45-28-82.22
Section 45-28-82.22 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant to Section 32-6-49.23. (b) An offender charged with
any of the following offenses is ineligible for consideration for the pretrial...
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45-39-82.02
Section 45-39-82.02 Applicants for admittance. (a) An offender charged with any of the following
criminal offenses in a circuit court or district court may apply to the district attorney
for admittance to the pretrial diversion program: (1) A drug offense, excluding trafficking
in controlled substances or cannabis as provided in Section 13A-12-231, or manufacturing of
controlled substances in the first degree as provided in Section 13A-12-218. (2) A property
offense. (3) A misdemeanor. (4) A traffic or conservation offense, except that a holder of
a commercial driver's license, an operator of a commercial motor vehicle, or a commercial
driver learner permit holder who is charged with a violation of a traffic law in this state
shall not be eligible for a deferred prosecution program, diversion program, or any deferred
imposition of judgment program pursuant Section 32-6-49.23. (b) An offender charged with any
of the following offenses is ineligible for consideration for the pretrial...
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45-23-82.02
Section 45-23-82.02 Applicants for admittance. (a) A person charged with a criminal offense
specified in this subsection whose jurisdiction is in the circuit or district court of the
Thirty-third Judicial Circuit may apply to the District Attorney of the Thirty-third Judicial
Circuit for admittance to the pretrial diversion program. (b) A person charged only with any
of the following offenses may apply for the program: (1) A traffic offense, other than driving
under the influence (DUI). (2) A property offense. (3) An offense wherein the victim did not
receive serious physical injury. (4) An offense in which the victim was not a child under
14 years of age, a law enforcement officer, a school official, or a correctional officer.
(5) A misdemeanor other than one specifically excluded in this section. (c) The following
offenses are ineligible for consideration for the pretrial diversion program: (1) Trafficking
or distribution of drugs, or both. (2) Any offense involving the abuse of a...
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15-20A-2
Section 15-20A-2 Legislative findings. The Legislature makes all of the following findings:
(1) Registration and notification laws are a vital concern as the number of sex offenders
continues to rise. The increasing numbers coupled with the danger of recidivism place society
at risk. Registration and notification laws strive to reduce these dangers by increasing public
safety and mandating the release of certain information to the public. This release of information
creates better awareness and informs the public of the presence of sex offenders in the community,
thereby enabling the public to take action to protect themselves. Registration and notification
laws aid in public awareness and not only protect the community but serve to deter sex offenders
from future crimes through frequent in-person registration. Frequent in-person registration
maintains constant contact between sex offenders and law enforcement, providing law enforcement
with priceless tools to aid them in their...
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15-20A-28
Section 15-20A-28 Juvenile sex offender - Lifetime registration and notification. (a) A juvenile
adjudicated delinquent of any of the following sex offenses, who was 14 or older at the time
of the offense, shall be subject to registration and notification, if applicable, for life:
(1) Rape in the first degree, as provided by Section 13A-6-61. (2) Sodomy in the first degree,
as provided by Section 13A-6-63. (3) Sexual abuse in the first degree, as provided by Section
13A-6-66. (4) Sexual torture, as provided by Section 13A-6-65.1. (5) Any offense committed
in any other jurisdiction which, if had been committed in this state under the current provisions
of law, would constitute an offense listed in subdivisions (1) to (4), inclusive. (6) Any
offense, committed in this state or any other jurisdiction, comparable to or more severe than
aggravated sexual abuse as described in 18 U.S.C. § 2241(a) or (b). (7) Any attempt or conspiracy
to commit any of the offenses listed in subdivisions (1)...
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32-6-49.24
Section 32-6-49.24 Disqualification of person convicted of crime requiring registration as
a sex offender. (a)(1) Effective July 10, 2010, except as otherwise provided by this subsection,
a person convicted of a crime that requires registration as a sex offender under Chapter 20A
of Title 15, formerly Article 2 of Chapter 20 of Title 15 is prohibited from driving a commercial
motor vehicle that requires a commercial driver license with a P or an S endorsement. (2)
If a person who is registered as a sex offender pursuant to Chapter 20A of Title 15, formerly
Article 2 of Chapter 20 of Title 15 on July 10, 2010, has a valid commercial driver license
with a P or an S endorsement that was issued on or before July 10, 2010, then the person is
not disqualified under this subsection until that license expires, provided the person does
not commit a subsequent offense that requires registration as a sex offender under Chapter
20A of Title 15, formerly Article 2 of Chapter 20 of Title 15. (b) The...
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13A-5-6
Section 13A-5-6 Sentences of imprisonment for felonies. (a) Sentences for felonies shall be
for a definite term of imprisonment, which imprisonment includes hard labor, within the following
limitations: (1) For a Class A felony, for life or not more than 99 years or less than 10
years. (2) For a Class B felony, not more than 20 years or less than 2 years. (3) For a Class
C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with
subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9 or the
offense is a sex offense pursuant to Section 15-20A-5. (4) For a Class D felony, not more
than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of
Section 15-18-8. (5) For a Class A felony in which a firearm or deadly weapon was used or
attempted to be used in the commission of the felony, or a Class A felony sex offense involving
a child as defined in Section 15-20A-4, not less than 20 years. (6) For a...
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15-20A-34
Section 15-20A-34 Juvenile sex offender - Relief from lifetime registration requirements. (a)
A juvenile sex offender subject to lifetime registration pursuant to Section 15-20A-28 may
file a petition requesting the sentencing juvenile court to enter an order relieving the juvenile
sex offender of the requirements pursuant to this chapter 25 years after the juvenile sex
offender is released from the custody of the Department of Youth Services or sentenced, if
the juvenile sex offender was placed on probation, for the sex offense requiring registration
pursuant to this chapter. (b) The petition shall be filed as follows: (1) If the juvenile
sex offender was adjudicated delinquent of a sex offense in this state, the petition shall
be filed in the juvenile court of the county in which the juvenile sex offender was adjudicated
delinquent. (2) If the juvenile sex offender was adjudicated delinquent of a sex offense in
a jurisdiction outside of this state, the petition shall be filed in the...
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15-3-5
Section 15-3-5 Offenses having no limitation. (a) There is no limitation of time within which
a prosecution must be commenced for any of the following offenses: (1) Any capital offense.
(2) Any felony involving the use, attempted use, or threat of, violence to a person. (3) Any
felony involving serious physical injury or death of a person. (4) Any sex offense pursuant
to Section 15-20A-5 involving a victim under 16 years of age, regardless of whether it involves
force, serious physical injury, or death. (5) Any felony involving arson of any type. (6)
Any felony involving forgery of any type. (7) Any felony involving counterfeiting. (8) Any
felony involving drug trafficking. (b) The amendments made by this act shall apply to both
of the following: (1) To all crimes committed after January 7, 1985. (2) To all crimes committed
before January 7, 1985, for which no statute of limitations provided under pre-existing law
has run as of January 7, 1985. (c) Nothing herein shall be construed to...
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13A-5-49
Section 13A-5-49 Aggravating circumstances. Aggravating circumstances shall be any of the following:
(1) The capital offense was committed by a person under sentence of imprisonment. (2) The
defendant was previously convicted of another capital offense or a felony involving the use
or threat of violence to the person. (3) The defendant knowingly created a great risk of death
to many persons. (4) The capital offense was committed while the defendant was engaged or
was an accomplice in the commission of, or an attempt to commit, or flight after committing,
or attempting to commit, rape, robbery, burglary, or kidnapping. (5) The capital offense was
committed for the purpose of avoiding or preventing a lawful arrest or effecting an escape
from custody. (6) The capital offense was committed for pecuniary gain. (7) The capital offense
was committed to disrupt or hinder the lawful exercise of any governmental function or the
enforcement of laws. (8) The capital offense was especially heinous,...
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