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6-5-156.1
Section 6-5-156.1 Evidence of general reputation of property. In an action brought under this
division, evidence of the general reputation of the property of the defendant shall be admissible
for the purpose of proving a drug-related nuisance, and for the purpose of proving the knowledge
of the defendant of the drug-related nuisance. (Acts 1996, No. 96-566, p. 849, §12.)...
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6-5-156.3
Section 6-5-156.3 Standard of proof; damages and other relief; jurisdiction and powers of court;
appointment of receiver; eviction of tenant. (a) The plaintiff is required by a preponderance
of the evidence to establish that a drug-related nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
in the drug related nuisance. (b) If the existence of a drug-related nuisance is found, the
judgment may include actual damages and an injunction to restrain, abate, and prevent the
continuance or recurrence of the drug-related nuisance. The court may grant declaratory relief,
mandatory orders, or any other relief deemed necessary to accomplish the purposes of the injunction
or order and enforce the judgment or order. (c) The court may retain jurisdiction of the case
for the purpose of enforcing its orders. (d) If the...
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6-5-149
Section 6-5-149 Precedence of action over other cases; evidence; dismissal of action; continuance;
costs; judgment. (a) The action, when commenced, shall have precedence over all other cases
except injunctions. (b) In such action, evidence of the general reputation of the place or
any admission or finding of guilt of any person under the original laws against prostitution,
lewdness, or assignation at any such place shall be admissible for the purpose of proving
the existence of said nuisance and shall be prima facie evidence of such nuisance, of knowledge
of and acquiescence and participation therein on the part of the person, or persons, charged
with maintaining such nuisance. (c) If the complaint is filed for the state by a citizen of
the county, it shall not be dismissed except upon a sworn statement of the plaintiff or his
personal representative or agent, and his attorney or of the officer filing the complaint,
setting forth the reasons why the action should be dismissed and the...
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6-5-156.4
Section 6-5-156.4 Violation of court order; additional orders necessary to abatement; suspension
or cancellation of order. (a) A violation of any court order issued pursuant to this division
is punishable as a contempt of court by a fine of not less than five hundred dollars ($500)
nor more than seventy-five thousand dollars ($75,000), or by imprisonment for not more than
one year, or both. Evidence concerning the duration and repetitive nature of the violations
shall be considered by the court in determining the penalty for contempt. (b) Upon finding
that a defendant has willfully violated an order issued pursuant to this division, the court
may issue any additional orders necessary to abate the drug-related nuisance or to carry out
the punishment for contempt. (c) The court may suspend the effectiveness of an order of abatement
for no more than 90 days if the owner of the property establishes that he or she had no knowledge
of the drug-related nuisance, and could not reasonably be...
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6-5-160.3
Section 6-5-160.3 Standards of proof; remedies; enforcement. (a) A plaintiff is required by
a preponderance of the evidence to establish that a nuisance exists. The plaintiff is required
by clear and convincing evidence to establish that the owner of the property who is not a
resident or in actual possession of the property was criminally culpable in aiding and abetting
the nuisance. (b) If the existence of a nuisance is found, the judgment may include actual
damages and an injunction to restrain, abate, and prevent the continuance or recurrence of
the nuisance. The court may grant declaratory relief, mandatory orders, or any other relief
deemed necessary to accomplish the purposes of the injunction or order and enforce the judgment
or order. (c) The court may retain jurisdiction of the case for the purpose of enforcing its
orders. (d) If a nuisance is found, the court shall have additional power to fashion any one
or more of the following remedies: (1) Assess damages against the...
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6-5-151
Section 6-5-151 Order of abatement; sale of property. (a) If the existence of the nuisance
is admitted or established in an action as provided in this division, or in a criminal proceeding
in the circuit court, an order of abatement shall be entered as a part of the judgment in
the case, which shall direct the removal from the place of all personal property and contents
used in conducting the nuisance not already released under authority of the court as provided
in Sections 6-5-143, 6-5-145 through 6-5-148, and 6-5-150 and shall direct the sale of such
thereof as belonged to the defendants notified or appearing in the manner provided for the
sale of chattels under execution. (b) Such order shall also require the renewal for one year
of any bond furnished by the owner of the real property as provided in Section 6-5-148 or,
if not so furnished, shall continue for one year any closing order issued at the time of granting
the preliminary injunction or, if no such closing order was then...
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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any
person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical
violates this article if the person: (1) Knowingly fails to comply with the reporting requirements
of this article; (2) Knowingly makes a false statement in a report or record required by this
article or the rules adopted thereunder; (3) Is required by this article to have a listed
precursor chemical license or permit, and is a person as defined by this article, and knowingly
or deliberately fails to obtain such a license or permit. An offense under this subsection
shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188,
a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another
or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical
or a product containing a precursor chemical or ephedrine or...
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15-22-1.1
Section 15-22-1.1 Interstate Compact for Adult Offender Supervision. Whereas: The Interstate
Compact for the Supervision of Parolees and Probationers was established in 1937, it is the
earliest corrections "compact" established among the states and has not been amended
since its adoption over 62 years ago; Whereas: This compact is the only vehicle for the controlled
movement of adult parolees and probationers across state lines, and it currently has jurisdiction
over more than a quarter of a million offenders; Whereas: The complexities of the compact
have become more difficult to administer, and many jurisdictions have expanded supervision
expectations to include currently unregulated practices such as victim input, victim notification
requirements, and sex offender registration; Whereas: After hearings, national surveys, and
a detailed study by a task force appointed by the National Institute of Corrections, the overwhelming
recommendation has been to amend the document to bring about...
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44-2-10
Section 44-2-10 Text of compact. The Interstate Compact for Juveniles is enacted into law and
entered into with all jurisdictions mutually adopting the compact in the form substantially
as follows: THE INTERSTATE COMPACT FOR JUVENILES Article I. Purpose. The compacting states
to this interstate compact recognize that each state is responsible for the proper supervision
or return of juveniles, delinquents and status offenders who are on probation or parole and
who have absconded, escaped or run away from supervision and control and in so doing have
endangered their own safety and the safety of others. The compacting states also recognize
that each state is responsible for the safe return of juveniles who have run away from home
and in doing so have left their state of residence. The compacting states also recognize that
Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and
encouraged compacts for cooperative efforts and mutual assistance in the...
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6-5-155.2
Section 6-5-155.2 Who may file action to abate, enjoin, and prevent drug-related nuisance;
commencement of action. Wherever there is reason to believe that a drug-related nuisance exists,
the Attorney General, district attorney, the attorney for the county or municipality, a person
residing in the county in which the property is located including a tenant of the property,
or any community-based organization, may file an action in the circuit courts of this state
to abate, enjoin, and prevent the drug-related nuisance. The actions shall be commenced by
the filing of a complaint in circuit court of the county in which the nuisance is situated
alleging the facts constituting the drug-related nuisance. (Acts 1996, No. 96-566, p. 849,
§3.)...
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