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12-15-203
Section 12-15-203 Transfer of cases from juvenile court. (a) A prosecutor, before a hearing
on a delinquency petition on its merits and after notifying, verbally or in writing, the juvenile
probation officer, may file a motion requesting the juvenile court judge to transfer a child
for criminal prosecution to the circuit or district court, if the child was 14 or more years
of age at the time of the conduct charged and is alleged to have committed an act which would
constitute a criminal offense as defined by this code if committed by an adult. (b) The juvenile
court judge shall conduct a hearing on all motions for the purpose of determining whether
it is in the best interests of the child or the public to grant the motion. Only if there
are no reasonable grounds to believe the child is committable to an institution, department,
or agency for individuals with an intellectual disability or mental illness, may the juvenile
court judge order the case transferred for criminal prosecution....
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-203.htm - 5K - Match Info - Similar pages
13A-5-53.1
Section 13A-5-53.1 Appeals of capital punishment. (a) Rule 32.2(c) of the Alabama Rules of
Criminal Procedure shall not apply to cases in which a criminal defendant is convicted of
capital murder and sentenced to death, and files a petition for post-conviction relief under
the grounds specified in Rule 32.1(a), (e), or (f) of the Alabama Rules of Criminal Procedure.
(b) Post-conviction remedies sought pursuant to Rule 32 of the Alabama Rules of Criminal Procedure
in death penalty cases shall be pursued concurrently and simultaneously with the direct appeal
of a case in which the death penalty was imposed. In all cases where the defendant is deemed
indigent or as the trial judge deems appropriate, the trial court, within 30 days of the entry
of the order pronouncing the defendant's death sentence, shall appoint the defendant a separate
counsel for the purposes of post-conviction relief under this section. Appointed counsel shall
be compensated pursuant to Chapter 12 of Title 15;...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/13A-5-53.1.htm - 5K - Match Info - Similar pages
30-3C-8
Section 30-3C-8 Emergency measures to prevent abduction. (a) In response to a petition filed
under this chapter, before a hearing on the matter, the court may enter an ex parte order
for emergency measures to prevent abduction, including an ex parte warrant to take physical
custody of the child, or an order for any other emergency relief as necessary to prevent abduction
of a child, including imposing travel restrictions with the child, on the petitioner or the
respondent or on both the petitioner and the respondent. (b) An ex parte order for relief
under this chapter shall include: (1) the basis for the court's exercise of jurisdiction;
(2) the manner in which notice and opportunity to be heard were given to the persons entitled
to notice of the proceeding, including a finding by the court of compliance with Rule 65 of
the Alabama Rules of Civil Procedure, if applicable; (3) a detailed description of each party's
custody and visitation rights and residential arrangements for the child...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-8.htm - 3K - Match Info - Similar pages
12-15-136
Section 12-15-136 Proceedings for sealing legal and social files and records of courts, pertaining
to certain persons and effect thereof. (a) On motion of a person who has been the subject
of a delinquency or child in need of supervision petition , the juvenile court may order the
sealing of the legal and social files and records of the juvenile court pertaining to the
person if it finds that: (1) Two years have elapsed since the final discharge of the person
from legal custody or supervision or two years after the entry of any other order of the juvenile
court not involving custody or supervision; and (2) The person has not been convicted or adjudicated
delinquent or a youthful offender of any felony or a misdemeanor involving sexual offenses,
drugs, weapons, or violence, or threats of violence, prior to the filing of the motion and
no proceeding is pending seeking the conviction or adjudication. (b) The motion and the order
may include the records, reports, or information specified...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-15-136.htm - 2K - Match Info - Similar pages
12-26-8
Section 12-26-8 Fees; indigency. (a) In addition to any court costs or docket fees for filing
a petition in circuit court, the petitioner shall pay an administrative filing fee of one
hundred dollars ($100) at the time of filing a petition to obtain an order of limited relief.
The administrative filing fee may not be waived by the court. (b) Notwithstanding subsection
(a), a petitioner may apply for indigent status by completing an Affidavit of Substantial
Hardship and submitting the affidavit when filing the petition. If the court finds the petitioner
is indigent, the court may establish a payment plan for the petitioner to satisfy the administrative
filing fee over a period of time. (c) All administrative filing fees shall be allocated to
the State Judicial Administration Fund administered by the Administrative Office of Courts.
(Act 2019-464, ยง8.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/12-26-8.htm - 1K - Match Info - Similar pages
15-19-7
Section 15-19-7 Effect of determination; access to records of youthful offender. (a) No determination
made under the provisions of this chapter shall disqualify any youth for public office or
public employment, operate as a forfeiture of any right or privilege or make him ineligible
to receive any license granted by public authority, and such determination shall not be deemed
a conviction of crime; provided, however, that if he is subsequently convicted of crime, the
prior adjudication as youthful offender shall be considered. (b) The fingerprints and photographs
and other records of a person adjudged a youthful offender shall not be open to public inspection
unless the person adjudged a youthful offender is treated as an adult sex offender according
to Section 15-20A-35; provided, however, that the court may, in its discretion, permit the
inspection of papers or records. (c) Prosecutors representing the State of Alabama shall have
access to fingerprints, photographs, and other records...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/15-19-7.htm - 1K - Match Info - Similar pages
22-9A-10
Section 22-9A-10 Judicial procedure to establish facts of birth. (a) If a delayed certificate
of birth is rejected under Section 22-9A-9, a petition signed and sworn to by the petitioner
may be filed with a circuit court of any county in this state in which he or she resides or
was born, for an order establishing a birth record. (b) The petition shall allege each of
the following: (1) The person for whom a delayed certificate of birth is sought was born in
this state. (2) No certificate of birth can be found in the Office of Vital Statistics. (3)
Diligent efforts by the petitioner have failed to obtain the evidence required in accordance
with Section 22-9A-9. (4) The State Registrar has refused to register a delayed certificate
of birth. (5) Other allegations as may be required. (c) The petition shall be accompanied
by a statement of the State Registrar made in accordance with Section 22-9A-9 and all documentary
evidence which was submitted to the State Registrar in support of the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-9A-10.htm - 2K - Match Info - Similar pages
30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/30-3C-9.htm - 6K - Match Info - Similar pages
41-9-623
Section 41-9-623 Submission of data to Alabama State Law Enforcement Agency. (a) All criminal
justice agencies within the state shall submit to ALEA fingerprints, descriptions, photographs,
and other identifying data on the following persons: (1) Persons who have been lawfully arrested
in this state for an offense. (2) Persons who have been charged with an act of delinquency
or adjudicated a youthful offender for conduct which would constitute an offense if committed
by an adult. (b) All chiefs of police, sheriffs, prosecuting attorneys, parole and probation
officers, wardens, or other persons in charge of correctional or detention institutions in
this state shall furnish ALEA with any other data deemed necessary by the commission to carry
out its responsibilities under this article. (c) The Administrative Director of Courts or
the chief administrative officer of any other entity charged with the compilation of information
and statistics pertaining to the disposition of criminal,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-9-623.htm - 1K - Match Info - Similar pages
13A-12-290
Section 13A-12-290 License suspended for six months; crediting of time. In addition to any
other penalty provided by law, the Alabama State Law Enforcement Agency shall suspend for
a period of six months the driver's license of any person, including, but not limited to,
a juvenile, child, or youthful offender, convicted or adjudicated of, or subjected to a finding
of delinquency based on, the crimes specified in Section 13A-12-291. If, at the time of conviction,
adjudication, or finding of delinquency, the individual did not have a driver's license or
the driver's license had been suspended or revoked, there shall be a delay in the issuance
or reinstatement of the driver's license for six months after the individual applies for issuance
or reinstatement. If the individual is ordered by a court to enter as a resident of an in-patient
drug or alcohol rehabilitation facility, the suspension required by this section shall be
effective immediately. If the individual voluntarily enters an...
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