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32-5-192
Section 32-5-192 Implied consent; when tests administered; suspension of license or permit
to drive, etc., for refusal to submit to test. (a) Any person who operates a motor vehicle
upon the public highways of this state shall be deemed to have given his consent, subject
to the provisions of this division, to a chemical test or tests of his blood, breath or urine
for the purpose of determining the alcoholic content of his blood if lawfully arrested for
any offense arising out of acts alleged to have been committed while the person was driving
a motor vehicle on the public highways of this state while under the influence of intoxicating
liquor. The test or tests shall be administered at the direction of a law enforcement officer
having reasonable grounds to believe the person to have been driving a motor vehicle upon
the public highways of this state while under the influence of intoxicating liquor. The law
enforcement agency by which such officer is employed shall designate which of...
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32-5A-139
Section 32-5A-139 Officers authorized to remove vehicles. (a) Whenever any police officer finds
a vehicle standing upon a highway in violation of any of the provisions of Section 32-5A-136
such officer is hereby authorized to move such vehicle, or require the driver or other person
in charge of the vehicle to move the same, to a position off the paved or main-traveled part
of such highway. (b) Any police officer is hereby authorized to remove or cause to be removed
to a place of safety any unattended vehicle illegally left standing upon any highway, bridge,
causeway, or in any tunnel, in such position or under such circumstances as to obstruct the
normal movement of traffic. (c) Any police officer is hereby authorized to remove or cause
to be removed to the nearest garage or other place of safety any vehicle found upon a highway
when: (1) Report has been made that such vehicle has been stolen or taken without the consent
of its owner; (2) The person or persons in charge of such vehicle...
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45-41-83.11
Section 45-41-83.11 Drug court program. (a) The following words shall have the following meanings
for the drug court program: (1) DRUG COURT TEAM. A diverse group of persons consisting of
all of the following: a. A circuit judge appointed by the board. b. The district attorney
or his or her designee. c. A public defender or member of the criminal defense bar appointed
by the board. d. A law enforcement officer appointed by the board. e. The drug court coordinator.
f. A representative from the corrections division of the Lee County Sheriff's office appointed
by the board. g. A court referral officer or state probation officer appointed by the board.
h. Any other person selected by a majority of the drug court team. (2) DRUG OFFENDER. A person
charged with or convicted of an offense involving the use, abuse, or possession of drugs or
drug paraphernalia. Such persons do not include those currently charged with or convicted
of driving or boating under the influence in any state, local,...
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12-15-201
Section 12-15-201 Definitions. For purposes of this article, the following terms and phrases
shall have the following meanings: (1) AVERAGE COST OF DETENTION. The average cost of detention
of children as determined from experience in Alabama and as computed by the Department of
Youth Services. (2) CONSENT DECREE. An order, entered after the filing of a delinquency or
child in need of supervision petition and before the entry of an adjudication order, suspending
the proceedings and placing the child under supervision pursuant to terms and conditions agreed
to between the child and his or her parent, legal guardian, or legal custodian and approved
by the juvenile court. (3) NONOFFENDER. A child who is subject to the jurisdiction of the
juvenile court for reasons other than the legally prohibited conduct of the child. (4) STATUS
OFFENDER. A status offender is an individual who has been charged with or adjudicated for
conduct that would not, pursuant to the law of the jurisdiction in which...
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31-2A-34
Section 31-2A-34 (Article 34.) Advice of judge advocate and reference for trial. (a) Before
directing the trial of any charge by general or special court-martial, the convening authority
shall refer it to a judge advocate for consideration and advice. The convening authority may
not refer a specification under a charge to a general or special court-martial for trial unless
the convening authority has been advised in writing by a judge advocate of all of the following:
(1) The specification alleges an offense under this code. (2) The specification is warranted
by the evidence indicated in the report of investigation under Section 31-2A-32 (Article 32),
if there is such a report. (3) A court-martial would have jurisdiction over the accused and
the offense. (b) The advice of the judge advocate under subsection (a) with respect to a specification
under a charge shall include a written and signed statement by the judge advocate containing
both of the following: (1) Conclusions with respect...
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32-6-49.13
breathalyzer or other approved device, technique, or procedure approved by the Department of
Forensic Sciences, or transport the driver to an appropriate facility where a chemical test
by an approved method shall be administered either by the officer or at his or her direction,
or both. (2) A test or tests shall be administered at the direction of a law enforcement officer
to all commercial motor vehicle drivers who are involved in any vehicular accident which results
in death or physical injury requiring hospitalization or emergency medical treatment.
(c) A person requested to submit to a test as provided in subsection (a) above must be warned
by the law enforcement officer requesting the test, that a refusal to submit to the test will
result in that person being immediately placed out of service for a period of 24 hours and
being disqualified from operating a commercial motor vehicle for a period of not less than
two years under Section 32-6-49.12. (d) If the person refuses...
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41-9-623
Section 41-9-623 Submission of data to Alabama State Law Enforcement Agency. (a) All criminal
justice agencies within the state shall submit to ALEA fingerprints, descriptions, photographs,
and other identifying data on the following persons: (1) Persons who have been lawfully arrested
in this state for an offense. (2) Persons who have been charged with an act of delinquency
or adjudicated a youthful offender for conduct which would constitute an offense if committed
by an adult. (b) All chiefs of police, sheriffs, prosecuting attorneys, parole and probation
officers, wardens, or other persons in charge of correctional or detention institutions in
this state shall furnish ALEA with any other data deemed necessary by the commission to carry
out its responsibilities under this article. (c) The Administrative Director of Courts or
the chief administrative officer of any other entity charged with the compilation of information
and statistics pertaining to the disposition of criminal,...
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45-7-82.29
Section 45-7-82.29 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into a pretrial diversion program, there shall be a written agreement
between the district attorney 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 district attorney will dispose of the charges against the offender in a noncriminal manner
or what charges the defendant will plead guilty to and the recommended sentence the offender
should receive. (b) As a condition of being admitted to the pretrial diversion program, the
district attorney may require the offender to agree to any of the following terms or conditions:
(1) Participate in an education setting, to include, but not be limited to, K-12, college,
job training, trade school, GED classes, or adult basic education courses. (2) If appropriate,
attempt to learn to read and write. (3) Financially support his or...
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12-25-32
for which an Alabama offender has been convicted under prior Alabama law or the law of any
other state, the District of Columbia, the United States, or any of the territories of the
United States. b. The basis for defining these offenses as violent is that each offense meets
at least one of the following criteria: 1. Has as an element, the use, attempted use, or threatened
use of a deadly weapon or dangerous instrument or physical force against the person of another.
2. Involves a substantial risk of physical injury against the person of another. 3.
Is a nonconsensual sex offense. 4. Is particularly reprehensible. c. Any attempt, conspiracy,
or solicitation to commit a violent offense shall be considered a violent offense for the
purposes of this article. d. Any criminal offense which meets the criteria provided in paragraph
b. enacted after 2003. (Act 2003-354, p. 948, §3; Act 2009-742, p. 2220, §1; Act 2012-473,
p. 1304, §1; Act 2014-346, p. 1289, §1(b)(3); Act 2015-185, §1.)...
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15-20A-17
Section 15-20A-17 Adult sex offender - Loitering in certain areas; requirements for entering
K-12 school property or attending K-12 school events. (a)(1) No adult sex offender, after
having been convicted of a sex offense involving a minor, shall loiter on or within 500 feet
of the property line of any property on which there is a school, childcare facility, playground,
park, athletic field or facility, school bus stop, college or university, or any other business
or facility having a principal purpose of caring for, educating, or entertaining minors. (2)
Under this subsection, loiter means to enter or remain on property while having no legitimate
purpose or, if a legitimate purpose exists, remaining on that property beyond the time necessary
to fulfill that purpose. An adult sex offender does not violate this subsection unless he
or she has first been asked to leave a prohibited location by a person authorized to exclude
the adult sex offender from the premises. An authorized person...
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