reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-71 - Plea Agreement.

Section 15-23-71
Plea agreement.
The victim has the right to be present at any proceeding at which a negotiated plea for the person accused of committing the criminal offense against the victim will be presented to the court. The court shall not accept a plea agreement unless:
(1) The prosecuting attorney advises the court that, before requesting the negotiated plea, reasonable efforts were made to confer with the victim.
(2) Reasonable efforts are made to give the victim notice of the plea proceeding, including the offense to which the defendant will plead guilty, the date that the plea will be presented to the court, the terms of any sentence agreed to as part of the negotiated plea, and that the victim has the right to be present.
(3) The prosecuting attorney advises the court that, to the best of his or her knowledge, the notice requirements of this article have been met.
(Acts 1995, No. 95-583, p. 1234, §12.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-72 - Right to Pre-Sentence Information.

Section 15-23-72
Right to pre-sentence information.
The prosecuting attorney shall provide to the victim the date of a conviction, acquittal, or dismissal of the charges filed against the defendant and prior to sentencing, when applicable, notice of the following:
(1) The criminal offense for which the defendant was convicted, acquitted, or the effect of a dismissal of the charges filed against the defendant.
(2) If the defendant is convicted, on request, the victim shall be notified, if applicable, of the following:
a. The existence and function of the pre-sentence report.
b. The name, address, and telephone number of the office of the Board of Pardons and Paroles which is preparing the pre-sentence report.
c. The right to make a victim impact statement.
d. The right of the defendant to view the pre-sentence report.
e. The right to be present and be heard at any sentencing proceeding.
f. The time, place, and date of the sentencing proceeding.
g. If the court orders restitution, the right to pursue collection of the restitution as provided by Section 15-18-65 et seq.
(Acts 1995, No. 95-583, p. 1234, §13.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-73 - Impact Statement; Right to Review Pre-Sentence Investigative Report.

Section 15-23-73
Impact statement; right to review pre-sentence investigative report.
(a) The victim may submit a written impact statement or make an oral impact statement to the probation officer for use in preparing a pre-sentence report. The probation officer shall consider the economic, physical, and psychological impact that the criminal offense has had on the victim and the immediate family of the victim.
(b) The victim shall have the right to review a copy of the pre-sentence investigative report, subject to the applicable federal or state confidentiality laws, at the same time the document is available to the defendant or his or her counsel.
(Acts 1995, No. 95-583, p. 1234, §14.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-74 - Right to Present Evidence, Statement, etc., During Sentencing or Restitution Proceedings.

Section 15-23-74
Right to present evidence, statement, etc., during sentencing or restitution proceedings.
The victim has the right to present evidence, an impact statement, or information that concerns the criminal offense or the sentence during any pre-sentencing, sentencing, or restitution proceeding.
(Acts 1995, No. 95-583, p. 1234, §15.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-75 - Right to Information Concerning Defendant's Sentence, Request for Notice, Post-Conviction Review, Etc.

Section 15-23-75
Right to information concerning defendant's sentence, request for notice, post-conviction review, etc.
The victim has the right to the following information:
(1) As soon as practicable, after the date of sentencing, the office of the prosecuting attorney shall notify the victim of the sentence imposed on the defendant.
(2) The names, addresses, and telephone numbers of the appropriate agencies and departments to whom request for notice should be provided.
(3) The status of any post-conviction court review or appellate proceeding or any decisions arising from those proceedings shall be furnished to the victim by the Office of the Attorney General or the office of the district attorney, whichever is appropriate, immediately after the status is known.
(4) If the terms and conditions of a post-arrest release include a requirement that the accused post a bond, the sheriff or municipal jailer shall, upon request, notify the victim of the release on bond of the defendant.
(5) The agency having physical custody of a prisoner shall, if provided a request for notice, and as soon as practicable, give notice to the victim of the escape and, subsequently, the return of the prisoner into custody.
(Acts 1995, No. 95-583, p. 1234, §16.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-76 - Right to Be Present and Heard at Court Proceeding.

Section 15-23-76
Right to be present and heard at court proceeding.
It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with the proceeding. The right of the victim to be heard may be exercised, where authorized by law, at the discretion of the victim, through an oral statement or submission of a written statement.
(Acts 1995, No. 95-583, p. 1234, §17.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-77 - Right to Have Property Returned.

Section 15-23-77
Right to have property returned.
(a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any property belonging to the victim that was taken during the course of the investigation, or shall inform the victim of the reasons why the property will not be returned. The law enforcement agency shall make reasonable efforts to return the property to the victim as soon as possible.
(b) If the property of the victim has been admitted as evidence during a trial or hearing, the court may, upon request of the district attorney or the Attorney General, order its release to the victim if a photograph can be substituted. If evidence is released pursuant to this subsection, the attorney for the defendant or investigator may inspect and independently photograph the evidence before it is released.
(Acts 1995, No. 95-583, p. 1234, §18.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-78 - Right to Information From Agency Having Physical Custody of Prisoner.

Section 15-23-78
Right to information from agency having physical custody of prisoner.
Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information:
(1) Notice of an end of sentence release within 15 days prior to the end of the sentence of the prisoner.
(2) Notice of the death within 15 days after the prisoner has died.
(Acts 1995, No. 95-583, p. 1234, §19.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-79 - Submission of Victim's Statement Into Prisoner's Records.

Section 15-23-79
Submission of victim's statement into prisoner's records.
(a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner's Department of Corrections records. The statement shall be considered during any review for community status of the prisoner or prior to release of the prisoner.
(b) The victim shall have the right to be notified by the Board of Pardons and Paroles and allowed to be present and heard at a hearing when parole or pardon is considered pursuant to Section 15-22-36 et seq.
(Acts 1995, No. 95-583, p. 1234, §20.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-80 - Facility With Custody of Defendant to Send Victim Release Opinion.

Section 15-23-80
Facility with custody of defendant to send victim release opinion.
Upon written request of the victim, the Alabama Department of Mental Health and Mental Retardation, or other facility with custody of the criminal defendant, shall send the victim a copy to the address stated in the request, of its release opinion which was provided to the appropriate court pursuant to Section 15-16-63 et seq.
(Acts 1995, No. 95-583, p. 1234, §21.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-81 - Victim to Respond to Subpoena or to Participate in Proceeding Preparation Without Loss of Employment or Fear of Loss.

Section 15-23-81
Victim to respond to subpoena or to participate in proceeding preparation without loss of employment or fear of loss.
The victim shall respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss of employment.
(Acts 1995, No. 95-583, p. 1234, §22.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-82 - Clerk of Court to Accept and Disburse Restitution.

Section 15-23-82
Clerk of court to accept and disburse restitution.
The clerk of the court is authorized and shall accept partial payments from defendants when directed to do so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse restitution to victims or the authorized recipient, including partial periodic payments as ordered under any judgment, decree, or order of the circuit or district court, pursuant to Section 15-18-65 et seq. The disbursements shall be made to the victims or the authorized recipient no later than the time provided in Rule 4, Alabama Rules of Judicial Administration. The clerk of the court shall, at the end of each month, provide to the district attorney and probation office a list of the names of defendants who are delinquent in their restitution payments under a court-approved installment plan or any other deferred-payment time period specified by the court in its sentencing order.
(Acts 1995, No. 95-583, p. 1234, §23.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-83 - Assertion of Rights by Attorney General or District Attorney.

Section 15-23-83
Assertion of rights by Attorney General or district attorney.
The Attorney General or district attorney may assert any right to which the victim is entitled.
(Acts 1995, No. 95-583, p. 1234, §24.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 3 - Crime Victims' Rights. › Section 15-23-84 - Failure to Provide Right or Notice Not Grounds for Setting Aside Sentence.

Section 15-23-84
Failure to provide right or notice not grounds for setting aside sentence.
The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside.
(Acts 1995, No. 95-583, p. 1234, §25.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 4 - Testing of Person Charged With Certain Sex Crimes on Request of Alleged Victim. › Section 15-23-100 - Definitions.

Section 15-23-100
Definitions.
As used in this article, the following words shall have the following meanings:
(1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the alleged crime.
(2) PARENT OR GUARDIAN OF THE ALLEGED VICTIM. A parent or legal guardian of an alleged victim who is a minor or incapacitated person.
(3) POSITIVE REACTION. A positive test with a positive confirmatory test result as specified by the Department of Public Health.
(4) SEXUALLY TRANSMITTED DISEASE. Those diseases designated by the State Board of Health as sexually transmitted diseases for the purposes of this article.
(5) TRANSMISSION OF BODY FLUIDS. The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially broken skin of the victim.
(Act 2006-572, p. 1504, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 4 - Testing of Person Charged With Certain Sex Crimes on Request of Alleged Victim. › Section 15-23-101 - Motion to Order Person Charged to Be Tested for Sexually Transmitted Diseases.

Section 15-23-101
Motion to order person charged to be tested for sexually transmitted diseases.
When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force, and it appears from the nature of the charge that the transmission of body fluids from one person to another may have been involved, upon the request of the victim or the parent or guardian of a minor victim, the district attorney shall file a motion with the court for an order requiring the person charged to submit to a test for any sexually transmitted disease.
(Act 2006-572, p. 1504, §2; Act 2019-465, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 4 - Testing of Person Charged With Certain Sex Crimes on Request of Alleged Victim. › Section 15-23-102 - Order to Submit to Testing; Designation of Attending Physician; Additional Testing; Access to Results; Post-Test Counseling.

Section 15-23-102
Order to submit to testing; designation of attending physician; additional testing; access to results; post-test counseling.
(a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime where the victim was compelled to engage in sexual activity by force or threat of force and the transmission of body fluids was involved.
(2) If a warrant, information, or indictment has been issued and the defendant is in custody or has been served with the warrant, information, or indictment, the test shall be performed within 48 hours of service of the court order requiring the defendant to submit to testing.
(b) When a test is ordered under Section 15-23-101, the victim of the crime or a parent or guardian of the minor victim shall designate an attending physician who has agreed in advance to accept the victim as a patient to receive information on behalf of the victim.
(c) If any sexually transmitted disease test results in a negative reaction, the court shall order the person to submit to any follow-up tests at the intervals and in the manner as shall be determined by the State Board of Health.
(d) The result of any test ordered under this section is not a public record and shall be available only to the following:
(1) The victim.
(2) The parent or guardian of the minor victim.
(3) The attending physician of the victim.
(4) The person tested.
(e) If any sexually transmitted disease test ordered under this section results in a positive reaction, the individual subject to the test shall receive post-test counseling. Counseling and referral for appropriate health care, testing, and support services as directed by the State Health Officer shall be provided to the victim at the request of the victim or the parent or guardian of the minor victim.
(Act 2006-572, p. 1504, §3; Act 2019-465, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 4 - Testing of Person Charged With Certain Sex Crimes on Request of Alleged Victim. › Section 15-23-103 - Confidentiality of Results.

Section 15-23-103
Confidentiality of results.
(a) The results of tests or reports, or information therein, obtained under Section 15-23-102 shall be confidential and shall not be divulged to any person not authorized to receive the information.
(b) A violation of this section is a Class C misdemeanor.
(Act 2006-572, p. 1504, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 4 - Testing of Person Charged With Certain Sex Crimes on Request of Alleged Victim. › Section 15-23-104 - Payment of Costs.

Section 15-23-104
Payment of costs.
This article shall be implemented by the Department of Public Health to the extent state funds are available to pay all costs associated with the requirements of this article. The court may order the person charged to pay for or reimburse the state for the cost of all testing.
(Act 2006-572, p. 1504, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 5 - Sexual Assault Survivors Bill of Rights › Section 15-23-121 - Rights of Sexual Assault Victims.

Section 15-23-121
Rights of sexual assault victims.
(a) A sexual assault survivor has the following rights:
(1)a. Not to be prevented from, or charged for, receiving a medical forensic examination.
b. For the purposes of this subdivision, a health care provider may bill a health insurer for providing a medical forensic examination.
(2) To have a sexual assault evidence collection kit or its probative contents preserved by law enforcement agencies, without charge, for at least 20 years or until the survivor reaches 40 years of age if the survivor was a minor when the assault occurred.
(3) Upon request, to be informed by the investigating law enforcement agency, of test results from the sexual assault evidence kit, including a DNA profile match, or other information collected as part of a medical forensic examination, if the disclosure would not impede or compromise an ongoing law enforcement investigation.
(4) Upon written request, to be informed of policies governing the collection and preservation of a sexual assault evidence collection kit.
(5) Upon written request, to receive written notification, from the investigating law enforcement agency with custody of the kit or its probative contents, of the intended destruction or disposal of the kit or its probative contents at least 60 days before the intended destruction or disposal.
(6) Upon written request, to be granted further preservation of the kit or its probative contents for an additional 20 years.
(7) To be informed of the rights under this subsection.
(b) The term sexual assault, as used in this section, is defined as any nonconsensual sexual act proscribed by federal, tribal, or state law, including when the victim lacks capacity to consent.
(Act 2021-481, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 5 - Sexual Assault Survivors Bill of Rights › Section 15-23-122 - Survivor Notification.

Section 15-23-122
Survivor notification.
The Attorney General shall develop a survivor notification document to be distributed by a law enforcement officer or a medical provider upon initial contact with a survivor of sexual assault. The notification document shall be made available on the Attorney General's public website. The document shall include, but is not limited to, the following information:
(1) A clear statement that the survivor has the right not to be prevented from, nor charged for, receiving a sexual assault medical forensic examination.
(2) A clear statement that the survivor has a right to have a sexual assault medical forensic examination, regardless of whether the survivor reports to or cooperates with law enforcement.
(3) The availability and contact information of a sexual assault advocate.
(4) The availability of protective orders, policies related to their enforcement, and the process to obtain protective orders.
(5) Policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits.
(6) The process, if any, to request the preservation of sexual assault evidence collection kits.
(7) Instructions for requesting the test results upon the forensic or probative evidence of the kits from the investigating law enforcement agency.
(8) Information about state and federal compensation funds available for medical or other costs associated with the case and the availability of victim compensation and restitution.
(Act 2021-481, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 23 - Alabama Crime Victims. › Article 5 - Sexual Assault Survivors Bill of Rights › Section 15-23-124 - Construction of Article.

Section 15-23-124
Construction of article.
Nothing in this article shall be construed to establish a standard of care for medical providers or physicians, or otherwise modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Alabama Medical Liability Act of 1996, commencing with Section 6-5-548, or any amendment to any of these laws or judicial interpretation of these laws.
(Act 2021-481, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 24 - Defendants With Intellectual Disability. › Section 15-24-2 - Definitions.

Section 15-24-2
Definitions.
For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section:
(1) COURT. The court having jurisdiction over the offense charged.
(2) DEFENDANT. Any person accused of a criminal offense against state laws.
(3) INTELLECTUALLY DISABLED PERSON. A person with significant subaverage general intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period, as measured by appropriate standardized testing instruments.
(Acts 1985, No. 85-652, p. 1020, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 24 - Defendants With Intellectual Disability. › Section 15-24-3 - Filing of Affidavit That Defendant Is Intellectually Disabled.

Section 15-24-3
Filing of affidavit that defendant is intellectually disabled.
Following the arrest and detention of any person for an offense against the laws of this state, either the defendant or the state may, by verified affidavit filed with the court having jurisdiction, establish that the defendant is a person who has been identified as intellectually disabled and has received or is presently receiving services through the Department of Mental Health, a program certified by the Department of Mental Health, or the Department of Education.
(Acts 1985, No. 85-652, p. 1020, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 24 - Defendants With Intellectual Disability. › Section 15-24-4 - Affidavit Furnished to Judge, Prosecutor, and Defendant's Attorney; Use of Affidavit.

Section 15-24-4
Affidavit furnished to judge, prosecutor, and defendant's attorney; use of affidavit.
The verified affidavit shall be furnished to the trial judge, prosecutor, and defendant's attorney. Said affidavit may be used in connection with the decisions relative to bail hearings, determination of place of detention, and ultimate disposition of such case.
(Acts 1985, No. 85-652, p. 1020, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 24 - Defendants With Intellectual Disability. › Section 15-24-5 - Proceedings Upon Finding Defendant to Be Intellectually Disabled.

Section 15-24-5
Proceedings upon finding defendant to be intellectually disabled.
If the defendant is determined by the court to be intellectually disabled, the judge may:
(1) Consider the information submitted in determining the need for pretrial release along with appropriate conditions, or
(2) Order that the defendant, if he is not released, be accorded placement consistent with his special status so as to better protect him during this period of pretrial confinement.
(Acts 1985, No. 85-652, p. 1020, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 24 - Defendants With Intellectual Disability. › Section 15-24-6 - Affidavit Part of Court Record; Use of Affidavit.

Section 15-24-6
Affidavit part of court record; use of affidavit.
The verified affidavit shall become a part of the court record and shall be available for proper use in bail hearings, determination of place of detention, and ultimate disposition of such case.
(Acts 1985, No. 85-652, p. 1020, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 24 - Defendants With Intellectual Disability. › Section 15-24-7 - Information Gained Under Chapter Inadmissible on Issue of Guilt.

Section 15-24-7
Information gained under chapter inadmissible on issue of guilt.
No information gained as a result of the provisions of this chapter shall be admissible in evidence either for or against the defendant on the issue of guilt in any criminal proceeding.
(Acts 1985, No. 85-652, p. 1020, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 1 - General Provisions. › Section 15-25-1 - Prosecution for Physical or Sexual Offense or Exploitation Involving Child Under Age 16 - Leading Questions of Victim or Witness Under Age 10.

Section 15-25-1
Prosecution for physical or sexual offense or exploitation involving child under age 16 - Leading questions of victim or witness under age 10.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
In any criminal prosecution for a physical offense or a sexual offense wherein the alleged victim is a child under the age of 16 years and in any criminal prosecution involving the sexual exploitation of a child under the age of 16, the court may allow leading questions at trial by the prosecution or defense of any victim or witness in a case who is under the age of 10, if the court determines that the allowance of leading questions will further the interests of justice. The court may on motion of the prosecution or the defense, or on its own motion, limit the scope and extent of any leading questions.
(Acts 1985, No. 85-743, p. 1194, §1; Acts 1994, No. 94-704, p. 1359, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 1 - General Provisions. › Section 15-25-4 - Appropriation for Equipment to View Videotaped Depositions.

Section 15-25-4
Appropriation for equipment to view videotaped depositions.
There is hereby appropriated from the State General Fund the sum of $104,400.00 to the unified judicial system to furnish courts with the necessary equipment to view videotaped depositions as provided for in this article.
(Acts 1985, No. 85-743, p. 1143, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 1 - General Provisions. › Section 15-25-5 - Use of Anatomically Correct Dolls or Mannequins During Testimony or Deposition of Victim or Witness Under Age 10.

Section 15-25-5
Use of anatomically correct dolls or mannequins during testimony or deposition of victim or witness under age 10.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
In any criminal proceeding and juvenile cases wherein the defendant is alleged to have had unlawful sexual contact or penetration with or on a child, the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged victim or witness who is under the age of 10 in testifying on direct and cross-examination at trial, or in a videotaped deposition as provided in this article.
(Acts 1985, No. 85-743, p. 1143, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 1 - General Provisions. › Section 15-25-6 - Actions to Minimize Length of Proceedings Stressful to Child; Considerations in Ruling on Motion for Delay or Continuance.

Section 15-25-6
Actions to minimize length of proceedings stressful to child; considerations in ruling on motion for delay or continuance.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, wherein the victim hereof or a witness to the offense is under the age of 16 years, the court and the district attorney shall take appropriate action to ensure a speedy trial in order to minimize the length of time the child must endure the stress of involvement in the proceedings. In ruling on any motion or other request for a delay or continuance of proceedings, the court shall consider and give weight to any adverse impact the delay or continuance may have on the well-being of a child victim or witness.
(Acts 1985, No. 85-743, p. 1143, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-30 - Short Title.

Section 15-25-30
Short title.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
This article shall be entitled "The Child Physical and Sexual Abuse Victim Protection Act."
(Acts 1989, No. 89-876, p. 1754, §1; Acts 1994, No. 94-704, p. 1359, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-31 - Out-of-Court Statement - When Admissible.

Section 15-25-31
Out-of-court statement - When admissible.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
An out-of-court statement made by a child under 12 years of age at the time the statement is made concerning an act that is a material element of any crime involving child physical offense, sexual offense, and exploitation, as defined in Section 15-25-39, which statement is not otherwise admissible in evidence, is admissible in evidence in criminal proceedings, if the requirements of Section 15-25-32 are met.
(Acts 1989, No. 89-876, p. 1754, §2; Acts 1994, No. 94-704, p. 1359, §1; Act 2016-354, §2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-32 - Out-of-Court Statement - Requirements for Admissibility.

Section 15-25-32
Out-of-court statement - Requirements for admissibility.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
An out-of-court statement may be admitted as provided in Section 15-25-31, if:
(1) The child testifies at the proceeding, or testifies by means of video tape deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as is provided in Section 15-25-3, and at the time of such testimony is subject to cross-examination about the out-of-court statements; or
(2)a. The child is found by the court to be unavailable to testify on any of these grounds:
1. The child's death;
2. The court finds that there are reasonable grounds to believe that the defendant or someone acting on behalf of the defendant has intentionally removed the child from the jurisdiction of the court;
3. The child's total failure of memory;
4. The child's physical or mental disability;
5. The child's incompetency, including the child's inability to communicate about the offense because of fear or a similar reason; or
6. Substantial likelihood that the child would suffer severe emotional trauma from testifying at the proceeding or by means of closed circuit television; and
b. The child's out-of-court statement is shown to the reasonable satisfaction of the court to possess particularized guarantees of trustworthiness.
(Acts 1989, No. 89-876, p. 1754, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-33 - Expert Testimony as to Unavailability of Child to Testify.

Section 15-25-33
Expert testimony as to unavailability of child to testify.
A finding of unavailability under Section 15-25-32(2)a.1., 3., 4., 5. and 6. must be supported by expert testimony.
(Acts 1989, No. 89-876, p. 1754, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-34 - Corroborative Evidence Prerequisite to Admission of Statement.

Section 15-25-34
Corroborative evidence prerequisite to admission of statement.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
Before a statement may be admitted pursuant to this article on the grounds that the child declarant is unavailable as a witness, such statement may be admitted only if there is corroborative evidence of the act.
(Acts 1989, No. 89-876, p. 1754, §4.5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-35 - Notice to Adverse Party.

Section 15-25-35
Notice to adverse party.
The proponent of the statement must inform the adverse party of the opponent's intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement before the proceeding at which it is offered.
(Acts 1989, No. 89-876, p. 1754, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-36 - Court to Inform Jury as to Out-of-Court Statement.

Section 15-25-36
Court to inform jury as to out-of-court statement.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of such out-of-court statement.
(Acts 1989, No. 89-876, p. 1754, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-37 - Factors in Considering Trustworthiness of Statement.

Section 15-25-37
Factors in considering trustworthiness of statement.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
In determining whether a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b, the court shall consider any one, but is not limited to, the following factors:
(1) The child's personal knowledge of the event;
(2) The age and maturity of the child;
(3) Certainty that the statement was made, including the credibility of the person testifying about the statement;
(4) Any apparent motive the child may have to falsify or distort the event, including bias, corruption, or coercion;
(5) The timing of the child's statement;
(6) Whether more than one person heard the statement;
(7) Whether the child was suffering from pain or distress when making the statement;
(8) The nature and duration of any alleged abuse;
(9) Whether the child's young age makes it unlikely that the child fabricated a statement that represents a graphic, detailed account beyond the child's knowledge and experience;
(10) Whether the statement has a "ring of verity," has an internal consistency or coherence, and uses terminology appropriate to the child's age;
(11) Whether the statement is spontaneous or directly responsive to questions;
(12) Whether the statement is suggestive due to improperly leading questions;
(13) Whether extrinsic evidence exists to show the defendant's opportunity to commit the act complained of in the child's statement.
(Acts 1989, No. 89-876, p. 1754, §7.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-39 - "A Child Physical Offense, Sexual Offense, and Exploitation" Defined.

Section 15-25-39
"A child physical offense, sexual offense, and exploitation" defined.
THIS SECTION WAS AMENDED BY ACT 2022-201 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
For purposes of this article, "a child physical offense, sexual offense, and exploitation" is defined to include the following crimes, when one or more of the victims is a child under 12 years of age:
(1) Rape in any degree.
(2) Sodomy in any degree.
(3) Sexual abuse in any degree.
(4) Sexual misconduct.
(5) Enticing a child to enter a vehicle, room, house, office, or other place, for immoral purposes.
(6) Any crime involving the production of child pornography.
(7) Torture and willful abuse of a child under 18 years of age by responsible person as defined in Section 26-15-3.
(8) Sexual torture as defined in Section 13A-6-65.1.
(9) Attempted murder.
(10) Assault first degree.
(11) Assault second degree.
(12) Assault third degree.
(13) Harassment.
(Acts 1989, No. 89-876, p. 1754, §9; Acts 1994, No. 94-704, p. 1359, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 25 - Child Victims and Witnesses in Prosecutions for Sexual Offenses and Exploitation Involving Children. › Article 2 - The Child Sexual Abuse Victim Protection Act of 1989. › Section 15-25-40 - Effect Upon Otherwise Admissible Out-of-Court Statements.

Section 15-25-40
Effect upon otherwise admissible out-of-court statements.
Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this article did not exist.
(Acts 1989, No. 89-876, p. 1754, §10.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding. › Section 15-26-1 - Conduct of Pre-Trial Proceeding by Audio-Video Communication Device.

Section 15-26-1
Conduct of pre-trial proceeding by audio-video communication device.
Whenever the law requires a defendant in a criminal case to appear before any judge or magistrate for a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the discretion of the court, the proceeding may be conducted by an audio-video communication device, in which case the defendant shall not be required to be physically brought before the judge or magistrate. The audio-video communication shall enable the judge or magistrate to see and converse simultaneously with the defendant or other person and operate so that the defendant and his or her counsel, if any, can communicate privately, and so that the defendant and his or her counsel are both physically present in the same place during the audio-video communication. The signal of the audio-video communication shall be transmitted live and shall be secure from interception through lawful means by anyone other than the persons communicating. Nothing herein shall be construed as affecting the defendant's right to waive counsel.
(Acts 1996, No. 96-732, p. 1224, §1.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding. › Section 15-26-2 - Physical Presence of Defendant Not Required.

Section 15-26-2
Physical presence of defendant not required.
THIS SECTION WAS AMENDED BY ACT 2022-375 IN THE 2022 REGULAR SESSION, EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) If the court has provided for the use of an audio-video communication system to facilitate communication between the court and the defendant during any pre-trial, bench trial, or post trial proceeding, the physical presence of the defendant in open court during the proceeding shall not be required.
(b) It is the intent of the Legislature that pursuant to Amendment 328 of the Constitution of Alabama of 1901, now appearing as Section 150 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, the Supreme Court of Alabama shall amend its rules to conform with this section and Section 15-26-1.
(Acts 1996, No. 96-732, p. 1224, §2; Act 2022-375, §§1, 2.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding. › Section 15-26-3 - Electronic Filing of Documents.

Section 15-26-3
Electronic filing of documents.
Any documents filed during the audio-video communication may be transmitted electronically, including but not limited to, facsimile, personal computers, host computers, other terminal devices, and local, state, and national data networks. The electronic data transmission may be served or executed by the person to whom it is sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures on the electronic data transmission shall be treated as original signatures.
(Acts 1996, No. 96-732, p. 1224, §3.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding. › Section 15-26-4 - Utilization of Audio-Video Communication by Law Enforcement Officer.

Section 15-26-4
Utilization of audio-video communication by law enforcement officer.
Any law enforcement officer issuing a Uniform Traffic Ticket and Complaint or a Uniform Non-Traffic Citation and Complaint within the jurisdiction of the court may utilize audio-video communication equipment to acknowledge under oath facts alleged on the complaint. The audio-video communication shall operate in a manner which will allow the judge or magistrate and the law enforcement officer to simultaneously view and verbally communicate with each other.
(Acts 1996, No. 96-732, p. 1224, §4.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding. › Section 15-26-5 - Conduct of Grand Jury Proceeding Involving Sworn Police Officers by Audio-Video Communication Device.

Section 15-26-5
Conduct of grand jury proceeding involving sworn police officers by audio-video communication device.
At the discretion of the district attorney, any grand jury proceeding involving sworn police officers may be conducted by an audio-video communication device. The audio-video communication shall enable the district attorney, the grand jury, and the sworn police officer to see and converse simultaneously with each other. The signal of the audio-video communication shall be transmitted live and shall be secure from interception or eavesdropping by anyone other than the persons communicating.
(Acts 1996, No. 96-732, p. 1224, §5.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 26 - Audio-Video Communication for Criminal Pre-Trial Proceeding. › Section 15-26-6 - Location of Television Monitors.

Section 15-26-6
Location of television monitors.
For any proceeding which is required to be open to the public, television monitors shall be situated in the courtroom and at the place of incarceration to ensure the public, the court, and the defendant a clear view of the proceedings.
(Acts 1996, No. 96-732, p. 1224, §6.)
2023 Code of Alabama › Title 15 - Criminal Procedure. › Chapter 27 - Expungement. › Section 15-27-2.1 - Limitations on Number of Expungements Granted.

Section 15-27-2.1
Limitations on number of expungements granted.
(a)(1) A person may be granted unlimited expungements pursuant to subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-1, subdivisions (a)(1) through (a)(5) and (a)(7) and (a)(8) of Section 15-27-2, and subsection (b) of Section 15-27-2.
(2) A person may only be granted one expungement pursuant to subsection (c) of Section 15-27-2.
(3) A person may only be granted two expungements pursuant to subdivision (a)(6) of Section 15-27-1, subsection (b) of Section 15-27-1, and subdivision (a)(6) of Section 15-27-2.
(b) For the purposes of subsection (a), one expungement shall include all charges or convictions stemming from the same arrest or incident.
(c) The Administrative Office of Courts, in consultation with the Alabama State Law Enforcement Agency, shall adopt procedures relating to prior expungements for the purposes of the limitations in this section.
(d) Act 2021-286 may not be interpreted to supersede, modify, or otherwise affect the application of Sections 15-27-14 or 15-27-20.
(Act 2021-286, §§3, 4.)