Code of Alabama

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15-16-20
Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons;
proceedings where person found insane. If any person other than a minor in confinement, under
indictment, for want of bail for good behavior, for keeping the peace or appearing as a witness,
in consequence of any summary conviction appears to be insane, the judge of the circuit court
of the county where he is confined must institute a careful investigation, call a respectable
physician and call other credible witnesses; and, if he deems it necessary, he may call a
jury, for which purpose he is empowered to compel attendance of witnesses and jurors. If it
is satisfactorily proved that the person is insane, the judge may discharge him from imprisonment
and order his safe custody and removal to the Alabama state hospitals, where he must remain
until restored to his right mind, and then, if the judge shall have so directed, the superintendent
must inform the judge and sheriff, whereupon the...
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2-25-17.1
Section 2-25-17.1 Procedures to be used when plant, nursery stock, etc., found to contain plant
pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or
treatment; refusal of owner to comply; liability for cost of treatment or destruction. If
the commissioner finds, on examination, any plant, plant product or nursery stock infested
or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons
having charge of such premises to that effect, and the owner or person in charge shall, within
10 days after such notice, unless an appeal is taken as provided in this article, cause the
removal and destruction of the infested and infected plant or plant product if it is incapable
of successful treatment; otherwise, such owner or person in charge shall cause it to be treated
as directed in the order of the commissioner. No indemnity shall be awarded to the owner for
complying with the above notice or orders of the commissioner. In...
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30-3-197
Section 30-3-197 Authorized actions; safeguards. (a) Provided that no actions are pending before
any circuit and district court of this state, the state Title IV-D agency may take the following
actions related to establishment of paternity or to the establishment, modification, or enforcement
of support orders, without the necessity of obtaining an order from any other judicial or
administrative tribunal, or in furtherance of any existing order, and to recognize and enforce
the authority of the state Title IV-D agencies of other states of the following actions: (1)
To order genetic testing for the purpose of paternity establishment. (2) To subpoena any financial
or other information needed to establish, modify, or enforce a support order, and to impose
penalties for failure to respond to a subpoena. (3) To require all entities in the state,
including for profit, nonprofit, and governmental employers, to provide promptly, in response
to a request by the state Title IV-D agency of this...
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34-27-36
limited liability corporation, for the purpose of receiving payments contemplated in this subsection.
The business organization shall not be required to be licensed under this chapter, and shall
not engage in any other activity requiring a real estate license. (12) Paying or receiving
any rebate from any person in a real estate transaction. (13) Inducing any party to a contract
to break the contract for the purpose of substituting a new contract, where the substitution
is motivated by the personal gain of the licensee. (14) If the licensee is a salesperson
or associate broker, accepting a commission or other valuable consideration for performing
any act for which a license is required from any person except his or her qualifying broker.
(15) If a qualifying broker or company, allowing a salesperson or associate broker licensed
under him or her to advertise himself or herself as a real estate agent without the name or
trade name of the qualifying broker or company appearing...
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41-4-96
Section 41-4-96 Penalties for violations of article. A wilful and knowing refusal to perform
any of the requirements of this article or a wilful and knowing refusal to perform any rule
or requirement or request of the Governor, Director of Finance or the Budget Officer made
pursuant to or under authority of this article by any trustee, commissioner, director, manager,
building committee or other officer or person connected with any department, board, bureau,
commission, agency, office or institution of the state shall subject the offender to a penalty
of $250.00, to be recovered in an action instituted in the Circuit Court of Montgomery County
by the Attorney General for the use of the State of Alabama and shall also constitute a misdemeanor,
punishable by fine or imprisonment or both, in the discretion of the court, and shall subject
such offender to dismissal from office by the person, department, board, bureau, commission,
agency, office or institution of the state under which such...
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45-4-233
the duty of the sheriff of the county to enclose the subpoenas in an envelope addressed to
the person to be served and place all necessary postage and a return address thereon. In the
event the witness subpoena is returned to the sheriff by the post office department of the
United States without delivery, the subpoena shall be by the sheriff returned NOT FOUND. All
witness subpoenas not returned to the sheriff by the post office department shall be considered
for all purposes as sufficient personal and legal service. It is specifically provided,
however, that, if the party calling a witness expressly requests in writing that the subpoena
be delivered to such witness personally by the sheriff or one of his or her deputies in person,
such witness shall be so served. The provisions of this section in reference to service by
mail shall not apply, however, to witness subpoenas returnable before the court instanter.
Such subpoenas shall be served only as provided in Section 12-21-180....
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5-2A-82
Section 5-2A-82 Appeals from acts of bureau or supervisor. Any person aggrieved by any order
or act of the bureau or the supervisor may, within 30 days from the entry of the order complained
of or within 60 days of the act complained of if there is no order, file a complaint or appeal
from the order or act against the supervisor in the Circuit Court of Montgomery County or
the circuit court of the county of the residence of the party aggrieved or the circuit court
of the county wherein the party aggrieved does business and file security with the court for
costs. Such complaint may pray for a reversal, rescission or modification of the order or
act complained of and for such other relief as may be appropriate. It shall allege the facts
relied upon as the basis for such relief. When the complaint has been filed, a summons shall
be issued forthwith and shall be served upon the supervisor personally or by registered or
certified mail addressed to his office in the State Banking Department....
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8-19A-16
Section 8-19A-16 Enforcement procedures. (a) If, by his or her own inquiries or as a result
of complaints, the enforcing authority has reason to believe that a person has engaged in,
or is engaging in a practice that violates this chapter, he or she may administer oaths and
affirmations, subpoena witnesses or matter, and collect evidence. Within 10 days after the
service of a subpoena or at any time before the return date specified therein, whichever is
longer, the party served may file in the circuit court in the county in which he or she resides
or in which he or she transacts business and serve upon the enforcing authority a petition
for an order modifying or setting aside the subpoena. The petitioner may raise any objection
or privilege which would be available under this chapter or upon service of the subpoena in
a civil action. The subpoena shall inform the party served of his or her rights under this
subsection. (b) If matter that the enforcing authority seeks to obtain by...
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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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15-25-3
Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child
under age 16 - Use of closed circuit equipment; competence of victim as witness. (a) In those
criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the
defendant prior to the trial of the case, may order that the testimony of any alleged victim
of the crime or witness thereto who is under the age of 16 at the time of the order shall
be viewed and heard at trial by the court and the finder of fact by closed circuit equipment.
In ruling on the motion the court shall take into consideration those matters set out in Section
15-25-2. (b) If the court orders that the victim's or witness's testimony in court shall be
by closed circuit equipment, the testimony shall be taken outside the courtroom in the judge's
chambers or in another suitable location designated by the judge. (c) Examination and cross-examination
of the alleged child victim or witness shall proceed as...
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