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15-27-2
Section 15-27-2 Petition to expunge records - Felony offense. (a) A person who has been charged
with a felony offense, except a violent offense as defined in Section 12-25-32, may file a
petition in the criminal division of the circuit court in the county in which the charges
were filed, to expunge records relating to the charge in any of the following circumstances:
(1) When the charge is dismissed with prejudice. (2) When the charge has been no billed by
a grand jury. (3)a. The charge was dismissed after successful completion of a drug court program,
mental health court program, diversion program, veteran's court, or any court-approved deferred
prosecution program after one year from successful completion of the program. b. Expungement
may be a court-ordered condition of a program listed in paragraph a. (4) The charge was dismissed
without prejudice more than five years ago, has not been refiled, and the person has not been
convicted of any other felony or misdemeanor crime, any...
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41-9-623
Section 41-9-623 Submission of data to Alabama State Law Enforcement Agency. (a) All criminal
justice agencies within the state shall submit to ALEA fingerprints, descriptions, photographs,
and other identifying data on the following persons: (1) Persons who have been lawfully arrested
in this state for an offense. (2) Persons who have been charged with an act of delinquency
or adjudicated a youthful offender for conduct which would constitute an offense if committed
by an adult. (b) All chiefs of police, sheriffs, prosecuting attorneys, parole and probation
officers, wardens, or other persons in charge of correctional or detention institutions in
this state shall furnish ALEA with any other data deemed necessary by the commission to carry
out its responsibilities under this article. (c) The Administrative Director of Courts or
the chief administrative officer of any other entity charged with the compilation of information
and statistics pertaining to the disposition of criminal,...
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15-13-3
Section 15-13-3 Persons charged with capital offense. (a) A defendant cannot be admitted to
bail when he is charged with an offense which may be punished by death if the court is of
the opinion, on the evidence adduced, that he is guilty of the offense in the degree punishable
capitally, nor when he is charged with a personal injury to another which is likely to produce
death and which was committed under circumstances such as would, if death arises from such
injury, constitute an offense which may be punished by death. (b) In cases punishable capitally,
the defendant is entitled to bail as a matter of right when the state, after the finding of
the indictment, has continued the case twice, without his consent, for the testimony of absent
witnesses. In such case, if the indictment is dismissed, the defendant, on application for
bail, is entitled to the benefit of any continuance had upon such indictment by the state
for absent witnesses; and, if another indictment is not found at the...
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25-12-7
Section 25-12-7 Exceptions. (a) This chapter shall not apply to the following boilers and pressure
vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title
49 of the Code of Federal Regulations, Parts 192 and 193. (2) Pressure vessels used for transportation
and storage of compressed or liquefied gases when constructed in compliance with specifications
of the United States Department of Transportation and when charged with gas or liquid, marked,
maintained, and periodically requalified for use, as required by appropriate regulations of
the United States Department of Transportation. (3) Pressure vessels located on vehicles operating
under the rules of other state or federal authorities and used for carrying passengers or
freight. (4) Air tanks installed on the right of way of railroads and used directly in the
operation of trains. (5) Pressure vessels that do not exceed any of the following weights
and measures: a. Five cubic feet in volume and 250...
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27-15-24
Section 27-15-24 Exclusions and restrictions in life insurance policies. (a) No policy of life
insurance shall be delivered or issued for delivery in this state if it contains any of the
following provisions: (1) A provision for a period shorter than that provided by statute within
which an action may be commenced on such a policy; and (2) A provision which excludes or restricts
liability for death caused in a certain specified manner or occurring while the insured has
a specified status; except, that a policy may contain provisions excluding or restricting
coverage as specified therein in the event of death under any one or more of the following
circumstances: a. Death as a result, directly or indirectly, of war, declared or undeclared,
or of action by military forces, or of any act or hazard of such war or action, or of service
in the military, naval, or air forces or in civilian forces auxiliary thereto, or from any
cause while a member of such military, naval, or air forces of any...
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41-9-219.4
Section 41-9-219.4 Recapture of tax credit; notice (a) The Department of Revenue shall recapture,
from the taxpayer that claimed or is entitled to claim the credit on a return, the tax credit
allowed under this article if, at any time during the seven-year period beginning on the date
of the original issue to the qualified equity investment in a qualified community development
entity, one of the following occurs: (1) Where any amount of the federal tax credit available
with respect to a qualified equity investment that is eligible for a tax credit under this
article is recaptured under Section 45D of the Internal Revenue Code of 1986, as amended,
the Department of Revenue's recapture shall be proportionate to the federal recapture with
respect to that qualified equity investment, and may then reallocate the recaptured credits
to other qualified taxpayers in the year of recapture, without regard for the annual allocation
limitation found in Section 41-9-219.2. (2) The Department of...
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5-19-33
Section 5-19-33 Account maintenance fee. (a) In addition to other lawful charges permitted
under various state or federal laws, except under open-end credit plans, a creditor may, if
provided in the contract, charge an account maintenance fee of not more than three dollars
($3) for each month of the scheduled period of repayment of the credit transaction. The account
maintenance fee shall be determined at the date of the credit transaction and may be charged
in full at that time. The account maintenance fee as so determined shall not bear interest
and shall constitute a part of the finance charge. In the event of the renewal, refinance,
or payment in full of the credit transaction, the debtor shall be entitled to a refund or
credit of any unearned portion of the account maintenance fee under subsection (c) of Section
5-19-4, as of the date of such renewal, refinancing, or payment in full. (b) This section
shall not repeal, amend, modify, or diminish any right or power to charge and...
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7-9-302
Section 7-9-302 When filing is required to perfect security interest; security interests to
which filing provisions of this article do not apply. THIS SECTION WAS REPEALED IN THE 2001
REGULAR SESSION, BY ACT 2001-481, EFFECTIVE JAN. 1, 2002. (1) A financing statement must be
filed to perfect all security interests except the following: (a) A security interest in collateral
in possession of the secured party under Section 7-9-305; (b) A security interest temporarily
perfected in instruments, certificated securities, or documents without delivery under Section
7-9-304 or in proceeds for a 20-day period under Section 7-9-306; (c) A security interest
created by an assignment of a beneficial interest in a trust or a decedent's estate; (d) A
purchase money security interest in consumer goods; but filing is required for a motor vehicle
required to be registered; and fixture filing is required for priority over conflicting interests
in fixtures to the extent provided in Section 7-9-313; (e) An...
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22-52-31
Section 22-52-31 Proceedings for civil commitment of persons accused of crimes, committed to
custody of Department of Mental Health and determined to be unable to attain capacity to proceed
to trial in foreseeable future; effect of such civil commitment upon statute of limitations,
etc. (a) Upon certification by the superintendent of Bryce or Searcy Hospital or any other
facility so designated by the commissioner that any person accused of a crime and committed
to the custody of the department in one of its facilities has been determined by appropriate
members of the medical staffs of said facilities as designated by the superintendent to be
unable to attain the capacity to proceed to trial in the foreseeable future, the commissioner
or his designee is hereby authorized to petition the judges of probate of Tuscaloosa or Mobile
Counties or any judge of probate where such facility exists for an order of civil commitment
to the Department of Mental Health. All of the subsequent provisions...
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45-42-82.46
Section 45-42-82.46 Written agreement; other terms and conditions. (a) Following the decision
of the district attorney to admit the offender into the pretrial diversion program, but prior
to entry, the district attorney and the offender shall enter into a written agreement stating
the conditions of the participation of the offender in the program. The agreement shall include,
but not be limited to, the following: (1) A voluntary waiver of the offender's right to a
speedy trial. (2) An agreement to the tolling, while in the program, of periods of limitations
established by statute or rules of court. (3) An agreement to the conditions of the program
established by the district attorney. (4) If there is a victim of the charged crime, an agreement
to a restitution repayment within a specified period of time and in an amount to be determined
by the district attorney taking into account circumstances of the offender and the victim.
(5) A waiver in writing of the offender's right to a jury...
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