reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-76 - Discharge; Arrest for Violation of Parole, With or Without Warrant; Brought Before Parole Officer; Hearing; Serving Sentence Upon Revocation.

Section 15-22-76
Discharge; arrest for violation of parole, with or without warrant; brought before parole officer; hearing; serving sentence upon revocation.
Upon the expiration of the period of parole the parolee shall be discharged. At any time during the period of parole the parolee may be arrested for the violation of any condition of his parole, and after a hearing by the board his parole shall be subject to revocation. Any parole officer, police officer or other law enforcement officer may arrest a parolee with or without a warrant for the violation of any condition of his parole. In case of an arrest without a warrant, the arresting officer shall have a written statement by a parole officer setting forth that parolee has, in the judgment of the parole officer, violated the conditions of his parole. Such statement shall be sufficient warrant for the detention of said parolee until he can be brought before a parole officer. Such parole officer, after advising said parolee in writing of the charged violation and hearing any evidence or explanation offered by parolee in his defense shall, if not satisfied from the evidence or explanation of the parolee, forthwith submit to the board a written report of such violation. Upon receipt of such report the board shall set a hearing date to determine if such parole shall be revoked. The parolee at such hearing may be represented by counsel and present evidence in his defense, In the event such parole is revoked, the board shall prepare a written opinion stating the evidence relied upon and the reason for such revocation. The parolee, upon such revocation, shall serve his sentence as though no parole had been granted him, notwithstanding his sentence would have ended but for the suspension thereof by parole.
(Acts 1979, No. 79-674, p. 1189, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 4 - Municipal Parole Boards. › Section 15-22-77 - Provisions of Article Cumulative; Not Repealer.

Section 15-22-77
Provisions of article cumulative; not repealer.
The provisions of this article are cumulative to the provisions of any other laws and shall not be construed to repeal or supersede any laws not inconsistent herewith.
(Acts 1979, No. 79-674, p. 1189, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 5 - Commutation of Convictions for Protesting Racial Segregation and Discrimination Laws and Ordinances. › Section 15-22-90 - Short Title.

Section 15-22-90
Short title.
This article may be known and cited as "The Rosa Parks Act."
(Act 2006-544, p. 1261, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 5 - Commutation of Convictions for Protesting Racial Segregation and Discrimination Laws and Ordinances. › Section 15-22-91 - Grant of Pardon Upon Application or Affidavit; Notice; Hearing.

Section 15-22-91
Grant of pardon upon application or affidavit; notice; hearing.
(a) A person who, while protesting or challenging within the state a state law or municipal ordinance the purpose of which was to maintain racial segregation or racial discrimination of individuals, was convicted for the protest or challenge, upon application to the State Board of Pardons and Paroles, or if the conviction was for violation of a municipal ordinance, to the municipal parole board, or if no municipal parole board, to the mayor of the municipality, shall be granted a pardon of the conviction. The State Board of Pardons and Paroles or the municipal parole board or, if no municipal parole board, the mayor shall provide notice of the application to the district attorney of the county or the appropriate municipal official where the violation occurred within 60 days after its submission. The pardon shall be granted within 42 days after the submission of the application unless it is objected to by the state on the grounds that the conviction did not result from a violation of a law the purpose of which was to maintain racial segregation or racial discrimination of individuals. In lieu of the above, the State Board of Pardons and Paroles or municipal parole board may grant a pardon to a person who files a sworn affidavit stating that he or she while protesting or challenging a state law or municipal ordinance the purpose of which was to maintain racial segregation or racial discrimination of individuals was convicted for the protest or the challenge. If the information in the affidavit is later found to be false, then the pardon shall be void. If the state or municipality objects, a hearing shall be scheduled as soon as practical with notice of the hearing to all interested parties.
(b) If the convicted person is deceased, the application may be filed by a person who can show legal authority to act on behalf of the deceased person.
(Act 2006-544, p. 1261, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 5 - Commutation of Convictions for Protesting Racial Segregation and Discrimination Laws and Ordinances. › Section 15-22-92 - Transfer of Records.

Section 15-22-92
Transfer of records.
The record of a person pertaining only to the conviction for which a pardon is granted under this article shall be ordered transferred by a court of competent jurisdiction to the Alabama Department of Archives and History for confidential keeping upon petition by the person to whom the pardon was granted, or if deceased, by his or her legal representative who can show proof that the transfer was requested or desired by the deceased person prior to his or her death. The court shall order the transfer on a form provided by the Administrative Office of Courts. Every agency with records relating to the arrest, charge, or other matters arising out of the arrest or charge or relating to the conviction or other matters arising out of the conviction that are ordered to be transferred shall certify to the court within 60 days of the entry of the transfer order that the required transfer action has been completed. All orders enforcing the transfer procedure shall remain a matter of record. Records or documents subject to transfer which are utilized exclusively for educational purposes and are displayed in public museums, libraries, and buildings are exempt from the transfer requirement. The person whose record is transferred may not be required to disclose the fact of the record or any matter relating to the conviction.
(Act 2006-544, p. 1261, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 6 - The Scottsboro Boys Act. › Section 15-22-110 - Short Title.

Section 15-22-110
Short title.
This article may be known and cited as the Scottsboro Boys Act.
(Act 2013-81, p. 180, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 6 - The Scottsboro Boys Act. › Section 15-22-111 - Purpose.

Section 15-22-111
Purpose.
The purpose of this article is to establish a process for the consideration of posthumous pardons by the State Board of Pardons and Paroles for certain felons.
(Act 2013-81, p. 180, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 6 - The Scottsboro Boys Act. › Section 15-22-112 - Definitions.

Section 15-22-112
Definitions.
The following words shall have the following meanings for the purposes of this article:
(1) BOARD. State Board of Pardons and Paroles.
(2) CANDIDATE. A person who is considered for a posthumous pardon.
(3) PETITION. A document signed by a petitioner requesting the posthumous pardon of a person.
(4) PETITIONER. A judge in the judicial circuit where the person was tried and convicted or the district attorney in the person's county of conviction.
(5) POSTHUMOUS PARDON. A pardon granted by the State Board of Pardons and Paroles to certain deceased felons.
(Act 2013-81, p. 180, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 6 - The Scottsboro Boys Act. › Section 15-22-114 - Validity of Posthumous Pardon.

Section 15-22-114
Validity of posthumous pardon.
For the public welfare, a pardon granted by the board pursuant to this article shall not require formal delivery to and acceptance by the candidate's family or legal heirs in order to be considered valid.
(Act 2013-81, p. 180, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 22 - Pardons, Paroles, and Probation. › Article 6 - The Scottsboro Boys Act. › Section 15-22-115 - Liability Under Article; Legal Claims; Privileged Records.

Section 15-22-115
Liability under article; legal claims; privileged records.
Nothing in this article, nor any determination made by the Alabama Board of Pardons and Paroles pursuant to this article, shall give rise to any liability from any act or omission of any governmental entity or otherwise give rise to any legal claim, suit, or action, including for reparations to a surviving family member of a person pardoned under this article or to a posthumously pardoned person's estate. All Board of Pardons and Paroles' files and records created and maintained pursuant to this article shall be subject to the absolute governmental privilege created by subsection (b) of Section 15-22-36.
(Act 2013-81, p. 180, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-1 - Short Title.

Section 15-23-1
Short title.
This article shall be known and may be cited as the "Alabama Crime Victims Compensation Act."
(Acts 1984, No. 84-658, p. 1308, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-2 - Legislative Findings, Etc.

Section 15-23-2
Legislative findings, etc.
The Legislature hereby finds, determines and declares that victims of violent crime are often reduced to bereft and destitute circumstances as a result of the criminal acts perpetrated against them, that the financial or economic resources of such victims and their dependents are in many instances distressed or depleted as a result of injuries inflicted upon them by violent criminals.
That the general social and economic welfare of such victims and their dependents is and ought to be intimately affected with the public interest, that the deplorable plight of these unfortunate citizens should not go unnoticed by our institutions and agencies of government.
The Legislature hereby further finds, determines and declares that it is to the benefit of all that victims of violence and their dependents be assisted financially and socially whenever possible.
To this end the Legislature intends to provide a means whereby victims of violent crime and their dependents may be provided compensation in the amount of actual expenses incurred as a direct result of criminal acts of other persons.
The provisions of this article are to be construed so as to accomplish this purpose and to promote the same which is hereby declared to be the public policy of this state.
(Acts 1984, No. 84-658, p. 1308, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-6 - Alabama Crime Victims Compensation Commission - Annual Report Required.

Section 15-23-6
Alabama Crime Victims Compensation Commission - Annual report required.
The commission shall publish annually a report showing the fiscal transactions of the commission for the preceding year, the amount of the accumulated cash and securities of the commission and a balance sheet showing the financial condition of the commission by means of an actuarial evaluation of the assets and liabilities of the commission.
(Acts 1984, No. 84-658, p. 1308, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-7 - Audit of Financial Affairs of Commission Authorized.

Section 15-23-7
Audit of financial affairs of commission authorized.
The Director of the Department of Examiners of Public Accounts shall at least once a year and at such other times as such director shall deem appropriate cause to be performed a detailed audit of the financial affairs of the commission and shall promptly notify the appropriate grand jury as to any possible violations of law.
(Acts 1984, No. 84-658, p. 1308, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-8 - Compensation for Economic Loss Resulting From Criminal Conduct - Authorized; Procedure.

Section 15-23-8
Compensation for economic loss resulting from criminal conduct - Authorized; procedure.
(a) The commission may award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met.
(b) The commission shall hear and determine all matters relating to claims for compensation, and shall have the power to reinvestigate or reopen claims without regard to statutes of limitation.
(c) The commission shall have the power to subpoena witnesses, compel their attendance, require the production of records and other evidence, administer oaths or affirmations, conduct hearings and receive relevant evidence.
(Acts 1984, No. 84-658, p. 1308, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-9 - Compensation for Economic Loss Resulting From Criminal Conduct - Collateral Source Contribution Not Required.

Section 15-23-9
Compensation for economic loss resulting from criminal conduct - Collateral source contribution not required.
The commission shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving or was entitled to receive such benefits prior to the occurrence giving rise to the claim under the provisions of this article; provided, however, no applicant shall be denied compensation solely because such applicant is entitled to income from a collateral source.
(Acts 1984, No. 84-658, p. 1308, §9.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-10 - Compensation for Economic Loss Resulting From Criminal Conduct - Hearing Required Generally; Procedure in Contested Cases; Settlement by Consent Order, Etc.

Section 15-23-10
Compensation for economic loss resulting from criminal conduct - Hearing required generally; procedure in contested cases; settlement by consent order, etc.
(a) Every party to a claim shall be afforded an opportunity to appear and be heard and to offer evidence and argument on any issue relevant to the claim, and to examine witnesses and offer evidence in reply to any matter of an evidentiary nature in the record relevant to the claim.
(b) In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice pursuant to regulations promulgated by the commission. A record of the proceedings of the hearing in a contested case shall be made and shall be transcribed upon request of any party who shall pay transcription costs unless otherwise ordered by the commission.
(c) The commission may, without a hearing, settle a claim by stipulation, agreed settlement, consent order or default.
(Acts 1984, No. 84-658, p. 1308, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-11 - Filing Claim Under Article Constitutes Waiver of Physician-Patient Privilege.

Section 15-23-11
Filing claim under article constitutes waiver of physician-patient privilege.
(a) Any person filing a claim under the provisions of this article shall be deemed to have waived any physician-patient privilege as to communications or records relevant to an issue of the physical, mental or emotional conditions of the claimant.
(b) If the mental, physical or emotional condition of a claimant is material to a claim, the commission upon physical examination may order an autopsy of a deceased victim. The order shall specify the time, place, manner, conditions and scope of the examination or autopsy and the person by whom it is to be made. The order shall also require the person to file with the commission a detailed written report of the examination or autopsy. The report shall set out the findings of the person making the report, including results of all tests made, diagnoses, prognoses and other conclusions and reports of earlier examinations of the same conditions.
(c) The commission, upon request, shall furnish the victim a copy of such report. If the victim is deceased, the commission, on request, shall furnish a copy of the report to the claimant.
(d) The commission may require the claimant to supply any additional medical or psychological reports available relating to the injury or death for which compensation is claimed.
(Acts 1984, No. 84-658, p. 1308, §11.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-12 - When Compensation Not Awarded, Diminished, etc.; Reconsideration of Award.

Section 15-23-12
When compensation not awarded, diminished, etc.; reconsideration of award.
(a) Compensation shall not be awarded in any of the following circumstances:
(1) A claim has been filed with the commission later than one year after the injury or death upon which the claim is based, unless the commission finds there was good cause for the failure to file within that time.
(2) To a claimant who was the offender, or an accomplice of the offender, or who encouraged or in any way participated in the criminally injurious conduct.
(3) If the award would unjustly benefit the offender or accomplice of the offender.
(4) The criminally injurious conduct resulting in injury or death was reported to a law enforcement officer later than 72 hours after its occurrence, unless the commission finds there was good cause for the failure to report within that time.
(b) Compensation otherwise payable to a claimant may be diminished or denied to the extent that the economic loss is recouped from collateral sources; or to the extent that the degree of responsibility for the cause of the injury or death is attributable to the victim as determined by the commission.
(c) The commission, upon finding that the claimant or victim has not fully cooperated with appropriate law enforcement agencies, may deny, withdraw, or reduce an award of compensation.
(d) The commission, on its own motion or on request of the claimant, may reconsider a decision granting or denying an award or determining its amount. An order on reconsideration of an award shall not require a refund of amounts previously paid, unless the award was obtained by fraud. The right of reconsideration does not affect the finality of a commission decision for the purpose of judicial review.
(Acts 1984, No. 84-658, p. 1308, §12; Acts 1990, No. 90-470, p. 677, §3; Acts 1995, No. 95-494, p. 994, §2; Act 98-492, p. 945, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-13 - Award Not Contingent on Prosecution or Conviction of Offender; Effect of Proof of Conviction; Suspension of Proceedings Under Article.

Section 15-23-13
Award not contingent on prosecution or conviction of offender; effect of proof of conviction; suspension of proceedings under article.
Except as provided elsewhere in this article, an award may be made whether or not any person is prosecuted or convicted. Proof of conviction of a person whose acts give rise to a claim is conclusive evidence that the crime was committed, unless an application for rehearing, an appeal of the conviction or certiorari is pending, or a rehearing or new trial has been ordered. The commission may suspend the proceedings pending disposition of criminal prosecution that has been commenced or is imminent, but may make a tentative award under this section.
(Acts 1984, No. 84-658, p. 1308, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-15 - Amount and Method of Compensation; Future Economic Loss Generally; Exemption From State and Local Taxes, Etc.

Section 15-23-15
Amount and method of compensation; future economic loss generally; exemption from state and local taxes, etc.
(a) Compensation for work loss, replacement services loss, dependent's economic loss, and dependent's replacement services loss may not exceed six hundred dollars ($600) per week.
(b) Compensation payable to a victim and to all other claimants sustaining economic loss because of injury to or death of that victim may not exceed twenty thousand dollars ($20,000) in the aggregate.
(c) The commission may provide for the payment to a claimant in a lump sum or in installments. At the request of the claimant, the commission may convert future economic loss, other than allowable expense, to a lump sum, but only upon a finding by the commission that the award in a lump sum will promote the interests of the claimant.
(d) An award payable in installments for future economic loss may be made only for a period as to which the commission can reasonably determine future economic loss. An award payable in installments for future economic loss may be modified by the commission upon its findings that a material and substantial change of circumstances has occurred.
(e) An award shall not be subject to state or municipal taxation or to execution, attachment, or garnishment, except as the same may pertain to an obligation for the support of dependent children or as the same may pertain to a creditor which has provided products, services, or accommodations, the costs of which are included in the award.
(f) An assignment by the claimant to any future award under the provisions of this article is unenforceable, except any of the following assignments:
(1) An assignment of any award for work loss to assure payment of court-ordered child support.
(2) An assignment of any award for an allowable expense to the extent that the benefits are for the cost of products, services, or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee.
(Acts 1984, No. 84-658, p. 1308, §15; Acts 1990, No. 90-470, p. 677, §5; Act 98-492, p. 945, §1; Act 2014-335, p. 1232, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-16 - Alabama Crime Victims Compensation Fund; Created; Purposes; Composition; Administered or Managed by Commission.

Section 15-23-16
Alabama Crime Victims Compensation Fund; created; purposes; composition; administered or managed by commission.
(a) There is hereby established a special fund to be known as the Alabama Crime Victims Compensation Fund.
(b) The fund shall be placed under the management or administration of the Alabama Crime Victims Compensation Commission for purposes of providing compensation or other benefits to crime victims and for purposes of implementing this article.
(c) The fund shall consist of all moneys collected or received by the Alabama Crime Victims Compensation Commission from any source.
(d) The commission shall have control of the funds not inconsistent with this article and with the laws of Alabama.
(e) All moneys of the commission shall be covered into the State Treasury or deposited in a special trust account and may be withdrawn therefrom by vouchers or check signed by the chair of the commission pursuant to authorization given by the commissioner. All investments of moneys in the fund shall be either deposited with the State Treasurer for safekeeping upon receipt of the State Treasurer therefor or deposited with the bank in a custodial account. The commission shall have authority to expend moneys in the fund in accordance with this article and to invest any moneys so received pending other needs therefor in any investments which are legal investments for insurance companies under the laws of the state.
(f) No member of the commission shall have any interest in the investments or receive any commission with respect thereto.
(g) It shall be the duty of the commission to keep detailed permanent records of all expenditures and disbursements from the fund.
(h) The commission is authorized to accept and use funds available to it from all sources, such as grants, appropriations, gifts, donations, and other sources for purposes of implementing this article.
(i) The commission may not award any moneys for the six months immediately following passage of this article.
(j) The commission may not award or promise to award more moneys than are available in the fund.
(k) The commission shall not spend more than 25 percent of its funds for administrative costs.
(Acts 1984, No. 84-658, p. 1308, §16; Acts 1995, No. 95-494, p. 994, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-18 - Penalties - Influence Peddling.

Section 15-23-18
Penalties - Influence peddling.
(a) Any person who confers, offers, or agrees to confer anything of value upon a member, agent or employee of the Alabama Crime Victims Compensation Commission with the intent that such member's or agent's or employee's vote, opinion, judgment or exercise of discretion or other action in such member's or agent's or employee's official capacity will thereby be influenced shall be guilty of a Class B felony.
(b) Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall solicit, accept, or agree to solicit or accept anything of value upon an agreement or understanding that such member's or agent's or employee's vote, opinion, judgment or exercise of discretion or other action as such member, agent, or employee will thereby be influenced shall be guilty of a Class B felony.
(c) It shall not be a defense to a prosecution under this section that the member, agent or employee sought to be influenced was not qualified to act in the desired way because of a lack of jurisdiction or for any other reason.
(Acts 1984, No. 84-658, p. 1308, §18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-19 - Penalties - Failure of Commission Member to Disclose Conflict of Interest.

Section 15-23-19
Penalties - Failure of commission member to disclose conflict of interest.
(a) A member, agent or employee of the Alabama Crime Victims Compensation Commission commits the crime of failing to disclose a conflict of interest if such member, agent or employee exercises any discretionary function in connection with a commission contract, purchase, payment or other pecuniary transaction pertaining to the commission without advance public disclosure of a known potential conflicting interest in the transaction.
(b) A "potential conflicting interest" exists, but is not limited to, when the member, agent or employee of the commission is a director, president, general manager or similar executive officer, or owns directly or indirectly a substantial portion of any nongovernmental entity participating in the transaction.
(c) Public disclosure shall mean a public announcement and written notification to the Attorney General.
(d) Failing to disclose a conflict of interest is a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §19.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-20 - Penalties - Alteration of Commission Records, Etc.

Section 15-23-20
Penalties - Alteration of commission records, etc.
Any member, agent or employee of the Alabama Crime Victims Compensation Commission who shall knowingly make a false entry or falsely alter any commission record; or who shall intentionally destroy, mutilate, conceal, remove or otherwise impair the verity or availability of any commission record with the knowledge of a lack of authority to do so; or who shall possess a record of the commission and refuse to deliver up such record upon proper request of a person lawfully entitled to receive the same shall be guilty of a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §20.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-21 - Penalties - Furnishing False Information; Failure to Disclose Material Fact, Etc.

Section 15-23-21
Penalties - Furnishing false information; failure to disclose material fact, etc.
(a) Any person who shall knowingly furnish any false information to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof with the intent to defraud the said commission; or with the intent to obtain an award of compensation for a person not entitled to receive the same shall be guilty of a Class C felony.
(b) Any person who shall knowingly fail or omit to disclose a material fact or circumstance to the Alabama Crime Victims Compensation Commission or to any member, agent or employee thereof which is material to a claim for an award of compensation with the intent to defraud the commission or with the intent to cause a person to obtain or receive an award of compensation to which such person is not entitled shall be guilty of a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §21.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-22 - Penalties - Unauthorized Control Over Money or Securities of Commission.

Section 15-23-22
Penalties - Unauthorized control over money or securities of commission.
(a) Any person who shall knowingly obtain or exert any unauthorized control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Class C felony.
(b) Any person who shall knowingly obtain by deception any control over any money or securities held on behalf of or in trust for the Alabama Crime Victims Compensation Commission with intent to deprive such commission of such money or securities shall be guilty of a Class C felony.
(Acts 1984, No. 84-658, p. 1308, §22.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 1 - Crime Victims' Compensation. › Section 15-23-23 - Certain Persons Deemed Ineligible for Compensation.

Section 15-23-23
Certain persons deemed ineligible for compensation.
Any person who shall perpetrate any criminally injurious conduct on the person of another or who shall be convicted of a felony after making application to the Alabama Crime Victims Compensation Commission for compensation shall not be eligible or entitled to receive compensation pursuant to any provision of this article.
(Acts 1984, No. 84-658, p. 1308, §23.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-40 - Short Title.

Section 15-23-40
Short title.
This article shall be entitled "The Victim Counselor Confidentiality Act of 1987."
(Acts 1987, No. 87-598, p. 1040, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-41 - Definitions.

Section 15-23-41
Definitions.
As used in this article, unless a contrary meaning is clearly intended from the context in which the term appears, the following terms have the respective meanings hereinafter set forth and indicated:
(1) CONFIDENTIAL COMMUNICATION. Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence.
(2) VICTIM. A person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence.
(3) SEXUAL ASSAULT. Any sexual offense enumerated in Sections 13A-6-60 through 13A-6-70.
(4) FAMILY VIOLENCE. The occurrence of one or more of the following acts between family or household members:
a. Attempting to cause or causing physical harm.
b. Placing another in fear of imminent serious physical harm.
(5) FAMILY or HOUSEHOLD MEMBERS. Children, spouses, former spouses, persons of the opposite sex living as spouses now or in the past, or persons 60 years of age or older living in the same household and related by blood or marriage.
(6) VICTIM COUNSELING. Assessment, diagnosis, and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. Victim counseling includes, but is not limited to, crisis intervention.
(7) VICTIM COUNSELING CENTER. A private organization or unit of a government agency which has as one of its primary purposes the treatment of victims for any emotional or psychological condition resulting from a sexual assault or family violence.
(8) VICTIM COUNSELOR. Any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims who is not affiliated with a law enforcement agency or a prosecutor's office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence.
(Acts 1987, No. 87-598, p. 1040, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-42 - Confidentiality of Communications With Victim Counselor.

Section 15-23-42
Confidentiality of communications with victim counselor.
(a) A victim, a victim counselor without the consent of the victim, or a minor or incapacitated victim without the consent of a custodial guardian or a guardian ad litem appointed upon application of either party, cannot be compelled to give testimony or to produce records concerning confidential communications for any purpose in any criminal proceeding.
(b) A victim counselor or a victim cannot be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding.
(c) The confidential communication privilege of a victim counselor with respect to communications made between the counselor and the victim shall terminate upon the death of the victim.
(Acts 1987, No. 87-598, p. 1040, §2; Acts 1995, No. 95-536, p. 1094, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-43 - Waiver of Protection; Exception for Suit Against Counselor by Victim.

Section 15-23-43
Waiver of protection; exception for suit against counselor by victim.
(a) A victim does not waive the protections afforded by this article by testifying in court about the crime.
(1) However, if the victim partially discloses the contents of a confidential communication in the course of testifying, then either party may request the court to rule that justice requires the protections of this section be waived, to the extent they apply to that portion of the communication.
(2) Any waiver shall apply only to the extent necessary to require any witness to respond to counsel's questions concerning the confidential communication that are relevant to the facts and circumstances of the case.
(b) A victim counselor cannot waive the protections afforded to a victim under this section. However, if a victim brings suit against a victim counselor or the agency, business, or organization in which the victim counselor was employed or served as a volunteer at the time of the counseling relationship and the suit alleges malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim and is not liable for doing so.
(Acts 1987, No. 87-598, p. 1040, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-44 - Other Testimonial Privilege Not Limited by Provisions.

Section 15-23-44
Other testimonial privilege not limited by provisions.
Nothing in this article shall be construed to limit any other testimonial privilege available to any person under other statutes or rules.
(Acts 1987, No. 87-598, p. 1040, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-45 - Victim Counselors Not Relieved of Duty to Report Certain Crimes.

Section 15-23-45
Victim counselors not relieved of duty to report certain crimes.
This article shall not be construed to relieve victim counselors of any duty to report suspected child abuse or neglect or any evidence that the victim is about to commit a crime.
(Acts 1987, No. 87-598, p. 1040, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 2 - Crime Counselor Confidentiality. › Section 15-23-46 - Victim Counselors Not to Prescribe Drugs, Practice Medicine, or Practice Other Professions Without License.

Section 15-23-46
Victim counselors not to prescribe drugs, practice medicine, or practice other professions without license.
Nothing in this article shall be construed to permit a victim counselor to administer or prescribe drugs in any form, or in any manner to engage in the practice of medicine as defined by the laws of this state or to engage in any act or to perform any service which act or service requires a license as described in Chapters 8A, 21, 24, 26, or 30 of Title 34, unless such victim counselor is duly licensed by the appropriate licensing agency. Nothing in this article shall be construed to enlarge or expand the scope of practice of any of the licensed professions or occupations enumerated above by virtue of an individual being designated as or holding the position of victim counselor.
(Acts 1987, No. 87-598, p. 1040, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-61 - Designated Representative.

Section 15-23-61
Designated representative.
(a) If a victim is physically or emotionally unable to exercise any right established by this article, but is able to designate a lawful representative, the designated representative or person may exercise the same rights that the victim is entitled to exercise. The victim may revoke his or her designated representation at any time and thereafter exercise his or her rights.
(b) If a victim is incompetent, deceased, or otherwise incapable of designating another person to act in his or her behalf, the court may appoint a lawful representative who is not a witness in the case. If at any time the victim is no longer incompetent, incapacitated, or otherwise incapable of acting, the victim may personally exercise his or her rights.
(c) If the victim is a minor, the parent or other immediate family of the victim, or other designated representative as determined by the court, may exercise all of the rights of the victim on behalf of the victim.
(Acts 1995, No. 95-583, p. 1234, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-62 - Law Enforcement Agency Required to Provide Victim With Information Concerning Services, Compensation Benefits, Etc.

Section 15-23-62
Law enforcement agency required to provide victim with information concerning services, compensation benefits, etc.
Within 72 hours, unless the victim is unavailable or incapacitated as a result of the crime, after the initial contact between a victim of a reported crime and the law enforcement agency either responding to the report of the crime of the victim or another person, or having responsibility for investigating the crime, the law enforcement agency shall provide to the victim in a manner and form designed and produced for the appropriate governmental agency or office, the following information:
(1) The availability of emergency and crisis services.
(2) The availability of victims' compensation benefits and the name, address, and telephone number of the Alabama Crime Victims Compensation Commission.
(3) The name of the law enforcement officer and telephone number of the law enforcement agency with the following statement attached: "If within 60 days you are not notified of an arrest in your case, you may call the telephone number of the law enforcement agency for the status of the case."
(4) The procedural steps involved in a criminal prosecution.
(5) The rights authorized by the Alabama Constitution on rights of victims, including a form to invoke these rights.
(6) The existence and eligibility requirements of restitution and compensation pursuant to Section 15-18-65 et seq. and Section 15-23-1 et seq.
(7) A recommended procedure if the victim is subjected to threats or intimidation.
(8) The name and telephone number of the office of the prosecuting attorney to contact for further information.
(Acts 1995, No. 95-583, p. 1234, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-63 - Prosecuting Attorney Required to Notify Victim of Charges and Proceedings; Request for Notice.

Section 15-23-63
Prosecuting attorney required to notify victim of charges and proceedings; request for notice.
(a) Upon written request of the victim, the prosecuting attorney shall notify the victim of all charges filed against the defendant, criminal proceedings, except initial appearances, as soon as practicable, including any changes that may occur.
(b) The victim shall provide to and maintain with the office of the prosecuting attorney a request for notice on a form provided by the agency. The form shall include the telephone number and address of the victim. If the victim fails to keep this information current, his or her request for notice shall be considered withdrawn and void. Except as otherwise provided, all notices provided to a victim pursuant to this article shall be on forms developed and produced for the appropriate government agency or office.
(Acts 1995, No. 95-583, p. 1234, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-64 - Prosecuting Attorney Required to Confer With Victim Prior to Final Disposition of Offense.

Section 15-23-64
Prosecuting attorney required to confer with victim prior to final disposition of offense.
The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim about a nol pros, reduction of charge, sentence recommendation, and pre-trial diversion programs.
(Acts 1995, No. 95-583, p. 1234, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-65 - Prosecuting Attorney Required to Confer With Victim Before Commencement of Trial.

Section 15-23-65
Prosecuting attorney required to confer with victim before commencement of trial.
The prosecuting attorney shall confer with the victim before the commencement of a trial. Any information received by the victim relating to the substance of the case shall be confidential, unless otherwise authorized by law or required by the courts to be disclosed.
(Acts 1995, No. 95-583, p. 1234, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-66 - No Right to Direct Prosecution.

Section 15-23-66
No right to direct prosecution.
The rights of the victim do not include the authority to direct the prosecution of the case.
(Acts 1995, No. 95-583, p. 1234, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-67 - Right to Be Present Throughout Proceedings.

Section 15-23-67
Right to be present throughout proceedings.
The victim has the right to be present throughout all criminal proceedings pursuant to Section 15-14-50 et seq.
(Acts 1995, No. 95-583, p. 1234, §8.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-68 - Waiting Area for Victim; Court to Minimize Contact of Victim With Defendant.

Section 15-23-68
Waiting area for victim; court to minimize contact of victim with defendant.
The court shall provide a waiting area for the victim separate from the defendant, relatives of the defendant, and defense witnesses, if an area is available and the use of the area is practical. If a separate waiting area is not available, or its use impractical, the court shall minimize contact of the victim with the defendant, relatives of the defendant, and defense witnesses during court proceedings. For victims of domestic violence, if a separate waiting area is not available, the presiding circuit judge shall create procedures so that the defendant has no contact with the victim.
(Acts 1995, No. 95-583, p. 1234, §9; Act 2015-493, p. 1679, §2; Act 2019-252, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-69 - Testimony Concerning Information About Victim; Information About Victim in Court File.

Section 15-23-69
Testimony concerning information about victim; information about victim in court file.
(a) Based upon the reasonable apprehension of the victim of acts or threats of physical violence or intimidation by the defendant, the family of the defendant, or by anyone at the direction of the defendant, against the victim or the immediate family of the victim, the prosecutor may petition the court to direct that the victim or any other witness not be compelled to testify during pre-trial proceedings or to any trial, facts that could divulge the identity, residence, or place of employment of the victim, or other related information without consent of the victim unless necessary to the prosecution of the criminal proceeding. If the court schedules a hearing on the merits of the petition, it shall be held in camera.
(b) The address, phone number, place of employment, and other related information about the victim contained in the court file shall not be public record.
(Acts 1995, No. 95-583, p. 1234, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-70 - Right to Refuse Defendant's Request for Interview.

Section 15-23-70
Right to refuse defendant's request for interview.
The victim has the right to refuse a request by the defendant, the attorney of the defendant, or by any other person acting on behalf of the defendant, for an interview or other communication with the victim.
(Acts 1995, No. 95-583, p. 1234, §11.)