26-17-621
Section 26-17-621 Admissibility of results of genetic testing; expenses. (a) Except as otherwise
provided in subsection (c), a record of a genetic-testing expert is admissible as evidence
of the truth of the facts asserted in the report unless a party objects in writing to its
admission within 14 days after its receipt by the objecting party and cites specific grounds
for exclusion. The admissibility of the report is not affected by whether the testing was
performed: (1) voluntarily or pursuant to an order of the court or the Alabama Department
of Human Resources; or (2) before or after the commencement of the proceeding. (b) A party
objecting to the results of genetic testing may call one or more genetic-testing experts to
testify in person or by another method approved by the court. Unless otherwise ordered by
the court, the party offering the testimony bears the expense for the expert testifying. (c)
Copies of bills for prenatal and postnatal health care for the mother and child...
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26-17-636
Section 26-17-636 Order adjudicating parentage; limitation on liability for education and support;
cost, fees, and expenses. (a) The court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child. (b) An order adjudicating parentage
must identify the child by name and date of birth, if known. (c) Except as otherwise provided
in subsection (d), the court may assess filing fees, reasonable attorney's fees, fees for
genetic testing, other costs, and necessary travel and other reasonable expenses incurred
in a proceeding under this article, subject to the following rules: (1) Parties to proceedings
under this chapter should pay the fees and expenses of retained counsel, expert witnesses,
guardians ad litem, the costs of appropriate tests and other costs of the trial as they may,
themselves, incur. The court may order reasonable fees for attorneys, expert witnesses, guardian
ad litem fees, costs of appropriate tests and other costs of...
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34-24-360
Section 34-24-360 Restrictions, etc., on license; grounds. The Medical Licensure Commission
shall have the power and duty to suspend, revoke, or restrict any license to practice medicine
or osteopathy in the State of Alabama or place on probation or fine any licensee whenever
the licensee shall be found guilty on the basis of substantial evidence of any of the following
acts or offenses: (1) Fraud in applying for or procuring a certificate of qualification to
practice medicine or osteopathy or a license to practice medicine or osteopathy in the State
of Alabama. (2) Unprofessional conduct as defined herein or in the rules and regulations promulgated
by the commission. (3) Practicing medicine or osteopathy in such a manner as to endanger the
health of the patients of the practitioner. (4) Conviction of a felony; a copy of the record
of conviction, certified to by the clerk of the court entering the conviction, shall be conclusive
evidence. (5) Conviction of any crime or offense which...
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26-17-631
Section 26-17-631 Rules for adjudication of paternity. The court shall apply the following
rules to adjudicate the paternity of a child: (1) The paternity of a child having a presumed,
acknowledged, or adjudicated father may be disproved only by admissible results of genetic
testing excluding that man as the father of the child or identifying another man as the father
of the child. (2) Unless the results of genetic testing are admitted to rebut other results
of genetic testing, a man identified as the father of a child under Section 26-17-505 must
be adjudicated the father of the child. (3) If the court finds that genetic testing under
Section 26-17-505 neither identifies nor excludes a man as the father of a child, the results
of genetic testing, and other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to rebut other results of genetic testing,
a man excluded as the father of a child by genetic testing must be...
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36-18-30
Section 36-18-30 Admissibility of evidence relating to use of genetic markers. Expert testimony
or evidence relating to the use of genetic markers contained in or derived from DNA for identification
purposes shall be admissible and accepted as evidence in all cases arising in all courts of
this state, provided, however, the trial court shall be satisfied that the expert testimony
or evidence meets the criteria for admissibility as set forth by the United States Supreme
Court in Daubert, et. ux., et. al., v. Merrell Dow Pharmaceuticals, Inc., decided on June
28, 1993. (Acts 1994, 1st Ex. Sess., No. 94-804, p. 109, §11.)...
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26-17-505
Section 26-17-505 Genetic testing results; rebuttal. (a) Under this chapter, a man is rebuttably
identified as the father of a child if the genetic testing complies with this article and
the results disclose that: (1) the man has at least a 99 percent probability of paternity,
using a prior probability of 0.50, as calculated by using the combined paternity index obtained
in the testing; and (2) a combined paternity index of at least 100 to 1. (b) A man identified
under subsection (a) as the father of the child may rebut the genetic testing results only
by other genetic testing satisfying the requirements of this article which: (1) excludes the
man as a genetic father of the child; or (2) identifies another man as the possible father
of the child. (c) Except as otherwise provided in Section 26-17-510, if more than one man
is identified by genetic testing as the possible father of the child, the court or the Alabama
Department of Human Resources pursuant to Section 30-3-197 shall order...
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26-17-502
Section 26-17-502 Order for testing. (a) Except as otherwise provided in this article and Article
6, the court shall order the child and other designated individuals to submit to genetic testing
if the request for testing is made by a party to the proceeding, the Alabama Department of
Human Resources, or the representative of the child. (b) The Alabama Department of Human Resources
may order genetic testing only in accordance with Section 30-3-197(a)(1). (c) If a request
for genetic testing of a child is made before birth, the court or the Alabama Department of
Human Resources may not order in-utero testing. (d) If two or more men are subject to court-ordered
genetic testing, the testing may be ordered concurrently or sequentially. (Act 2008-376, p.
666, §2.)...
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36-18-20
Section 36-18-20 Declaration of purpose. The Legislature hereby finds, determines and declares:
(a) That the tragic incidence of violent crime in our society is growing at an alarming rate,
and that these offenses often times are committed by repeat or habitual offenders against
our most innocent and defenseless citizens. (b) That there is a critical and urgent need to
provide law enforcement officers and agencies with the latest scientific technology available
for the purpose of identifying, apprehending, arresting, and convicting those violent offenders.
(c) That DNA testing, profiling, and analysis allows a more certain and rapid identification
of such offenders as well as the exoneration of those wrongfully suspected or accused. (d)
That genetic identification technology through DNA testing is generally accepted by the relevant
scientific community. (e) That the procedures and techniques employing the underlying theory
of DNA identification is capable of producing reliable results...
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31-2A-50
Section 31-2A-50 (Article 50.) Admissibility of records of courts of inquiry. (a) In any case
not extending to the dismissal of a commissioned officer, the sworn testimony, contained in
the duly authenticated record of proceedings of a court of inquiry, of a person whose oral
testimony cannot be obtained, if otherwise admissible under the rules of evidence, may be
read in evidence by any party before a court-martial if the accused was a party before the
court of inquiry and if the same issue was involved or if the accused consents to the introduction
of such evidence. (b) Such testimony may be read in evidence only by the defense in cases
extending to the dismissal of a commissioned officer. (c) Such testimony may also be read
in evidence before a court of inquiry. (Act 2012-334, p. 790, §1.)...
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26-17A-1
Section 26-17A-1 Reopening of paternity case. (a) Upon petition of the defendant in a paternity
proceeding where the defendant has been declared the legal father, the case shall be reopened
if there is scientific evidence presented by the defendant that he is not the father. The
court shall admit into evidence any scientific test recognized by the court that has been
conducted in accordance with established scientific principles or the court may order a blood
test, or a Deoxyribose Nucleic Acid test of the mother, father, and child. Whenever the court
orders a test and any of the persons to be tested refuse to submit to the test, the fact shall
be disclosed at the trial, unless good cause is shown. (b) The test shall be made by a qualified
expert approved by the court. The expert may be called by the court or any party as a witness
to testify to the test results and shall be subject to cross-examination by the parties. The
test results may be admitted into evidence. If more than one...
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