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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal
offense or violation as specified in this section within the jurisdiction of the municipal
court may apply with the municipal prosecutor for admittance into the pretrial diversion program.
(b) A person charged with any of the following may apply for admission into the program: (1)
A traffic offense, other than driving under the influence. (2) A property offense. (3) An
offense wherein the victim did not receive serious physical injury. (4) An offense in which
the victim was not a child under 14 years of age, a law enforcement officer, a school official,
or a correctional officer. (5) A misdemeanor other than one specifically excluded in this
section. (6) A violation classified under this code. (7) A violation or offense classified
under the Municipal Code of the City of Brewton. (c) The following offenses are ineligible
for consideration for the pretrial diversion program: (1) Any offense involving the...
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9-12-150
Section 9-12-150 Artificial reef construction permit; transportation, inspection, etc.,
of reef materials; bond; penalties. (a) Before any person, firm, corporation, or association
constructs or attempts to construct an artificial fishing reef in the coastal waters of the
State of Alabama as defined by Section 9-7-10, or waters approved by the U.S. Army
Corps of Engineers adjacent to or which may affect the coastal area of Alabama as defined
by Section 9-7-10, and transports or attempts to transport material from which artificial
reefs may be constructed through the waters of this state, the person, firm, corporation,
or association shall have the material inspected and approved by and shall obtain a permit
from the Alabama Department of Conservation and Natural Resources, Marine Resources Division,
or any agency designated in the future by the division, the cost of which shall be twenty-five
dollars ($25) per reef and shall be credited to the Marine Resources Fund. Materials are...
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12-23-3
juveniles and those granted youthful offender status or convicted of alcohol and/or drug-related
offenses. (5) COURT REFERRAL OFFICERS. Those persons within designated court jurisdictions
providing assessment or evaluation of defendants for alcohol and/or drug abuse, recommendations
and/or referrals for education or treatment and monitoring for court-ordered compliance. (6)
DUI. Driving or in actual physical control of a vehicle while under the influence of alcohol
or drugs as proscribed by Section 32-5A-191, or any other law. (7) DIVERSIONARY
SCREENING. The power of the prosecutor, prior to arraignment, to consider all circumstances
of criminal proceedings and to determine whether any legal action is to be taken. (8) PROSECUTORIAL
DISCRETION. The discretionary power of a prosecutor to suspend, prior to the arraignment,
all formal prosecutorial proceedings against one who has become involved in the criminal justice
system as a defendant or an accused. (9) ACCUSATORY INSTRUMENT. Any...
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22-21-265
Section 22-21-265 Certificates of need - Required for new institutional health service.
(a) On or after July 30, 1979, no person to which this article applies shall acquire, construct,
or operate a new institutional health service, as defined in this article, or furnish or offer,
or purport to furnish a new institutional health service, as defined in this article, or make
an arrangement or commitment for financing the offering of a new institutional health service,
unless the person shall first obtain from the SHPDA a certificate of need therefor. Notwithstanding
any provisions of this article to the contrary, those facilities and distinct units operated
by the Department of Mental Health, and those facilities and distinct units operating under
contract or subcontract with the Department of Mental Health where the contract constitutes
the primary source of income to the facility, shall not be required to obtain a certificate
of need under this article. (b) Notwithstanding all other...
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32-5-242
Section 32-5-242 Requirements as to head lamps and auxiliary driving lamps. (a) Visibility
distance and mounted height of lamps. (1) Whenever requirement is hereinafter declared as
to the distance from which certain lamps and devices shall render objects visible or within
which such lamps or devices shall be visible, the provisions shall apply during the times
stated in Section 32-5-240 in respect to a vehicle without load when upon a straight,
level, unlighted highway under normal atmospheric conditions unless a different time or condition
is expressly stated. (2) Whenever requirement is hereinafter declared as to the mounted height
of lamps or devices it shall mean from the center of such lamp or device to the level ground
upon which the vehicle stands when such vehicle is without a load. (b) Multiple-beam road-lighting
equipment. Except as hereinafter provided, the head lamps or the auxiliary driving lamp or
the auxiliary passing lamp or combination thereof on motor vehicles other...
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32-6-12.1
shall be subject to rules, terms, regulations, restrictions, and eligibility requirements established
by the agency, as well as subject to payment of a fee not to exceed the cost of production
and issuance of the hardship driver license. (c) A person whose hardship driver license has
been revoked shall not be eligible to apply for a driver's license until at least six months
from the date the license was revoked. (d) A person who has been adjudicated or convicted
of driving under the influence, pursuant to Section 32-5A-191, shall not be
eligible for a hardship driver license. (e) The Secretary of the Alabama State Law Enforcement
Agency shall promulgate such rules, regulations, restrictions, and eligibility requirements
as are necessary to implement the provisions of this section. Additionally, the Alabama
State Law Enforcement Agency shall collaborate with the Board of Pardons and Paroles to implement
the provisions of this section. (Act 2015-185, p. 476, §13; Act 2018-289, §1.)...
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33-5-71
Section 33-5-71 Obstruction of operator's view prohibited; penalties. (a) It shall be
unlawful for the operator of a vessel, when the vessel is operated at or above plane speed,
to position or allow the positioning of, persons or equipment, including but not limited to,
seats, coolers, tackle, ski, and tubing devices, in a manner that would obstruct the operator's
view to impair, or would otherwise impair, the safe operation of the vessel while operating
on the waters of this state. Sailboats and auxiliary sailboats are exempt from this section.
(b) Any person violating this section shall be guilty of a Class B misdemeanor, and
upon conviction shall be punished as provided by Sections 13A-5-7 and 13A-5-12. Any person
so convicted shall be fined not less than one hundred dollars ($100). (Acts 1994,
No. 94-652, p. 1243, §25.)...
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35-11-310
Section 35-11-310 Lien declared. Any riparian proprietor who has lawfully erected or
maintains in front of his property, in any water of this state, any boom, bulkhead, piles,
or other structure, shall have right to charge any person who shall fasten thereto any vessel,
boat, flatboat, raft, log or stick of timber or wood, $5.00 a day for every vessel or boat,
other than a flatboat; $2.00 a day for each flatboat; $.05 a day for every pole, log, or stick
of timber or wood, and shall have a lien for the collection of such charges upon such vessel,
boat, flatboat, raft, log or stick of timber or wood. (Code 1896, §2784; Code 1907, §4818;
Code 1923, §8910; Code 1940, T. 33, §73.)...
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45-4-83.02
Section 45-4-83.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Fourth Judicial Circuit may apply to the district attorney for admittance to the pretrial
diversion program. A person charged with any of the following offenses may apply for the program:
(1) A traffic offense, other than driving under the influence. (2) A property offense. (3)
An offense wherein the victim did not receive serious physical injury. (4) An offense in which
the victim was not a child under 14 years of age, a law enforcement officer, a school official,
or a correctional officer. (5) A misdemeanor other than one specifically excluded in this
section. (b) The following offenses are ineligible for consideration for the pretrial
diversion program: (1) Trafficking or distribution of drugs, or both. (2) Any offense involving
the abuse of a child or an elderly person. (3) Any sex offense. (4) Any...
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13A-6-4
Section 13A-6-4 Criminally negligent homicide. (a) A person commits the crime of criminally
negligent homicide if he or she causes the death of another person by criminal negligence.
(b) The jury may consider statutes and ordinances regulating the actor's conduct in determining
whether the actor is culpably negligent under subsection (a). (c) Criminally negligent homicide
is a Class A misdemeanor, except in cases in which the criminally negligent homicide is caused
by the driver or operator of a vehicle or vessel who is driving or operating the vehicle or
vessel in violation of Section 32-5A-191 or 32-5A-191.3; in these cases,
criminally negligent homicide is a Class C felony. (Acts 1977, No. 607, p. 812, §2015; Acts
1979, No. 79-664, p. 1163, §1; Acts 1988, 1st Sp. Sess., No. 88-916, p. 510, §1; Act 2014-427,
p. 1574, §1.)...
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