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15-18-75
Section 15-18-75 Civil action by victim of crime; credit for restitution paid. Nothing in this
article limits or impairs the right of a person injured by a defendant's criminal activities
to sue or recover damages from the defendant in a civil action. Evidence that the defendant
has paid or has been ordered to pay restitution pursuant to this article may not be introduced
in any civil action arising out of the facts or events which were the basis for the restitution.
However, the court shall credit any restitution paid by the defendant to a victim against
any judgment in favor of the victim in such civil action. If conviction in a criminal trial
necessarily decides the issue of a defendant's liability for pecuniary damages for a victim,
that issue is conclusively determined as to the defendant, if it is involved in a subsequent
civil action. (Acts 1980, No. 80-588, p. 928, §11.)...
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15-18-68
Section 15-18-68 Criteria for determining restitution. (a) In determining the manner, method,
or amount of restitution to be ordered, the court may take into consideration all of the following:
(1) The financial resources of the defendant and the victim and the burden that the manner
or method of restitution will impose upon the victim or the defendant. (2) The ability of
the defendant to pay restitution on an installment basis or on other conditions to be fixed
by the court. (3) The anticipated rehabilitative effect on the defendant regarding the manner
of restitution or the method of payment. (4) Any burden or hardship upon the victim as a direct
or indirect result of the defendant's criminal acts. (5) The mental, physical, and financial
well-being of the victim. (b) When a defendant has been convicted of the following offenses
after February 1, 2009, the court may consider the factors enumerated in subsection (a) and
shall order restitution to be paid as follows: (1) When a...
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15-18-66
Section 15-18-66 Definitions. As used in this article, the following words and terms shall
have the meanings respectively ascribed by this section: (1) CRIMINAL ACTIVITIES. Any offense
with respect to which the defendant is convicted or any other criminal conduct admitted by
the defendant. (2) PECUNIARY DAMAGES. All special damages which a person shall recover against
the defendant in a civil action arising out of the facts or events constituting the defendant's
criminal activities; the term shall include, but not be limited to the money or other equivalent
of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel,
medical, dental or burial expenses and wages including but not limited to wages lost as a
result of court appearances. (3) RESTITUTION. Full, partial or nominal payment of pecuniary
damages to the victim or to its equivalent in services performed or work or labor done for
the benefit of the victim as determined by the court of record. (4)...
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15-22-1.1
by the Interstate Commission, but shall not be a member. (c) Corporate records of the Interstate
Commission. The Interstate Commission shall maintain its corporate books and records in accordance
with the bylaws. (d) Qualified immunity, defense and indemnification. (1) The members, officers,
executive director, and employees of the Interstate Commission shall be immune from suit and
liability, either personally or in their official capacity, for any claim for damage to or
loss of property or personal injury or other civil liability caused or arising
out of any actual or alleged act, error or omission that occurred within the scope of Interstate
Commission employment, duties or responsibilities; provided, that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury or liability caused by the intentional or willful and wanton misconduct of any
such person. (2) The Interstate Commission shall defend the...
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13A-8-199
Section 13A-8-199 Civil action for violation of chapter. (a) In addition to any other remedies
provided by law, a victim who has suffered loss as a result of a criminal violation of this
article may bring an action in his or her county of residence or any county in which any part
of the crime took place, regardless of whether the defendant who committed the criminal violation
was ever actually present in that county, against the defendant to recover the following:
(1) Five thousand dollars ($5,000) for each incident, or three times the actual damages, whichever
is greater. (2) Reasonable attorney's fees and court costs. (b) The statute of limitations
for cases under this section shall be seven years from the earlier of the date of discovery
of the offense or the date when the offense reasonably should have been discovered. (Act 2001-312,
p. 399, §10; Act 2006-148, p. 218, §1.)...
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15-18-142
political subdivision of this state. (5) EMPLOYMENT INCOME. Wages, salary, tips, commissions,
bonuses, any and all money due or payable to which a defendant is or may be entitled based
upon remuneration for employment, past, present or future, less deductions therefrom required
to be withheld by law. (6) OTHER INCOME. a. Any money or any negotiable instruments or any
portion thereof to which a defendant is or may be entitled from the sale, transfer, conveyance,
or assignment of any real or personal property or other thing of value. b. Any money
or any negotiable instrument or any portion thereof to which the defendant is or may be entitled,
directly or indirectly, as a result of profits, fees, rents, refunds, rebates, commissions,
gifts, bequests, devises, annuities, dividends, royalties, money or property on deposit or
in escrow or trust, interest, accounts receivable, choses in action or other transactions.
(7) ASSETS. Any money, legal tender, real or personal property or other...
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15-23-14
Section 15-23-14 Award of compensation subrogates commission to rights of claimant as to collateral
source; funds recovered from collateral source held in trust for commission; disposition of
trust funds; notice of action to recover damages; restitution hearings. (a) If compensation
is awarded, the commission shall be subrogated to all the rights of a claimant to receive
or recover from a collateral source to the extent that compensation was awarded. (b) In the
event the claimant recovers compensation, other than under the provisions of this article,
for injuries or death resulting from criminally injurious conduct, the claimant shall retain,
as trustee for the commission, so much of the recovered funds as necessary to reimburse the
Alabama Crime Victims Compensation Fund to the extent that compensation was awarded to the
claimant from that fund. The funds retained in trust shall be promptly paid over to the commission
and deposited in the Alabama Crime Victims Compensation Fund....
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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15-18-175
Section 15-18-175 Eligibility; exclusion; sentencing. (a) An offender who meets one of the
following minimum criteria shall be considered eligible for punishment in the community under
this article: (1) Persons who, without this option, would be incarcerated in a correctional
institution or who are currently incarcerated in a correctional institution. (2) Persons who
are convicted of misdemeanors. (b) The following offenders are excluded from consideration
for punishment in the community: (1) Persons who are convicted of offenses as listed in subdivision
(14) of Section 15-18-171. (2) Persons who demonstrate a pattern of violent behavior. In reaching
this determination, the court may consider prior convictions and other acts not resulting
in conviction or criminal charges, and the offender's behavior while in state or county confinement.
(c) The eligibility criteria established in this section shall be interpreted as guidelines
for the benefit of the court in making a determination of...
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22-22-9
Section 22-22-9 Powers and duties; enforcement of orders; permits; civil penalties for violations.
(a) It shall be the duty of the commission to control pollution in the waters of the state,
and it shall specifically have the following powers: (1) To study and investigate all problems
concerned with the improvement and conservation of the waters of the state; (2) To conduct,
independently and in cooperation with others, studies, investigation and research and to prepare,
or in cooperation with others prepare, a program or programs, any or all of which shall pertain
to the purity and conservation of the waters of the state or to the treatment and disposal
of pollutants or other wastes, which studies, investigations, research and program or programs
shall be intended to result in the reduction of pollution of the waters of the state according
to the conditions and particular circumstances existing in the various communities throughout
the state; and (3) To propose remedial measures...
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