15-5-61
Section 15-5-61 Seizure and forfeiture of proceeds, property, etc., acquired through the commission of certain criminal offenses. (a) Any property, proceeds, or instrumentality of every kind, used or intended for use in the course of, derived from, or realized through the commission of a felony offense, as defined in this article, or a misdemeanor offense under Article 3, Chapter 12, Title 13A, relating to prostitution offenses, or as inducement or attempt or conspiracy to commit such offenses, is subject to civil forfeiture. (b) This article does not apply to or limit forfeiture under Sections 20-2-93, 13A-11-84, 13A-12-30, or 13A-12-198. (Act 2014-306, p. 1103, §2; Act 2016-282, §8.)...
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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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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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20-2-190
Section 20-2-190 Penalties; sale of ephedrine, etc.; Alabama Drug Abuse Task Force. (a) Any person who manufactures, sells, transfers, receives, or possesses a listed precursor chemical violates this article if the person: (1) Knowingly fails to comply with the reporting requirements of this article; (2) Knowingly makes a false statement in a report or record required by this article or the rules adopted thereunder; (3) Is required by this article to have a listed precursor chemical license or permit, and is a person as defined by this article, and knowingly or deliberately fails to obtain such a license or permit. An offense under this subsection shall constitute a Class C felony. (b) Notwithstanding the provisions of Section 20-2-188, a person who possesses, sells, transfers, or otherwise furnishes or attempts to solicit another or conspires to possess, sell, transfer, or otherwise furnish a listed precursor chemical or a product containing a precursor chemical or ephedrine or...
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15-5-63
Section 15-5-63 Proof; forfeiture procedures. The state must prove to the court's reasonable satisfaction that the proceeds, property, or instrumentality of any kind were used in, intended to be used in, or derived from, a felony offense. Except as provided otherwise in this article, the manner, method, and procedure for the seizure, forfeiture, condemnation, and disposition shall be the same as that set out in Section 20-2-93 and Sections 28-4-286 through 28-4-290, inclusive, except for the following: (1) An innocent owner's or bona fide lienholder's interest in any type of property shall not be forfeited under this article for any act or omission unless the state proves that the act or omission was committed or omitted with the knowledge or consent of that owner or lienholder. (2) The state may stipulate that the interest of an innocent owner or bona fide lienholder is exempt from forfeiture upon presentation of proof of the claim. The state shall file the stipulation with the court...
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32-5A-195
Section 32-5A-195 Cancellation, suspension, or revocation of driver's license; grounds, procedure, etc. (a) The Secretary of the Alabama State Law Enforcement Agency is authorized to cancel any driver's license upon determining that the licensee was not entitled to the issuance thereof or that the licensee failed to give the correct or required information in his or her application. Upon such cancellation, the licensee must surrender the license so cancelled. If the licensee refuses to surrender the license, he or she shall be guilty of a misdemeanor. (b) The privilege of driving a motor vehicle on the highways of this state given to a nonresident shall be subject to suspension or revocation by the Secretary of the Alabama State Law Enforcement Agency in like manner and for like cause as a driver's license issued may be suspended or revoked. (c) The Secretary of the Alabama State Law Enforcement Agency is further authorized, upon receiving a record of the conviction in this state of a...
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33-5-75
Section 33-5-75 Authority of Commissioner of Conservation and Natural Resources to cancel certification or to suspend or revoke privilege of operating vessel; procedures. (a) The Commissioner of Conservation and Natural Resources may cancel any boater safety certification upon determining that the holder of the certification was not entitled to the issuance or that the holder failed to give the correct or required information in the application for certification. Upon cancellation the holder shall surrender the certification cancelled and any duplicate. A holder who refuses to surrender the certification and any duplicate shall be guilty of a Class C misdemeanor, punishable upon conviction as provided in Sections 13A-5-7 and 13A-5-12. (b) The privilege of operating a vessel on the waters of this state, as defined in Section 33-5-3, shall be subject to suspension or revocation by the commissioner in like manner and for like cause as a boater safety certification may be suspended or...
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31-2A-15
Section 31-2A-15 (Article 15.) Commanding officer's non-judicial punishment. (a) Under such regulations as prescribed, any commanding officer may impose disciplinary punishments for minor offenses without the intervention of a court-martial pursuant to this article. The Governor, the Adjutant General, or an officer or a general or flag rank in command may delegate the powers under this article to a principal assistant who is a member of the Alabama National Guard. (b) For the purposes of this article, the term "day" shall mean the following: (1) For the purposes of pay, one day shall equal one active duty military payday. (2) For all other purposes, one day shall equal one calendar day. (c) For the purposes of this part, all members must be in military status when punishment is imposed. (d) Any commanding officer may impose upon enlisted members of the officer's command any of the following: (1) An admonition. (2) A reprimand. (3) The withholding of privileges for up to six consecutive...
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32-6-31
Section 32-6-31 Terms of compact. The Driver License Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows: Driver License Compact Article I Findings and Declaration of Policy (a) The party states find that: (1) The safety of their streets and highways is materially affected by the degree of compliance with state and local ordinances relating to the operation of motor vehicles. (2) Violation of such a law or ordinance is evidence that the violator engages in conduct which is likely to endanger the safety of persons and property. (3) The continuance in force of a license to drive is predicated upon compliance with laws and ordinances relating to the operation of motor vehicles, in whichever jurisdiction the vehicle is operated. (b) It is the policy of each of the party states to: (1) Promote compliance with the laws, ordinances and administrative rules and regulations relating to the operation of...
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15-18-171
Section 15-18-171 Definitions. As used in this article, the following terms shall have the following meanings, respectively, unless the context otherwise requires: (1) APPLICATION PROCESS AND PROCEDURES. The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and the monitoring, evaluation, and review of programs funded herein. (2) BOARD. The board of directors of the authority or the board of directors of a nonprofit entity. (3) COMMISSIONER. The Commissioner of the Department of Corrections. (4) COMMUNITY. The county or counties comprising one or more judicial circuits. (5) COMMUNITY PUNISHMENT AND CORRECTIONS AUTHORITY. A public corporation organized pursuant to the provisions of this article. (6) COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM. Any program designed as an alternative to incarceration and maintained by a county commission or an...
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