Code of Alabama

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12-25-2
Section 12-25-2 Purpose. (a) The purposes of the commission shall be to review existing sentence
structure, including laws, policies, and practices, and to determine and recommend to the
Legislature and Supreme Court changes regarding the criminal code, criminal procedures, and
other aspects of sentencing policies and practices appropriate for the state which: (1) Secure
the public safety of the state by providing a swift and sure response to the commission of
crime. (2) Establish an effective, fair, and efficient sentencing system for Alabama adult
and juvenile criminal offenders which provides certainty in sentencing, maintains judicial
discretion and sufficient flexibility to permit individualized sentencing as warranted by
mitigating or aggravating factors, and avoids unwarranted sentencing disparities among defendants
with like criminal records who have been found guilty of similar criminal conduct. Where there
is disparity, it should be rational and not related, for example, to...
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38-13-2
Section 38-13-2 Definitions. When used in this chapter, the following words shall have the
following meanings: (1) ADULT. An individual 19 years of age and older. (2) ADULT CARE FACILITY.
A person or entity holding a Department of Human Resources license or approval or certification
to provide care, including foster care, for adults. (3) APPLICANT. A person or entity who
submits an application for license as a child care or adult care facility to the Department
of Human Resources or a child placing agency, or an application for employment or for a volunteer
position to a Department of Human Resources licensed child care or adult care facility. With
regard to child care and adult care facilities in a home setting, the term includes an adult
household member whose residence is in the home. The term also includes an individual who
submits an application for a volunteer position or for employment with the Department of Human
Resources in a position in which the person has unsupervised...
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41-13-7
Section 41-13-7 Identifying information of state employees on records available for public
inspection. (a) As used in this section, the following terms shall have the following meanings:
(1) EMPLOYEE. Any person who is regularly employed by the state and who is subject to the
provisions of the state Merit System or any person who is regularly employed by a criminal
justice agency or entity or by a law enforcement agency within the state or any honorably
retired employee thereof, to include, but not be limited to, the following: A judge of any
position, including a judge of a municipal court; a district attorney; a deputy district attorney;
an assistant district attorney; an investigator employed by a district attorney; an attorney,
investigator, or special agent of the Office of the Attorney General; a sheriff; a deputy
sheriff; a jailor; or a law enforcement officer of a county, municipality, the state, or special
district, provided the law enforcement officer is certified by the...
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13A-8-31.2
Section 13A-8-31.2 Registration and reporting requirements. (a) All secondary metals recyclers
subject to this article shall register with the Alabama Criminal Justice Information Center
(ACJIC) by August 31, 2012, and shall pay an annual registration fee of two hundred fifty
dollars ($250) to ACJIC. In the event the electronic reporting system is not fully implemented
by August 1, 2012, the record maintenance and reporting requirements of the current law shall
remain in full force and effect until such time as the ACJIC electronic reporting system is
fully implemented. The registration shall include the name of the business, address of the
business, telephone number, and the name of the owner or owners of the business. (b)(1) Prior
to January 1, 2013, secondary metals recyclers shall continue to abide by any reporting requirements
currently in effect and followed by the recyclers. (2) Effective January 1, 2013, secondary
metals recyclers shall enter the information required by...
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41-9-652
Section 41-9-652 National Child Protection Act of 1993 approved and ratified; execution and
administration of compact. (a) The Legislature approves and ratifies the National Child Protection
Act of 1993, 42 U.S.C. §5119-5119(c), as amended, in order to facilitate the authorized interstate
exchange of criminal history information for noncriminal justice purposes, including, but
not limited to, background checks for the licensing and screening of employees and volunteers.
The secretary shall execute the compact on behalf of the state. The secretary may delay the
initial execution of the compact until funding is secured to establish the procedures and
hire the necessary staff or contract for services to fulfill the requirements and responsibilities
of this compact. (b) ALEA is the repository of criminal history records for purposes of the
compact and shall do all things necessary or incidental to carry out the compact. (c) The
secretary, or the secretary's designee, is the compact...
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16-22A-3
Section 16-22A-3 Definitions. When used in this chapter only, the following terms shall have
the following meanings, respectively, unless the context clearly indicates otherwise: (1)
APPLICANT. A certified or noncertified individual who submits an application for employment
to a local employing board or any nonpublic school, to act in any capacity in which the individual
will have unsupervised access to children in an educational environment. (2) APPLICANT FOR
CERTIFICATION. An individual who submits an application for certification issued by the State
Superintendent of Education. (3) AUTHORIZED EMPLOYER. Any educational entity authorized to
obtain criminal history background information, including the State Department of Education,
local employing boards, and nonpublic schools which are responsible for hiring employees or
contracting with private employers to provide personnel who have unsupervised access to children
in an educational setting. (4) CERTIFIED APPLICANT FOR EMPLOYMENT. A...
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41-9-649
Section 41-9-649 Implementation of National Instant Criminal Background Check System; rules
and policies. All transfers or purchases of firearms conducted by a licensed importer, licensed
manufacturer, or licensed dealer shall be subject to the National Instant Criminal Background
Check System (NICS) created by the federal "Brady Handgun Violence Prevention Act"
(P.L. No. 103-159), the relevant portion of which is codified at 18 U.S.C. §922 (t). To the
extent possible, all information from any state or local government agency that is necessary
to complete an NICS check shall be provided to ALEA. The commission shall adopt rules and
policies necessary to implement a complete NICS check. The commission shall also ensure that
all information received shall be used solely for the purposes of compliance with NICS and
every effort is made to protect the privacy of this information. Prior to the adoption of
rules pursuant to this section, all proposed rules shall go through the privacy and...
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45-45-232.02
Section 45-45-232.02 Forfeiture of weapons. (a) Any device which is used as a weapon in the
commission of a crime against any person or any device which is used as a weapon in any attempt
to commit any crime against any person, and any weapon or device possessed during any violation
of the laws concerning controlled substances, and any weapon or device found on or about the
person of any juvenile regardless of whether or not they are charged or convicted of a crime,
and any weapon for which a person has been convicted of the crime of carrying a concealed
weapon, and any weapon or device which is found on or about the person of any person who is
prohibited by law from carrying or possessing the device or weapon, and any device or weapon
which is abandoned or otherwise found and the lawful owner cannot be located is hereby declared
to be contraband, forfeited, and becomes property of the State of Alabama; provided, however,
that a motor vehicle shall not be deemed to be a device or...
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15-20A-42
Section 15-20A-42 Collection and dissemination of information by Alabama State Law Enforcement
Agency. (a) Any jurisdiction or agency responsible for registering a sex offender shall immediately
forward all required registration information and any changes to the required registration
information received to the Alabama State Law Enforcement Agency in a manner determined by
the Secretary of the Alabama State Law Enforcement Agency and promulgated in rule by the secretary
upon recommendation of an advisory board consisting of representatives of the office of the
Attorney General, District Attorneys Association, Chiefs of Police Association, Sheriffs Association,
and the Alabama State Law Enforcement Agency. The advisory board members shall not receive
any compensation or reimbursement for serving on the advisory board. (b) Upon notification
or discovery of the death of a sex offender, the registering agency shall immediately notify
the Alabama State Law Enforcement Agency. (c) The...
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12-23A-9
Section 12-23A-9 Functions of Administrative Office of Courts. (a) The Administrative Office
of Courts, hereinafter AOC, shall assist in the planning, implementation, and development
of drug courts statewide. AOC shall make recommendations to the Alabama Supreme Court and
the Chief Justice concerning the legal, policy, and procedural issues confronting the drug
courts in the state. Nothing in this section shall impede the constitutional authority of
the district attorney. (b) AOC shall provide state-level coordination and support for drug
court judges and their programs and operate as a liaison between drug court judges and other
state-level agencies providing services to or benefitting from drug court programs. (c) The
Administrative Director of Courts shall make recommendations to the Chief Justice of the Alabama
Supreme Court concerning criteria for eligibility, the promulgation of procedural rules, the
establishment of guidelines for operation, and adoption of standards and...
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