall be determined
by the court and shall not be waived by the defendant, and the period of probation or suspension
may be continued, extended, or terminated. However, except as provided in Section 32-5A-191
relating to ignition interlock requirements, in no case shall the maximum probation period
of a defendant guilty of a misdemeanor exceed two years, nor shall the maximum probation period
of a defendant guilty of a felony exceed five years, except as provided in Section 13A-8-2.1.
When the conditions of probation or suspension of sentence are fulfilled, the court shall,
by order duly entered on its minutes, discharge the defendant. (b) The court granting probation,
upon the recommendation of the officer supervising the probationer, may terminate all authority
and supervision over the probationer prior to the...
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40-2A-6
Section 40-2A-6 Government contract for examination of taxpayer's records where compensation,
etc., contingent upon tax, interest, etc., assessed or collected; violation; costs of examination.
(a) The state or any county or municipal governing authority may not enter into any contract
or arrangement for the examination of a taxpayer's books and records, written or otherwise,
with a private auditing or collecting firm, if any part of the compensation or other benefits
paid or payable to the private auditing or collecting firm is contingent upon or in any manner
related to the amount of tax, license fee, interest, court cost, penalty, or any other item
assessed against or collected from the taxpayer. Any such contract or arrangement, if made
or entered into, is void and unenforceable. Any assessment or preliminary assessment of taxes,
license fees, penalties, court costs, interest, or other items proposed or asserted by, or
based upon the recommendation of, a private auditing or...
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