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15-16-22
Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation
and examination of defendant by commission on lunacy; report by commission; order of clerk
of court; expenses of removal of defendant. (a) Whenever it shall be made known to the presiding
judge of a court by which an indictment has been returned against a defendant for a capital
offense, that there is reasonable ground to believe that such defendant may presently lack
the capacity to proceed or continue to trial, as defined in Section 22-52-30, or whenever
said judge receives notice that the defense of said defendant may proceed on the basis of
mental disease or defect as a defense to criminal responsibility; it shall be the duty of
the presiding judge to forthwith order that such defendant be committed to the Department
of Mental Health and Mental Retardation for examination by one or more mental health professionals
appointed by the Commissioner of the Department of Mental Health and Mental...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-16-22.htm - 3K - Match Info - Similar pages
15-27-3
Section 15-27-3 Submission of sworn statement and records; service. (a) A petition filed
under this chapter shall include a sworn statement made by the person seeking expungement
under the penalty of perjury stating that the person has satisfied the requirements set out
in this chapter and whether he or she has previously applied for an expungement in any jurisdiction
and whether an expungement has been previously granted. (b) The petitioner shall include a
certified record of arrest, disposition, or the case action summary from the appropriate agency
for the court record the petitioner seeks to have expunged as well as a certified official
criminal record obtained from the Alabama Criminal Justice Information Center. In addition
to setting forth grounds for the court to consider, the petitioner shall specify what criminal
charges from the record are to be considered, further specify the agency or department that
made the arrest and any agency or department where the petitioner was...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-27-3.htm - 2K - Match Info - Similar pages
30-3-5
Section 30-3-5 Venue of all proceedings seeking modification of child custody, visitation
rights, or child support. Notwithstanding any law to the contrary, venue of all proceedings
for petitions or other actions seeking modification, interpretation, or enforcement of a final
decree awarding custody of a child or children to a parent and/or granting visitation rights,
and/or awarding child support, and/or awarding other expenses incident to the support of a
minor child or children, and/or granting post-minority benefits for a child or children is
changed so that venue will lie in: (1) the original circuit court rendering the final decree;
or (2) in the circuit court of the county where both the current custodial parent or, in the
case of post-minority benefits, where the most recent custodial parent, that parent having
custody at the time of the child's attaining majority, and the child or children have resided
for a period of at least three consecutive years immediately preceding the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3-5.htm - 1K - Match Info - Similar pages
38-9F-8
Section 38-9F-8 Ex parte relief. (a) If it appears from a petition for an elder abuse
protection order or a petition to modify an elder abuse protection order that elder abuse
has occurred or a modification is warranted, the court may do either of the following: (1)
Without notice or hearing, immediately issue an ex parte elder abuse protection order or modify
an ex parte elder abuse protection order as it deems necessary. (2) After providing notice
as required by the Alabama Rules of Civil Procedure, issue an elder abuse protection order
or modify an elder abuse protection order after a hearing whether or not the defendant appears.
(b) Based upon a risk of imminent potential harm to the plaintiff, a court may grant one or
more of the following ex parte forms of relief without prior notice to the defendant or a
hearing: (1) Enjoin the defendant from threatening to commit or committing acts of elder abuse
against the plaintiff and any other individual designated by the court. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/38-9F-8.htm - 4K - Match Info - Similar pages
45-11-80.01
Section 45-11-80.01 Additional court costs; Public Safety Technology Fund. (a) In all
criminal, quasi-criminal, and traffic cases in district, circuit, and municipal courts in
Chilton County, there shall be taxed as costs an additional ten dollars ($10) in each case.
The additional court costs shall be collected in all cases where the defendant is adjudged
guilty, a bond forfeited, a penalty imposed, or where there is issued any alias or capias
warrant of arrest. The court cost assessed and collected herein shall be in addition to and
not in lieu of any other fees or costs. The court costs shall not be waived or remitted unless
the defendant proves to the reasonable satisfaction of the sentencing judge that the defendant
is not capable of paying the fee within the reasonable foreseeable future. (b) The court costs
assessed by this section shall be distributed monthly to the Public Safety Technology
Fund, which shall be created in the county treasury. The fund shall be administered by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-11-80.01.htm - 3K - Match Info - Similar pages
45-17-81.12
Section 45-17-81.12 Applicants for admittance. (a) A person charged with a criminal
offense specified in subsection (b) whose jurisdiction is in the circuit or district court
of the Thirty-first Judicial Circuit may apply to the District Attorney of the Thirty-first
Judicial Circuit for admittance to the pretrial diversion program. (b) A person charged with
any of the following offenses may apply for the program: (1) Any traffic offense. (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. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the abuse of a child or an elderly
person. (2) Any sex offense. (3) Any Class A felony, except in the case of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-17-81.12.htm - 2K - Match Info - Similar pages
11-99A-52
Section 11-99A-52 Formation and incorporation of districts validated and confirmed;
validity of certain districts. (a) The formation and incorporation of each district heretofore
formed and incorporated pursuant to this chapter by any county or municipality is hereby validated
and confirmed from the date of such formation and incorporation, notwithstanding any noncompliance
with any provisions of Section 11-99A-4 or other provision of this chapter with respect
thereto; provided, however, that the validation and confirmation effected by this section
shall not be applicable to any district the validity of which is being directly challenged
in appropriate judicial proceedings in any proper court on May 24, 2013. (b) In the event
that, subsequent to June 12, 1999, land within the corporate limits of a municipality is removed
from, or deannexed from, or otherwise determined not to be within, the corporate limits of
such municipality, such that land within a district formed and incorporated...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-99A-52.htm - 1K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings
and final decisions in contested cases. (a) A person who has exhausted all administrative
remedies available within the agency, other than rehearing, and who is aggrieved by a final
decision in a contested case is entitled to judicial review under this chapter. A preliminary,
procedural, or intermediate agency action or ruling is immediately reviewable if review of
the final agency decision would not provide an adequate remedy. (b) All proceedings for review
may be instituted by filing of notice of appeal or review and a cost bond with the agency
to cover the reasonable costs of preparing the transcript of the proceeding under review,
unless waived by the agency or the court on a showing of substantial hardship. A petition
shall be filed either in the Circuit Court of Montgomery County or in the circuit court of
the county in which the agency maintains its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
45-10-81.02
Section 45-10-81.02 Additional booking fee in certain cases. (a) In Cherokee County,
a booking fee in the amount of twenty dollars ($20) shall be assessed against and collected
from each person booked or incarcerated into the Cherokee County Detention Center and subsequently
convicted. The fee assessed pursuant to this section shall be in addition to any fines,
court costs, or other charges imposed. (b) The booking fee imposed by this section
shall be assessed against a defendant upon conviction by a court of law where the defendant
is convicted. The clerk of the court shall enter the amount of the fee as provided in this
section on the docket sheet and shall collect the fee in the same manner and the same
time as court costs. (c) The revenues derived from the booking fee shall be submitted to the
Cherokee County Sheriff's Department Law Enforcement Fund to be used by the Sheriff of Cherokee
County for jail operations including, but not limited to, training fees, salaries, equipment,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-10-81.02.htm - 2K - Match Info - Similar pages
45-11-172.02
Section 45-11-172.02 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE
2019 REGULAR SESSION, EFFECTIVE MARCH 15, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) An animal control officer or law enforcement officer of the county shall investigate any
incidents involving any dog reported to be dangerous or a nuisance in the unincorporated areas
of the county. (b) If a dog, which is unowned and has been reported to be dangerous, bites
a person, the dog may be quarantined and destroyed pursuant to Section 3-7A-9(b). For
purposes of this subsection, "bites" means the same as "has been exposed"
as defined in Section 3-7A-1(5). (c) If there is probable cause to believe that an
owned dog is dangerous or a nuisance and has caused serious physical injury or has caused
damage to real or personal property, the law enforcement officer or animal control officer
shall impound the dog pending disposition of a petition to declare a dog to be dangerous or
a nuisance. The county may impound...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-11-172.02.htm - 3K - Match Info - Similar pages
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