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13A-8-117
Section 13A-8-117 Forfeiture of certain computers, software, etc. (a) On conviction of a violation
of this article or any other violation of the criminal laws of Alabama, the court shall order
that any computer, computer system, computer network, instrument of communication, software
or data that was owned or used by the defendant with the owner's knowledge of the unlawful
act or where the owner had reason to know of the unlawful act, and that was used in the commission
of the offense be forfeited to the State of Alabama and sold, destroyed, or otherwise properly
disposed. If the defendant is a minor, it also includes the above listed property of the parent
or guardian of the defendant. The manner, method, and procedure for the forfeiture and condemnation
or forfeiture of such thing shall be the same as that provided by law for the confiscation
or condemnation or forfeiture of automobiles, conveyances, or vehicles in which alcoholic
beverages are illegally transported. If the computer,...
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11-45-9
Section 11-45-9 Penalties which may be imposed for violations of ordinances. (a) Municipal
ordinances may provide penalties of fines, imprisonment, hard labor, or one or more of such
penalties for violation of ordinances. (b) Except as otherwise provided in this section, no
fine shall exceed five hundred dollars ($500), and no sentence of imprisonment or hard labor
shall exceed six months. (c) In the enforcement of the penalties prescribed in Section 32-5A-191,
the fine shall not exceed five thousand dollars ($5,000) and the sentence of imprisonment
or hard labor shall not exceed one year. (d) Notwithstanding any other provision of law, the
maximum fine for every person either convicted for violating any of the following misdemeanor
offenses adopted as a municipal ordinance violation or adjudicated as a youthful offender
shall be one thousand dollars ($1,000): (1) Criminal mischief in the second degree, Section
13A-7-22. (2) Criminal mischief in the third degree, Section 13A-7-23. (3)...
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15-5-62
Section 15-5-62 Definitions. For the purposes of this article, the following words shall have
the following meanings: (1) FELONY OFFENSE. Any act that could be charged as a felony criminal
offense under the Code of Alabama 1975, whether or not a formal criminal prosecution or delinquent
proceeding began at the time the forfeiture was initiated. (2) FINANCIAL INSTITUTION. A bank,
credit union, or savings and loan association. (3) INNOCENT OWNER. A bona fide purchaser or
lienholder of property that is subject to forfeiture, including any of the following: a. A
person who has a valid claim, lien, or other interest in the property seized who did not know
or consent to the conduct that caused the property to be forfeited, seized, or abandoned under
subdivision (1) of Section 15-5-63. b. A person who did not participate in the commission
of a crime or delinquent act giving rise to the forfeiture. c. A victim of an alleged criminal
offense. (4) INSTITUTED PROMPTLY. The filing by the district...
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32-20-2
Section 32-20-2 Definitions. For purposes of this chapter, the following terms shall have the
meanings respectively ascribed to them in this section, except where the context clearly indicates
a different meaning: (1) DEALER. A person licensed by the Alabama Manufactured Housing Commission
as a manufactured home retailer and engaged regularly in the business of buying, selling,
or exchanging manufactured homes in this state, and having an established place of business.
(2) DEPARTMENT. The Department of Revenue of this state. (3) DESIGNATED AGENT. Each judge
of probate, commissioner of licenses, director of revenue, or other county official in this
state authorized and required by law to issue motor vehicle license tags, unless otherwise
provided by law, who may perform his or her duties under this chapter personally or through
his or her deputies, or such other persons located in this state, as the department may designate.
The term shall also mean those dealers as herein defined who...
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45-27A-30.09
Section 45-27A-30.09 Written agreement; other terms and conditions. (a) In any case in which
an offender is admitted into the program, there shall be a written agreement between the municipal
prosecutor and the offender. The agreement shall include the terms of the pretrial diversion
program, the length of the program, and the period of time after which the municipal prosecutor
shall proceed to dispose of the charges against the offender or what charges the offender
will plead guilty to and the recommended disposition of the matter. If, as a part of the pretrial
diversion program, the offender agrees to plead guilty to a particular offense and receive
a recommended sentence, this agreement concerning the offense and recommended sentence shall
be submitted to and shall be subject to the approval of the municipal judge prior to admission
of the offender into the pretrial diversion program. (b) As a condition to being admitted
into the pretrial diversion program, the municipal prosecutor...
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12-23A-5
Section 12-23A-5 Drug tests; screening; confidentiality of information; criteria for participation.
(a) Any drug offender subject to this chapter who posts bail shall submit to random observed
drug tests as a condition of pretrial release. (b) A drug offender shall be required to undergo
a screening under any of the following conditions: (1) The results of a drug test are positive.
(2) The drug offender requests a screening. (3) The drug offender admits to substance use
or abuse within the year preceding the arrest for the present charge. (4) The present charge
involves a violation of the controlled substances or impaired driving statutes. (5) The drug
offender, within the previous five years, has been convicted in any state or federal court
involving a violation described in subsection (b)(1), (b)(3), or (b)(4). (6) The drug offender
refuses to undergo a drug test as required by this chapter. (c) Notwithstanding the requirements
of subsection (a), the court shall order a drug offender...
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13A-8-90
Section 13A-8-90 Violations; penalties. (a) For purposes of this section, the following words
have the following meanings: (1) AUDIOVISUAL IMAGE. A series of related images which are intended
to impart an impression of motion when shown in succession by means of a machine or device.
(2) AUDIOVISUAL RECORDING FUNCTION. The capability of a device to record or transmit a motion
picture or any part thereof. (3) MOTION PICTURE THEATER. A movie theater, screening room,
or other venue that is being utilized primarily for the exhibition of a motion picture at
the time of the offense. (4) COMMERCIALLY DISTRIBUTE. To sell, lease, rent, or distribute
for pecuniary gain. (b) Any person who knowingly operates the audiovisual recording function
of any device in a motion picture theater for the purpose of recording a motion picture with
the intent to violate the property rights of the owner of the motion picture commits the crime
of unlawful operation of a recording device. For purposes of this...
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34-13-56
Section 34-13-56 Grounds for revocation, suspension, or refusal to issue or renew licenses,
etc.; hearing; fines. (a) The board may refuse to license any person or establishment for
violation of this chapter. If the board refuses to issue, grant, or renew a license based
on a violation of this chapter, including, but not limited to, violations listed in subsection
(c), the licensee or prospective licensee may request a public hearing before the board to
appeal the action of the board. The request for a public hearing shall be submitted to the
board in writing within 14 calendar days after the date of the refusal. Upon request, the
board shall provide the licensee or prospective licensee with 20 days' notice of the public
hearing by United States certified mail. The public hearing shall be conducted pursuant to
Section 34-13-26. (b) A public hearing conducted pursuant to Section 34-13-26 shall be provided
by the board to any licensee for whom the board is considering the probation,...
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45-27A-30.02
Section 45-27A-30.02 Applicants for admittance. (a) A person charged with a criminal offense
or violation as specified in this section within the jurisdiction of the municipal court may
apply with the municipal prosecutor for admittance into the pretrial diversion program. (b)
A person charged with any of the following may apply for admission into the program: (1) A
traffic offense, other than driving under the influence. (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.
(6) A violation classified under this code. (7) A violation or offense classified under the
Municipal Code of the City of Brewton. (c) The following offenses are ineligible for consideration
for the pretrial diversion program: (1) Any offense involving the...
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13A-8-34
Section 13A-8-34 Contesting identification or ownership of metal property. (a) If the secondary
metals recycler contests the identification or ownership of the metal property, the party
other than the secondary metals recycler claiming ownership of any metal property in the possession
of the secondary metals recycler may, provided that a timely report of the theft of the metal
property was made to the proper authorities, bring an action in the circuit court of the county
in which the secondary metals recycler is located. The petition for the action shall include
a description of the means of identification of the metal property utilized by the petitioner
to determine ownership of the metal property in the possession of the secondary metals recycler.
If the person who sold the metal property to the secondary metals recycler is convicted of
theft of property or criminal mischief related to the removal of the metal property, the court
shall order the defendant to make full restitution to...
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