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13A-8-152
Section 13A-8-152 Penalties. (a) Any person violating any of the provisions of this article
shall be guilty of a Class B misdemeanor. However, if the offense involves five or more unlawful
telecommunication devices, the person shall be guilty of a Class C felony. (b) The court shall,
in addition to any sentence authorized by law, sentence a person convicted of violating this
article to make restitution to any telecommunication service provider wishing restitution.
(c) A telecommunication service provider aggrieved by a violation of this article may, in
a civil action in any court of competent jurisdiction, obtain appropriate relief, including
preliminary and other equitable or declaratory relief, compensatory and punitive damages,
reasonable investigation expenses, costs of suit, and attorney fees as are provided by law.
(Acts 1996, No. 96-499, p. 630, ยง3.)...
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15-5-50
Section 15-5-50 Warrant for tracking device installation; requirements; procedures. (a) Any
circuit or district court judge in this state is authorized to issue a warrant to install
a tracking device. The term tracking device means an electronic or mechanical device which
permits the tracking of the movement of a person or object. (b) Upon the written application,
under oath, of any law enforcement officer as defined in Alabama Rule of Criminal Procedure
1.4, district attorney, or Attorney General of the state, including assistant and deputy district
attorneys and assistant and deputy attorneys general, any authorized judge may issue a warrant
for the installation, retrieval, maintenance, repair, use, or monitoring of a tracking device.
The warrant application shall do all of the following: (1) State facts sufficient to show
probable cause that a crime is being, has been, or is about to be committed in the jurisdiction
of the issuing judge. (2) Identify the person, if reasonably...
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45-24A-32.02
Section 45-24A-32.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CIRCUIT COURT or COUNTY CIRCUIT COURT. The Dallas County Circuit Court.
(2) CITY. The City of Selma, Alabama. (3) CIVIL PENALTY. The monetary amount assessed by the
city pursuant to this part for an adjudication of civil liability for a traffic signal violation,
including municipal court costs associated with the infraction. (4) CIVIL VIOLATION. There
is created a noncriminal category of state law called a civil violation created and existing
for the sole purpose of carrying out the terms of this part. The penalty for committing a
civil violation shall be the payment of a civil penalty, the enforceability of which shall
be accomplished through civil action. The prosecution of a civil violation created hereby
shall carry reduced evidentiary requirements and burden of proof as set out in Section 45-24A-32.05,
and in no event shall an adjudication of liability for a civil...
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45-37A-331.02
Section 45-37A-331.02 Definitions. As used in this part, the following terms shall have the
following meanings: (1) CITY. The City of Midfield, Alabama. (2) CIVIL FINE. The monetary
amount assessed by the city pursuant to this part for an adjudication of civil liability for
a traffic signal violation, including municipal court costs associated with the infraction.
(3) CIVIL VIOLATION. There is hereby created a noncriminal category of state law called a
civil violation created and existing for the sole purpose of carrying out the terms of this
part. The penalty for violation of a civil violation shall be the payment of a civil fine,
the enforceability of which shall be accomplished through civil action. The prosecution of
a civil violation created hereby shall carry reduced evidentiary requirements and burden of
proof as set out in Section 45-37A-331.05, and in no event shall an adjudication of liability
for a civil violation be punishable by a criminal fine or imprisonment. (4) COUNTY....
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8-12A-2
Section 8-12A-2 Assertion of patent infringement in bad faith. (a) A person may not assert
a claim of patent infringement in bad faith. (b) The Attorney General may investigate claims
of patent infringement alleged to have been made in bad faith and may do both of the following:
(1) Issue subpoenas to any person to appear and produce relevant papers, documents, and physical
evidence, and administer an oath or affirmation to any person, in aid of any investigation
or inquiry into possible violations of this chapter. Subpoenas shall be served in accordance
with the appropriate Alabama Rules of Civil Procedure. Upon failure of a person without lawful
excuse to obey a subpoena, the Attorney General may apply to a court of competent jurisdiction
for an order compelling compliance. After an action is commenced, discovery may proceed in
accordance with the Alabama Rules of Civil Procedure. (2) Initiate a civil action in the name
of the state, as necessary, to seek injunctive and any other...
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8-22-16
Section 8-22-16 Penalties. (a) Any person who violates this chapter shall be subject to a civil
penalty not to exceed ten thousand dollars ($10,000) per violation for each offense. Any such
person shall also be liable for attorney fees and shall be subject to injunctive relief. Each
day that a violation of this chapter occurs shall be considered as a separate violation. (b)
The penalty may be assessed and recovered in a civil action brought by the Attorney General,
or by any district attorney in any court of competent jurisdiction. If brought by a district
attorney, 30 percent of the penalty shall be paid to the office of the district attorney which
brought the action and 70 percent of the penalty shall be paid to the treasury of the county
in which the judgment was entered. If brought by the Attorney General, one-half of the penalty
shall be paid to the treasury of the county where the action was brought and one-half shall
be paid to the State Treasury. (Acts 1984, No. 84-260, p. 433,...
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41-9-590
Section 41-9-590 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates a different meaning:
(1) AJIC or COMMISSION. The Alabama Justice Information Commission. (2) ALEA. The Alabama
State Law Enforcement Agency. (3) CRIMINAL JUSTICE AGENCIES. Federal, state, local, and tribal
public agencies that perform substantial activities or planning for activities relating to
the identification, apprehension, prosecution, adjudication, or rehabilitation of civil, traffic,
and criminal offenders. (4) CRIMINAL JUSTICE INFORMATION. Data necessary for criminal justice
agencies to perform their duties and enforce existing law. This term includes biometric, identity
history, person, organization, property, when accompanied by any personally identifiable information,
case/incident history data, and any other data deemed criminal justice information by the
FBI CJIS Security Policy. The term also includes...
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9-16-95
Section 9-16-95 Citizens' actions; attorneys, etc., fees allowed as damages. (a) Except as
provided in subsection (b) of this section, any person having an interest which is or may
be adversely affected, (or any citizen of this state having knowledge that any of the provisions
of this article are willfully or deliberately not being enforced and who files a statement
with the regulatory authority in writing and under oath with facts set forth specifically
stating the nature of the failure to enforce the provisions of this article), may commence
a civil action on his own behalf to compel compliance with this article: (1) Against any other
governmental instrumentality or agency to the extent permitted by the Eleventh Amendment to
the Constitution of the United States which is alleged to be in violation of the provisions
of this article or of any rule, regulation, order or permit issued pursuant thereto, or against
any other person who is alleged to be in violation of any rule, regulation,...
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2-13-123
Section 2-13-123 Collection of assessment; enforcement. (a) In the event a majority of the
bulk tank units eligible for participation in such referendum and voting therein shall vote
in favor of such assessment, then the said assessment shall be collected monthly for the number
of years set forth in the call for such referendum, and the collection of such assessment
shall be under such method, rules and regulations as may be determined by the state ADA conducting
the same; and the said assessment so collected shall be paid into the treasury of the state
ADA to be used together with other funds from other sources. Funds to be collected pursuant
to a referendum conducted under this article shall be withheld and paid by each handler, including
producer handlers, to the state ADA by the last calendar day of the month succeeding the month
in which the milk was received by the handler. (b) In the event of a failure to pay part or
all of an assessment levied pursuant to this article, the...
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33-6-10
Section 33-6-10 Enforcement of chapter, rules, etc.; prosecutions under chapter; violations
and penalties. (a) This chapter and rules and orders adopted under this chapter shall be enforced
by the State Board of Health and the State Department of Conservation and Natural Resources
according to rules adopted by the board and department. (b) Any person may complain under
oath to a magistrate, district attorney, or grand jury concerning a violation of this chapter
or of a rule adopted under this chapter and if a warrant is issued by the magistrate or district
attorney, or indictment returned by a grand jury, the charge shall be tried in court to which
the warrant is returnable, and the warrant may be made returnable to a district court or to
the circuit court and the courts shall have original and concurrent jurisdiction of the offense,
or if an indictment is returned, the circuit court shall have jurisdiction of the offense.
Convicted persons may appeal as now provided by law. Whether...
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