13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction of a violation of this article or any other violation of the criminal laws of Alabama, the court shall order that any computer, computer system, computer network, instrument of communication, software or data that was owned or used by the defendant with the owner's knowledge of the unlawful act or where the owner had reason to know of the unlawful act, and that was used in the commission of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly disposed. If the defendant is a minor, it also includes the above listed property of the parent or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation or forfeiture of such thing shall be the same as that provided by law for the confiscation or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic beverages are illegally transported. If the computer,...
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11-45-9
Section 11-45-9 Penalties which may be imposed for violations of ordinances. (a) Municipal ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such penalties for violation of ordinances. (b) Except as otherwise provided in this section, no fine shall exceed five hundred dollars ($500), and no sentence of imprisonment or hard labor shall exceed six months. (c) In the enforcement of the penalties prescribed in Section 32-5A-191, the fine shall not exceed five thousand dollars ($5,000) and the sentence of imprisonment or hard labor shall not exceed one year. (d) Notwithstanding any other provision of law, the maximum fine for every person either convicted for violating any of the following misdemeanor offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender shall be one thousand dollars ($1,000): (1) Criminal mischief in the second degree, Section 13A-7-22. (2) Criminal mischief in the third degree, Section 13A-7-23. (3)...
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank, credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or lienholder of property that is subject to forfeiture, including any of the following: a. A person who has a valid claim, lien, or other interest in the property seized who did not know or consent to the conduct that caused the property to be forfeited, seized, or abandoned under subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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32-20-2
Section 32-20-2 Definitions. For purposes of this chapter, the following terms shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning: (1) DEALER. A person licensed by the Alabama Manufactured Housing Commission as a manufactured home retailer and engaged regularly in the business of buying, selling, or exchanging manufactured homes in this state, and having an established place of business. (2) DEPARTMENT. The Department of Revenue of this state. (3) DESIGNATED AGENT. Each judge of probate, commissioner of licenses, director of revenue, or other county official in this state authorized and required by law to issue motor vehicle license tags, unless otherwise provided by law, who may perform his or her duties under this chapter personally or through his or her deputies, or such other persons located in this state, as the department may designate. The term shall also mean those dealers as herein defined who...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which an offender is admitted into the program, there shall be a written agreement between the municipal prosecutor and the offender. The agreement shall include the terms of the pretrial diversion program, the length of the program, and the period of time after which the municipal prosecutor shall proceed to dispose of the charges against the offender or what charges the offender will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial diversion program, the offender agrees to plead guilty to a particular offense and receive a recommended sentence, this agreement concerning the offense and recommended sentence shall be submitted to and shall be subject to the approval of the municipal judge prior to admission of the offender into the pretrial diversion program. (b) As a condition to being admitted into the pretrial diversion program, the municipal prosecutor...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation. (a) Any drug offender subject to this chapter who posts bail shall submit to random observed drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo a screening under any of the following conditions: (1) The results of a drug test are positive. (2) The drug offender requests a screening. (3) The drug offender admits to substance use or abuse within the year preceding the arrest for the present charge. (4) The present charge involves a violation of the controlled substances or impaired driving statutes. (5) The drug offender, within the previous five years, has been convicted in any state or federal court involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements of subsection (a), the court shall order a drug offender...
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13A-8-90
Section 13A-8-90 Violations; penalties. (a) For purposes of this section, the following words have the following meanings: (1) AUDIOVISUAL IMAGE. A series of related images which are intended to impart an impression of motion when shown in succession by means of a machine or device. (2) AUDIOVISUAL RECORDING FUNCTION. The capability of a device to record or transmit a motion picture or any part thereof. (3) MOTION PICTURE THEATER. A movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense. (4) COMMERCIALLY DISTRIBUTE. To sell, lease, rent, or distribute for pecuniary gain. (b) Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater for the purpose of recording a motion picture with the intent to violate the property rights of the owner of the motion picture commits the crime of unlawful operation of a recording device. For purposes of this...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses, etc.; hearing; fines. (a) The board may refuse to license any person or establishment for violation of this chapter. If the board refuses to issue, grant, or renew a license based on a violation of this chapter, including, but not limited to, violations listed in subsection (c), the licensee or prospective licensee may request a public hearing before the board to appeal the action of the board. The request for a public hearing shall be submitted to the board in writing within 14 calendar days after the date of the refusal. Upon request, the board shall provide the licensee or prospective licensee with 20 days' notice of the public hearing by United States certified mail. The public hearing shall be conducted pursuant to Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided by the board to any licensee for whom the board is considering the probation,...
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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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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary metals recycler contests the identification or ownership of the metal property, the party other than the secondary metals recycler claiming ownership of any metal property in the possession of the secondary metals recycler may, provided that a timely report of the theft of the metal property was made to the proper authorities, bring an action in the circuit court of the county in which the secondary metals recycler is located. The petition for the action shall include a description of the means of identification of the metal property utilized by the petitioner to determine ownership of the metal property in the possession of the secondary metals recycler. If the person who sold the metal property to the secondary metals recycler is convicted of theft of property or criminal mischief related to the removal of the metal property, the court shall order the defendant to make full restitution to...
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