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15-18-142
Section 15-18-142 Definitions. Unless the context clearly requires otherwise or unless different
meanings are expressly specified in subsequent provisions of this article, wherever used in
this article, in the singular or plural case, the following terms shall mean: (1) PERSON.
a. A human being. b. A public or private corporation, an unincorporated association, a partnership,
or other entity established by law. c. A government or governmental instrumentality, including,
but not limited to the State of Alabama or any political subdivision thereof. (2) RESTITUTION.
An amount of money ordered by a court to be paid to a clerk or other person by a defendant
for the use and benefit of a victim of the defendant's criminal offense. (3) DEFENDANT. A
person, as defined, who has been ordered by a court to pay restitution. (4) CRIMINAL OFFENSE.
Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine
is provided by any law of this state or by any law, local law,...
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15-18-143
Section 15-18-143 Employment income withholding order - Generally. (a)(1) Any provision of
Section 8-5-21, or any other law of this state to the contrary, notwithstanding, and in addition
to any other remedy which is or may be hereafter provided by law for the enforcement or collection
of a restitution order, any original decree, judgment or order issued by any court for the
payment of restitution may, on motion of the victim, district attorney, probation or parole
officer, or the court, include an order directing any employer of the defendant to withhold
and pay over to the clerk of the court, out of the employment income due or to become due
the defendant at each pay period, an amount ordered to be paid as restitution. (2) Such order
shall recite the amount of the restitution obligation and shall require the employer to withhold
a definite amount from such income due or becoming due at each pay period and pay such amount
to the clerk of the court. Provided, if the restitution is...
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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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15-18-144
Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld
or attached. (a) Any provision of any law of this state to the contrary notwithstanding and
in addition to any other remedy which is or may be hereafter provided by law for the enforcement
or collection of a restitution order, any decree, judgment, or order requiring the payment
of restitution may include, upon motion of the victim, district attorney, the Attorney General,
or the court, an order requiring that any asset or other income or any portion thereof to
which a defendant is or may be entitled be withheld or attached, and such order may also require
any person in real or constructive possession, custody, or control thereof to pay over, deliver,
convey, transfer, or assign the same to the clerk of the court for disbursement, transfer,
or assignment to the victim in accordance with the defendant's restitution obligation. If
the prison authority reasonably believes that the defendant's...
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32-5A-191
Section 32-5A-191 (Effective until July 1, 2023) Driving while under influence of alcohol,
controlled substances, etc. (a) A person shall not drive or be in actual physical control
of any vehicle while: (1) There is 0.08 percent or more by weight of alcohol in his or her
blood; (2) Under the influence of alcohol; (3) Under the influence of a controlled substance
to a degree which renders him or her incapable of safely driving; (4) Under the combined influence
of alcohol and a controlled substance to a degree which renders him or her incapable of safely
driving; or (5) Under the influence of any substance which impairs the mental or physical
faculties of such person to a degree which renders him or her incapable of safely driving.
(b) A person who is under the age of 21 years shall not drive or be in actual physical control
of any vehicle if there is 0.02 percent or more by weight of alcohol in his or her blood.
The Alabama State Law Enforcement Agency shall suspend or revoke the...
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32-5A-191.4
Section 32-5A-191.4 Ignition interlock devices. (a) As used in Section 32-5A-191, the term,
"ignition interlock device" means a constant monitoring device that prevents a motor
vehicle from being started at any time without first determining the equivalent blood alcohol
level of the operator through the taking of a breath sample for testing. The system shall
be calibrated so that the motor vehicle may not be started if the blood alcohol level of the
operator, as measured by the test, reaches a blood alcohol concentration level of 0.02. (b)
The ignition interlock device shall be installed, calibrated, and monitored directly by trained
technicians who shall train the offender for whom the device is being installed in the proper
use of the device. The use of a mail in or remote calibration system where the technician
is not in the immediate proximity of the vehicle being calibrated is prohibited. The Department
of Forensic Sciences shall promulgate rules for punishment and appeal for...
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15-8-150
Section 15-8-150 Contents; sufficiency; use of analogous forms. The forms of indictment set
forth in this section in all cases in which they are applicable, are sufficient, and analogous
forms may be used in other cases. (1) CAPTION, COMMENCEMENT AND CONCLUSION GENERALLY. The
State of Alabama,) Circuit court, ___ session, ___) 20___ The grand jury of said county charge
that, before the finding of this indictment, etc. (describing the offense as in the following
forms), against the peace and dignity of the State of Alabama. E.F.J.,District Attorney of
the ______ circuit. (2) ADVERTISING, ETC., UNREGISTERED SECURITIES. A. B. did, contrary to
law, and subsequent to the ____ day of ____, 20__, advertise (or otherwise describing the
unlawful act) in this state for the purpose of inducing or securing subscriptions to or sales
of the capital stock of the X. Y. company (or otherwise describing the security so advertised),
which said stock (or other security) had not then...
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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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45-18-81.27
Section 45-18-81.27 Costs and fees. (a) An applicant may be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this subpart may be waived or reduced for just cause at the discretion of the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses: up to seven hundred fifty dollars ($750).
(2) Misdemeanor offenses (excluding traffic): up to five hundred dollars ($500). (3) Traffic
offenses: up to three hundred dollars ($300) (c) Twenty-five dollars ($25)...
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45-4-83.07
Section 45-4-83.07 Costs and fees. (a) An applicant may be assessed a fee when the applicant
is approved for the program. The amount of the assessment for participation in the program
shall be in addition to any court costs and assessments for victims or drug, alcohol, or anger
management treatment required by law, and are in addition to costs of supervision, treatment,
and restitution for which the person may be responsible. Pretrial diversion program fees as
established by this part may be waived or reduced for just cause at the discretion of the
district attorney. A schedule of payments for any of these fees may be established by the
district attorney. (b) The following fees shall be applied to applicants accepted into the
pretrial diversion program: (1) Felony offenses: Up to seven hundred fifty dollars ($750).
(2) Misdemeanor offenses (excluding traffic): Up to five hundred dollars ($500). (3) Traffic
offenses: Up to three hundred dollars ($300). (c) Twenty-five dollars ($25) of...
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