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31-2A-9
Section 31-2A-9 (Article 9.) Imposition of restraint. (a) Arrest is the restraint of a person
by an order, not imposed as a punishment for an offense, directing him or her to remain within
certain specified limits. Confinement is the physical restraint of a person. (b) An enlisted
member may be ordered into arrest or confinement by any commissioned officer by an order,
oral or written, delivered in person or through other persons subject to this code. A commanding
officer may authorize warrant officers, petty officers, or noncommissioned officers to order
enlisted members of the commanding officer's command or subject to the commanding officer's
authority into arrest or confinement. (c) A commissioned officer, a warrant officer, or a
civilian subject to this code or to trial thereunder may be ordered into arrest or confinement
only by a commanding officer to whose authority the person is subject, by an order, oral or
written, delivered in person or by another commissioned officer. The...
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31-2A-1
Section 31-2A-1 (Article 1.) Definitions. For the purposes of this code, unless the context
otherwise requires, the following words have the following meanings: (1) ACCUSER. A person
who signs and swears to charges, any person who directs that charges nominally be signed and
sworn to by another, and any other person who has an interest other than an official interest
in the prosecution of the accused. (2) CADET, CANDIDATE, or MIDSHIPMAN. A person who is enrolled
in or attending a state military academy, a regional training institute, or any other formal
education program for the purpose of becoming a commissioned officer in the state military
forces. (3) CLASSIFIED INFORMATION. Information that meets all of the following requirements:
a. Any information or material that has been determined by an official of the United States
or any state pursuant to law, an Executive order, or regulation to require protection against
unauthorized disclosure for reasons of national or state security. b....
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31-9-40
Section 31-9-40 Compact adopted and enacted. The Emergency Management Assistance Compact is
enacted into law and entered with all jurisdictions mutually adopting the compact in the form
substantially as follows: THE EMERGENCY MANAGEMENT ASSISTANCE COMPACT Article I - Purpose
and Authorities. This compact is made and entered into by and between the participating member
states which enact this compact, hereinafter called party states. For the purpose of this
agreement, the term "states" is taken to mean the several states, the Commonwealth
of Puerto Rico, the District of Columbia, and all U.S. territorial possessions. The purpose
of this compact is to provide for mutual assistance between the states entering into this
compact in managing any emergency or disaster that is duly declared by the governor of the
affected state or states, whether arising from natural disaster, technological hazard, man-made
disaster, civil emergency aspects of resources shortages, community disorders,...
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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-10
Section 31-2A-10 (Article 10.) Restraint of persons charged with offenses. Any person subject
to this code charged with an offense under this code may be ordered into arrest or confinement,
as circumstances may require. When any person subject to this code is placed in arrest or
confinement prior to trial, immediate steps shall be taken to inform the person of the specific
wrong of which the person is accused and diligent steps shall be taken to try the person or
to dismiss the charges and release the person. (Act 2012-334, p. 790, ยง1.)...
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13A-10-30
Section 13A-10-30 Definitions. (a) The definitions contained in Section 13A-10-1 are applicable
in this article unless the context requires otherwise. (b) The following definitions are also
applicable to this article: (1) CUSTODY. A restraint or detention by a public servant pursuant
to a lawful arrest, conviction or order of court, but does not include mere supervision of
probation or parole, or constraint incidental to release on bail. (2) DETENTION FACILITY.
Any place used for the confinement, pursuant to law, of a person: a. Charged with or convicted
of a criminal offense; or b. Charged with being or adjudicated a youthful offender, or a neglected
minor or juvenile delinquent; or c. Held for extradition; or d. Otherwise confined pursuant
to an order of court. (3) PENAL FACILITY. Any security correctional institution for the confinement
of persons arrested for, charged with or convicted of a criminal offense, including but not
limited to the following security facilities: the state...
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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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31-2A-60
Section 31-2A-60 (Article 60.) Action by the convening authority. (a) The findings and sentence
of a court-martial shall be reported promptly to the convening authority after the announcement
of the sentence. (b)(1) The accused may submit to the convening authority matters for consideration
by the convening authority with respect to the findings and the sentence. Any submission shall
be in writing. Except in a summary court-martial case, a submission shall be made within 10
days after the accused has been given an authenticated record of trial and, if applicable,
the recommendation of a judge advocate under subsection (d). In a summary court-martial case,
such a submission shall be made within seven days after the sentence is announced. (2) If
the accused shows that additional time is required for the accused to submit such matters,
the convening authority or other person taking action under this article, for good cause,
may extend the applicable period under subdivision (1) for up to...
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13A-8-1
Section 13A-8-1 Definitions. The following definitions are applicable in this article unless
the context otherwise requires: (1) DECEPTION occurs when a person knowingly: a. Creates or
confirms another's impression which is false and which the defendant does not believe to be
true; or b. Fails to correct a false impression which the defendant previously has created
or confirmed; or c. Fails to correct a false impression when the defendant is under a duty
to do so; or d. Prevents another from acquiring information pertinent to the disposition of
the property involved; or e. Sells or otherwise transfers or encumbers property, failing to
disclose a lien, adverse claim, or other legal impediment to the enjoyment of the property
when the defendant is under a duty to do so, whether that impediment is or is not valid, or
is not a matter of official record; or f. Promises performance which the defendant does not
intend to perform or knows will not be performed. Failure to perform, standing...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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