12-21-135.1
Section 12-21-135.1 Video testimony by certain witnesses. (a) This section shall be known as the "Alabama Armed Services Accommodation Act." (b) The Legislature finds it to be an important matter of public policy that an accommodation be made for military members who are asked to testify in civil or criminal trials in this state but are unable to attend in person. The purpose of this section is to ease the burdens on military personnel and their families brought on by the duty of appearing as a witness in a trial in this state when summoned. The purpose of this section is also to allow members of the armed services to assist in trials in this state as witnesses without interrupting their military service, while protecting the rights of all parties in civil or criminal litigation. The purpose of this section is also to better enable the fact-finder to obtain crucial evidence and will aid in the expeditious resolution of cases in this state by providing a procedure in which testimony of...
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13A-8-143
Section 13A-8-143 Immunity from liability for giving of notice. Any lessor under a written lease or rental agreement having given notice in substantially similar form to that provided in this article shall be immune from civil or criminal liability for the giving of such notice and for proceeding under the forms of such notice. (Acts 1986, No. 86-392, p. 576, ยง4.)...
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22-40A-19
Section 22-40A-19 Penalties. (a) Any person who intentionally, knowingly, recklessly, or with criminal negligence: (1) Accumulates scrap tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment not exceeding three months. (2) Processes scrap tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment not exceeding six months. (3) Transports scrap tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment not exceeding one year. (4) Engages in unauthorized disposal of scrap tires in violation of this chapter, upon conviction, shall be subject to a term of imprisonment of not more than 10 years nor less than one year and one day and, in addition, may be fined not more than ten thousand dollars ($10,000) for each violation. (5) Makes any false statement or representation in any document used to comply with this chapter, upon conviction, shall be subject to a term of imprisonment...
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23-2-170
Section 23-2-170 Civil liability for toll violations. (a) The authority, department, private toll entity, or an agent or representative thereof may file a civil suit in the municipal court of the city in which the violation has occurred or district court of the county in which the violation occurred to collect the toll and all applicable fees after a citation has been issued and the required time period for response has elapsed, without the payment of filing fees. The action shall be governed by the Alabama Rules of Civil Procedure except as otherwise set out in this article. (b) Actions brought pursuant to this article shall be commenced within six years. (c) Imposition of liability pursuant to this section shall be based upon a preponderance of evidence submitted. (d) Adjudication of liability shall not be made a part of the driving record of the person upon whom liability is imposed, nor shall it be considered in any manner for insurance purposes in the provision of motor vehicle...
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6-5-272
Section 6-5-272 Conviction or plea of guilty not prerequisite to suit; letter of demand for remittance. (a) A conviction or a plea of guilty to the criminal offense of theft of property as defined in Title 13A, Chapter 8, is not a prerequisite to the bringing of a civil suit, obtaining a judgment, or collecting that judgment under this article. (b) The fact that a merchant may bring a civil action against an individual as provided in this article shall not limit the right of the merchant to demand, in writing as set out in subsection (c) below, that a person who is liable for damages and penalties under this article remit the damages and penalties prior to the consideration of the commencement of any legal action. (c) The demand letter must be prepared and include the following: On (insert date), you were apprehended for taking possession of, without paying for, merchandise belonging to (name of retailer/merchant). Under Alabama statute, a retailer/merchant is granted a civil cause of...
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12-19-181
Section 12-19-181 Schedule and distribution of additional fees. (a) In addition to any other docket fees provided by law, including, but not limited to, the docket fees provided in Sections 12-19-171 and 12-19-176, the following fees shall be automatically assessed in cases in municipal, juvenile, district, and circuit courts upon conviction or adjudication of the defendant of any of the following offenses: (1) Unlawful possession of marihuana in the second degree in violation of Section 13A-12-214 ...$40. (2) Possession of drug paraphernalia, misdemeanor conviction or adjudication, in violation of subsection (c) of Section 13A-12-260 ...$40. (3) Delivery, sale, manufacture, etc. of drug paraphernalia in violation of subsection (d) of Section 13A-12-260: a. Misdemeanor ...$40. b. Felony ...$60. (4) Felony unlawful possession of a controlled substance in violation of Sections 13A-12-212 and 13A-12-213 ...$60. (5) Obtaining a...
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13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of capital murder and sentenced to death, and files a petition for post-conviction relief under the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure. (b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal of a case in which the death penalty was imposed. In all cases where the defendant is deemed indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate counsel for the purposes of post-conviction relief under this section. Appointed counsel shall be compensated pursuant to Chapter 12 of Title 15;...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the following minimum criteria shall be considered eligible for punishment in the community under this article: (1) Persons who, without this option, would be incarcerated in a correctional institution or who are currently incarcerated in a correctional institution. (2) Persons who are convicted of misdemeanors. (b) The following offenders are excluded from consideration for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision (14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching this determination, the court may consider prior convictions and other acts not resulting in conviction or criminal charges, and the offender's behavior while in state or county confinement. (c) The eligibility criteria established in this section shall be interpreted as guidelines for the benefit of the court in making a determination of...
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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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25-5-88
Section 25-5-88 Proceedings for determination of disputed claims for compensation - Commencement of action, etc. Either party to a controversy arising under this article and Article 2 of this chapter may file a verified complaint in the circuit court of the county which would have jurisdiction of an action between the same parties arising out of tort, which shall set forth the names and residences of the parties and the circumstances relating to the employment at the time of the injury, with a full description of the injury, its nature and extent, the amount of the average earnings received by the employee which would affect his compensation under this article and Article 2 of this chapter, the knowledge of the employer of the injury or the notice to him thereof, which must be of the kind provided for in this article and Article 2 of this chapter and such other facts as may be necessary to enable the court to determine what, if any, compensation the employee or, in case of a deceased...
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