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36-18-20
Section 36-18-20 Declaration of purpose. The Legislature hereby finds, determines and
declares: (a) That the tragic incidence of violent crime in our society is growing at an alarming
rate, and that these offenses often times are committed by repeat or habitual offenders against
our most innocent and defenseless citizens. (b) That there is a critical and urgent need to
provide law enforcement officers and agencies with the latest scientific technology available
for the purpose of identifying, apprehending, arresting, and convicting those violent offenders.
(c) That DNA testing, profiling, and analysis allows a more certain and rapid identification
of such offenders as well as the exoneration of those wrongfully suspected or accused. (d)
That genetic identification technology through DNA testing is generally accepted by the relevant
scientific community. (e) That the procedures and techniques employing the underlying theory
of DNA identification is capable of producing reliable results...
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36-18-21
Section 36-18-21 Definitions. As used in this article, the following words, phrases
or terms shall have the following meanings, respectively unless the context thereof clearly
indicates otherwise: (a) DIRECTOR. Shall mean the Director of the Alabama Department of Forensic
Sciences. (b) PERSON. A human being, and where appropriate, a public or private corporation,
an unincorporated association, a partnership, a government or a governmental instrumentality.
(c) DNA. Deoxyribonucleic acid. (d) DNA SAMPLE. Any biological sample containing DNA. (e)
DNA RECORD. An objective form of scientific analysis or tests which contain genetic identification
characteristics of DNA samples. (f) DNA POPULATION FREQUENCY. The frequency of occurrence
of a particular DNA trait or fragment in a particular population. (g) DNA DATABASE. That system
established by the Director of the Alabama Department of Forensic Sciences for the purposes
of collecting, storing and maintaining DNA records. (h) DNA POPULATION...
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15-18-200
Section 15-18-200 Motion by persons convicted of capital offense for forensic DNA testing
and analysis. (a) An individual convicted of a capital offense who is serving a term of imprisonment
or awaiting execution of a sentence of death, through written motion to the circuit court
that entered the judgment of sentence, may apply for the performance of forensic deoxyribonucleic
acid testing on specific evidence, if that evidence was secured in relation to the investigation
or prosecution that resulted in the conviction of the applicant, is still available for testing
as of the date of the motion, forensic DNA testing was not performed on the case at the time
of the initial trial, and the results of the forensic DNA testing, on its face, would demonstrate
the convicted individual's factual innocence of the offense convicted. The filing of a motion
as provided in this subsection shall not automatically stay an execution. (b) Upon receipt
of a motion for DNA testing, the circuit court shall...
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25-5-331
Section 25-5-331 Definitions. As used in this article, the following words and terms
shall have meanings as follows: (1) ALCOHOL. Ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced. (2) CHAIN OF CUSTODY. The methodology
of tracking specified materials, specimens, or substances for the purpose of maintaining control
and accountability from initial collection to final disposition for all of the materials,
specimens, or substances and providing for accountability at each stage in handling, testing,
and storing materials, specimens, or substances and reporting test results. (3) CONFIRMATION
TEST or CONFIRMED TEST. A second analytical procedure used to identify the presence of a specific
drug or metabolite in a specimen. The confirmation test shall be different in scientific principle
from that of the initial test procedure. The confirmation method shall be capable of providing
requisite specificity, sensitivity, and quantitative...
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36-18-22
Section 36-18-22 Powers of director. The director is hereby authorized and empowered
to: (1) Collect, accept, analyze, test and store DNA samples. (2) Create, maintain or exchange
DNA records. (3) Analyze, type and record any and all genetic markers contained in or derived
from DNA and to provide for the collection, storage and maintenance of genetic identification
information as the same may pertain to the identification or exclusion of criminal suspects.
(Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §3.)...
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12-23A-4
Section 12-23A-4 Establishment of drug court; participation; incentives and sanctions;
components; drug court team and advisory committee; coordinator. (a)(1) The presiding judge
of each judicial circuit, with the consent of the district attorney of that judicial circuit,
may establish a drug court or courts, under which drug offenders shall be processed, to appropriately
address the identified substance abuse problem of the drug offender as a condition of pretrial
release, pretrial diversion, probation, jail, prison, parole, community corrections, or other
release or diversion from a correctional facility. The structure, method, and operation of
each drug court may differ and should be based upon the specific needs of and resources available
to the judicial district or circuit where the drug court is located, but shall be created
and operate pursuant to this chapter and in compliance with rules promulgated by the Alabama
Supreme Court. (2) Nothing in this chapter shall affect the...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force.
(a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor
chemical violates this article if the person: (1) Knowingly fails to comply with the reporting
requirements of this article; (2) Knowingly makes a false statement in a report or record
required by this article or the rules adopted thereunder; (3) Is required by this article
to have a listed precursor chemical license or permit, and is a person as defined by this
article, and knowingly or deliberately fails to obtain such a license or permit. An offense
under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions
of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes
or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish
a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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36-18-27
Section 36-18-27 Disclosure of DNA records. DNA records collected and maintained for
the purpose of the identification of criminal suspects or offenders shall be disclosed only:
(a) To criminal justice agencies for law enforcement identification purposes. (b) In judicial
proceedings, if otherwise admissible. (c) For criminal defense purposes, to a defendant, who
shall have access to samples and analyses performed in connection with the case in which such
defendant is charged. (Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §8.)...
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12-15-135
Section 12-15-135 Taking and disposition of fingerprints, photographs, blood samples.
(a) Fingerprints of a child who has been charged with a delinquent act shall be taken by the
law enforcement agency taking the child into custody. The prints may be retained in a local
file and a copy shall be filed with the Alabama Bureau of Investigation. (b) If latent fingerprints
are found during the investigation of a delinquent act and a law enforcement officer has reason
to believe that they are those of the child in custody, the officer may fingerprint the child
regardless of age or delinquent act for purpose of immediate comparison with the latent fingerprints.
The prints may be retained in a local file and copies shall be sent to the Alabama Bureau
of Investigation. (c) Special precautions shall be taken to ensure that the fingerprints will
be maintained in a manner and pursuant to safeguards as to limit their use to inspection for
comparison purposes by law enforcement officers or by staff...
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26-17-102
Section 26-17-102 Definitions. In this chapter: (1) "Acknowledged father"
means a man who has established a father-child relationship under Article 3. (2) "Adjudicated
father" means a man who has been adjudicated by a court of competent jurisdiction to
be the father of a child. (3) "Alleged father" means a man who alleges himself to
be, or is alleged to be, the genetic father or a possible genetic father of a child, but whose
paternity has not been determined. The term does not include: (A) a presumed father; (B) a
man whose parental rights have been terminated or declared not to exist; or (C) a male donor
who donates in compliance with Section 26-17-702. (4) "Assisted reproduction"
means a method of causing pregnancy other than sexual intercourse. The term includes: (A)
intrauterine insemination; (B) donation of eggs; (C) donation of embryos; (D) in-vitro fertilization
and transfer of embryos; and (E) intracytoplasmic sperm injection. (5) "Child" means
an individual of any age whose...
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