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9-13-224
Section 9-13-224 Notice to creditors; institution of condemnation proceedings; legal title
to equipment. At least 60 days prior to the institution of condemnation proceedings as herein
provided, notice shall be given by the court to any creditor who is known to have a secured
interest, a judgment, lien or other interest in any vehicle or equipment seized pursuant to
this article. Such creditors may claim their property during said 60-day period. Thereafter,
the district attorney or other prosecuting officer of the judicial circuit upon receiving
such report shall at once institute, or cause to be instituted, condemnation proceedings in
the circuit court, in the same manner that he is directed by law to institute proceedings
for the condemnation and forfeiture of automobiles and other vehicles used in the illegal
transportation of alcoholic beverages. The legal title to any vehicle and other equipment
seized under this article shall be presumed to be vested with the person, firm, or...
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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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12-21-131
Section 12-21-131 Interpreters for persons defective in speech and/or hearing - Qualified interpreter
provided in certain criminal and juvenile proceedings; requirements; fees. (a) Deaf person
means any person either totally deaf, or who has defective hearing, or who has both defective
hearing and speech. (b) For the purpose of this section, the term qualified interpreter means
an interpreter certified by the National Registry of Interpreters for the Deaf, Alabama Registry
of Interpreters for the Deaf, or, in the event an interpreter so certified is not available,
an interpreter whose qualifications are otherwise determined. Efforts to obtain the services
of a qualified interpreter certified with a legal skills certificate or a comprehensive skills
certificate will be made prior to accepting services of an interpreter with lesser certification.
No qualified interpreter shall be appointed unless the appointing authority and the deaf person
make a preliminary determination that the...
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13A-6-191
Section 13A-6-191 Definitions. For purposes of this chapter, the following terms shall have
the following meanings: (1) CAREGIVER. An individual who has the responsibility for the care
of an elderly person as a result of family relationship or who has assumed the responsibility
for the care of the person voluntarily, for pecuniary gain, by contract, or as a result of
the ties of friendship. (2) DECEPTION. Deception occurs when a person knowingly: a. Creates
or confirms another's impression which is false and which the defendant does not believe to
be true. b. Fails to correct a false impression which the defendant previously has created
or confirmed. c. Fails to correct a false impression when the defendant is under a duty to
do so. d. Prevents another from acquiring information pertinent to the disposition of the
property involved. e. Sells or otherwise transfers or encumbers property, failing to disclose
a lien, adverse claim, or other legal impediment to the enjoyment of the...
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6-11-20
Section 6-11-20 Punitive damages not to be awarded other than where clear and convincing evidence
proven; definitions. (a) Punitive damages may not be awarded in any civil action, except civil
actions for wrongful death pursuant to Sections 6-5-391 and 6-5-410, other than in a tort
action where it is proven by clear and convincing evidence that the defendant consciously
or deliberately engaged in oppression, fraud, wantonness, or malice with regard to the plaintiff.
Nothing contained in this article is to be construed as creating any claim for punitive damages
which is not now present under the law of the State of Alabama. (b) As used in this article,
the following definitions shall apply: (1) FRAUD. An intentional misrepresentation, deceit,
or concealment of a material fact the concealing party had a duty to disclose, which was gross,
oppressive, or malicious and committed with the intention on the part of the defendant of
thereby depriving a person or entity of property or legal...
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12-16-150
Section 12-16-150 Challenges of jurors for cause - Grounds generally. It is good ground for
challenge of a juror by either party: (1) That the person has not been a resident householder
or freeholder of the county for the last preceding six months. (2) That he is not a citizen
of Alabama. (3) That he has been indicted within the last 12 months for felony or an offense
of the same character as that with which the defendant is charged. (4) That he is connected
by consanguinity within the ninth degree, or by affinity within the fifth degree, computed
according to the rules of the civil law, either with the defendant or with the prosecutor
or the person alleged to be injured. (5) That he has been convicted of a felony. (6) That
he has an interest in the conviction or acquittal of the defendant or has made any promise
or given any assurance that he will convict or acquit the defendant. (7) That he has a fixed
opinion as to the guilt or innocence of the defendant which would bias his...
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13A-6-158
Section 13A-6-158 Limitation period. (a)(1) Except as provided in subsection (c), an action
for an offense defined by this article where the victim is not a minor shall be brought within
five years from the date the victim was removed or escaped from the human trafficking situation.
(2) Any statute of limitations that would otherwise preclude prosecution for an offense involving
the trafficking of a minor, or the physical or sexual abuse of a minor, shall be tolled until
such time as the victim has reached the age of 19 years. (3) The running of the statute of
limitations shall be suspended where a person entitled to bring a claim of an offense defined
by this article could not have reasonably discovered the crime due to circumstances resulting
from the human trafficking situation, such as psychological trauma, cultural and linguistic
isolation, and the inability to access services. (b) Any statute of limitation period imposed
for the filing of a civil action under this article will...
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45-8-82.22
Section 45-8-82.22 Sale of abandoned, stolen, and unclaimed property. (a)(1) The District Attorney
of Calhoun County shall keep and maintain a permanent record of all abandoned or stolen personal
property recovered by the Calhoun County Drug Task Force. These records shall state the description
of the property, the date of recovery of the property, the serial or other identifying number
of the property, and the place of recovery of the property. The records shall be open to public
inspection at all reasonable times. (2) All abandoned or stolen property recovered by the
drug task force shall be stored in a suitable place to protect the property from deterioration.
(b) If the abandoned or stolen personal property is of a perishable nature and reasonable
attempts to locate and identify the owner of the property are not successful, the property
may be sold at once without notice. The district attorney shall attempt to obtain the best
possible price for the property. The proceeds of a sale...
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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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13A-12-200.8
Section 13A-12-200.8 Property subject to forfeiture for violation of this division; procedures;
hearing; forfeiture action; action for money judgment. (a) The following property is subject
to forfeiture: (1) All obscene material and material which is harmful to minors used, intended
to be used or obtained in violation of the provisions of this division; (2) All moneys, negotiable
instruments, and funds used, intended to be used, or obtained in any violation of the provisions
of this division; (3) All proceeds or receipts derived from property which is subject to forfeiture
pursuant to subdivisions (a)(1) and (a)(2) of this section. (b) Property taken or detained
under this section shall not be subject to replevin but is deemed to be in the custody of
the state, county or municipal law enforcement agency subject only to the orders and judgment
of the court having jurisdiction over the forfeiture proceedings. When property is seized
under this division, the state, county or municipal law...
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