Alabama Statutes

Title 15 — CRIMINAL PROCEDURE.

Chapter 1 — GENERAL PROVISIONS.
- Section 15-1-1 Effect of rules of Supreme Court of Alabama.
- Section 15-1-2 Limits on interviews of victims of sexual abuse or exploitation under 12 years of age; confidentiality of court records of victims under 18 years of age.
- Section 15-1-3 Foreign language interpreters.
Chapter 2 — JURISDICTION AND VENUE.
- Section 15-2-1 All persons liable for offenses committed in Alabama; exception.
- Section 15-2-2 Venue - County where offense committed.
- Section 15-2-20 Application; appeal from denial; when defendant's personal presence unnecessary.
- Section 15-2-21 Change on motion of trial judge.
- Section 15-2-22 Witnesses.
- Section 15-2-23 Examination of prosecution witnesses on interrogatories upon change of venue in misdemeanor cases.
- Section 15-2-24 Removal to nearest county; only one removal allowed.
- Section 15-2-25 Duty of clerk of court to forward case materials.
- Section 15-2-26 Trial on certified copy of indictment; correction of transcript mistakes and certification of omitted portion of record.
- Section 15-2-27 Issuance of subpoenas for trial witnesses.
- Section 15-2-3 Venue - Offense commenced in state and consummated elsewhere.
- Section 15-2-4 Venue - Offense commenced outside state and consummated within state.
- Section 15-2-5 Venue - Stolen property brought into state.
- Section 15-2-6 Venue - Offense committed in more than one county.
- Section 15-2-7 Venue - Offense committed on or near county boundary.
- Section 15-2-8 Venue - Forcible marriage, prostitution, detaining child, kidnapping, etc.
- Section 15-2-9 Venue - Carrying stolen property into another county.
Chapter 3 — LIMITATIONS ON PROSECUTION.
- Section 15-3-1 Felonies generally.
- Section 15-3-2 Misdemeanors.
- Section 15-3-3 Conversion of public revenues.
- Section 15-3-4 Unlawful taking or using temporarily of property.
- Section 15-3-5 Offenses having no limitation.
- Section 15-3-6 When time elapsing between preferring of first charge and subsequent indictment deducted from time limitation.
- Section 15-3-7 When prosecution deemed commenced.
- Section 15-3-8 Crimes punishable under different provisions.
Chapter 4 — CORONERS' INQUESTS.
- Section 15-4-1 Duty of coroner to take sworn statement on death; direction to summon jury; service, compensation and oath of jurors.
- Section 15-4-10 Money and property of deceased to be delivered to county treasurer; exception; disposition of property and proceeds therefrom.
- Section 15-4-11 Fees of physician or surgeon for postmortem, autopsy and internal examinations; recovery of costs by county against estate.
- Section 15-4-2 Examination of body and report by coroner; postmortem, autopsy or internal examination of body and report by physician or surgeon.
- Section 15-4-3 Subpoenas for witnesses; witnesses to be summoned and examined.
- Section 15-4-4 Service of subpoenas; proceedings against defaulting witnesses; endorsement as presumptive evidence of default.
- Section 15-4-5 Refusal of witness to answer questions.
- Section 15-4-6 Right of coroner to administer oaths.
- Section 15-4-7 Rendition of verdict by jury and certification by inquisition; contents of inquisition.
- Section 15-4-8 Return of inquisition and preliminary investigation to circuit court; undertaking of witnesses to appear in court.
- Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused before judge.
Chapter 5 — SEARCHES AND SEIZURES.
- Section 15-5-1 "Search warrant" defined.
- Section 15-5-10 Taking of property.
- Section 15-5-11 Receipt for property taken.
- Section 15-5-12 Warrant to be executed and returned within 10 days.
- Section 15-5-13 Contents of return; copies to be furnished.
- Section 15-5-14 Disposition of taken property by court if property stolen or embezzled.
- Section 15-5-15 Hearing on controverted grounds; authentication of testimony as to such facts.
- Section 15-5-16 Restoration of taken property to defendant; property to be forwarded to court if not restored.
- Section 15-5-17 Searching of person charged with felony for weapon or evidence in judge's or magistrate's presence.
- Section 15-5-18 Payment of fees and costs.
- Section 15-5-19 Penalty for procuring maliciously and without probable cause.
- Section 15-5-2 Grounds for issuance.
- Section 15-5-3 Probable cause and affidavit required.
- Section 15-5-30 Authority of peace officer to stop and question.
- Section 15-5-31 Search for dangerous weapon; procedure if weapon or other thing found.
- Section 15-5-4 Examination of complainant and witnesses; contents of depositions.
- Section 15-5-5 Issuance of warrant.
- Section 15-5-6 Form.
- Section 15-5-7 By whom executed.
- Section 15-5-8 When executed; time of execution to be stated.
- Section 15-5-9 Authority of serving officer to break into house.
Chapter 6 — PEACE PROCEEDINGS AND PROCEEDINGS TO PRESERVE ORDER.
- Section 15-6-1 Sheriff principal conservator of the peace.
- Section 15-6-2 Judges authorized to require persons to give security to keep peace.
- Section 15-6-20 Examination of complainant and witnesses; form of affidavit.
- Section 15-6-21 Arrest warrant.
- Section 15-6-22 Hearing; discharge of defendant; continuation of hearing.
- Section 15-6-23 When costs to be paid by complainant.
- Section 15-6-24 Requiring security to keep the peace by defendant; when court appearance required; form of undertaking.
- Section 15-6-25 Discharge of defendant; commitment to jail; contents of commitment warrant.
- Section 15-6-26 Prosecution costs; execution for collection.
- Section 15-6-3 Offense committed or threatened in presence of judge.
- Section 15-6-4 Refusal, etc., of municipal official to comply with order of Governor.
- Section 15-6-40 Appeal to circuit court; form of undertaking on appeal.
- Section 15-6-41 Return on appeal; contempt for failure.
- Section 15-6-42 Examination anew on appeal; disposition of case; costs.
- Section 15-6-43 Effect of failing to sustain appeal.
- Section 15-6-60 Upon conviction.
- Section 15-6-61 Forfeiture; remittance of amount specified.
Chapter 7 — INITIATION OF PROCEEDINGS BY COMPLAINT.
- Section 15-7-1 "Complaint" defined.
- Section 15-7-2 Examination of complainant and witnesses; taking of depositions.
- Section 15-7-20 Discharge of defendant - By arresting officer.
- Section 15-7-21 Discharge of defendant - By judge or magistrate; certification and delivery of warrant with undertaking.
- Section 15-7-22 Presumption offense of aggravated nature.
- Section 15-7-3 Warrant of arrest - When issued.
- Section 15-7-4 Warrant of arrest - Defined; contents; form.
Chapter 8 — INDICTMENTS.
- Section 15-8-1 "Indictment" defined.
- Section 15-8-110 Preferring of new indictment; form of entry of record.
- Section 15-8-111 Utilization of record copy.
- Section 15-8-130 Permission of court required to quash, dismiss, etc., indictment.
- Section 15-8-131 Preferring of new indictment where judgment arrested or original indictment quashed; entry of record.
- Section 15-8-150 Contents; sufficiency; use of analogous forms.
- Section 15-8-2 Indictable offenses.
- Section 15-8-20 Offenses charged or described as at common law.
- Section 15-8-21 Statutory language unnecessary.
- Section 15-8-22 General terms used for special statutory terms.
- Section 15-8-23 Manner of stating act constituting offense.
- Section 15-8-24 When alleged act done in public place suffices.
- Section 15-8-25 How facts constituting offense to be stated.
- Section 15-8-26 Charging of unknown facts.
- Section 15-8-27 Allegation of unknown means.
- Section 15-8-28 Name of defendant when unknown.
- Section 15-8-29 General allegation of intent to injure or defraud.
- Section 15-8-3 Required contents.
- Section 15-8-30 Statement of time.
- Section 15-8-31 Allegation of venue unnecessary; proof of same at trial.
- Section 15-8-32 Statement of legal presumptions and matters judicially known unnecessary.
- Section 15-8-33 How ownership of property alleged.
- Section 15-8-34 Description of animal in indictment for offense concerning same.
- Section 15-8-35 Indictment for forgery of instrument destroyed or withheld.
- Section 15-8-36 Perjury and subornation of perjury; indictment.
- Section 15-8-4 Formal defects not fatal.
- Section 15-8-5 Construction of words used.
- Section 15-8-50 Allegation of different means or intents.
- Section 15-8-51 Charging different results from same act.
- Section 15-8-52 Joinder of offenses in same count.
- Section 15-8-70 Presentation to court and endorsement; limitations on entry in minutes and inspection.
- Section 15-8-71 Withdrawal and filing of indictment with leave to reinstate same.
- Section 15-8-72 Recording and safekeeping; when record book required to be produced; use of photograph or photostat machines.
- Section 15-8-90 When allowed.
- Section 15-8-91 Prosecution dismissed where amendment not consented to by defendant; new indictment; form of entry of record.
Chapter 9 — FUGITIVES FROM JUSTICE, EXTRADITION AND DETAINERS.
- Section 15-9-1 Information leading to arrest and conviction - Crimes punishable by death or life imprisonment.
- Section 15-9-100 Transfer of foreign nationals imprisoned in Alabama to country of citizenship.
- Section 15-9-2 Information leading to arrest and conviction - High crime or misdemeanor committed in municipality.
- Section 15-9-20 Definitions.
- Section 15-9-3 Governor may offer reward for apprehension or rearrest of perpetrator of felony or escaped, etc., felon.
- Section 15-9-30 Duty of Governor to have arrested and deliver foreign fugitive.
- Section 15-9-31 Form of demand.
- Section 15-9-32 Investigation of demand.
- Section 15-9-33 What supporting documents to show.
- Section 15-9-34 Surrender of person committing act in Alabama resulting in crime in another state.
- Section 15-9-35 Arrest warrant - Issuance; contents.
- Section 15-9-36 Arrest warrant - Authorization to arresting officer.
- Section 15-9-37 Authority of arresting officer to command assistance; refusal to assist arresting officer.
- Section 15-9-38 Right of arrestee to be informed; application for writ of habeas corpus; penalty for violation of section.
- Section 15-9-39 Confinement of prisoner.
- Section 15-9-4 Deciding of claims to rewards by courts.
- Section 15-9-40 Arrest prior to requisition.
- Section 15-9-41 Arrest without warrant - When authorized; persons authorized to make arrest; appearance of accused before judge.
- Section 15-9-42 Arrest without warrant - Commitment to jail or admission to bail.
- Section 15-9-43 Arrest without warrant - When accused to be admitted to bail; conditions of bail.
- Section 15-9-44 Arrest without warrant - Failure to arrest accused on Governor's warrant within time specified.
- Section 15-9-45 Arrest without warrant - Forfeiture of bail.
- Section 15-9-46 When prosecution already instituted in Alabama.
- Section 15-9-47 Inquiry into guilt or innocence of accused.
- Section 15-9-48 Constraint on use for collection of debt, demand or claim.
- Section 15-9-49 Recall of warrant or issuance of alias.
- Section 15-9-60 Warrant for fugitives from Alabama.
- Section 15-9-61 Application by district attorney to Governor for requisition; filing and forwarding of papers and requisition.
- Section 15-9-62 Payment of expenses of returning accused to Alabama; fees and expenses of officers.
- Section 15-9-63 Exemption from process in civil actions.
- Section 15-9-64 Trial for crimes other than those specified in requisition.
- Section 15-9-65 Fees and expenses of sheriff when accused returns without requisition.
- Section 15-9-80 Short title.
- Section 15-9-81 Adoption and text of agreement on detainers.
- Section 15-9-82 Right of prisoner to final disposition of untried indictments, etc., pending against him; duty of official having custody of prisoners to inform prisoners of untried indictments, etc.;
- Section 15-9-83 Action by official having custody of prisoner upon receipt of request for final determination.
- Section 15-9-84 Time within which indictment, etc., to be brought to trial; continuances; failure to bring indictment, etc., to trial within specified time.
- Section 15-9-85 Escape by prisoner after request filed.
- Section 15-9-86 Article inapplicable to mentally ill persons.
- Section 15-9-87 Notice to prisoners of provisions of article.
- Section 15-9-88 Construction of article.
Chapter 10 — ARRESTS.
- Section 15-10-1 Officers authorized to make arrests.
- Section 15-10-10 Where warrant to be executed; endorsement when executed in different county.
- Section 15-10-11 Authority of officer to pursue and arrest defendant in another county on warrant from municipal court.
- Section 15-10-12 When defendant to be taken before judge or magistrate issuing warrant.
- Section 15-10-13 When arrest warrant endorsed by judge or magistrate; liability of judge or magistrate on endorsement.
- Section 15-10-14 Detention and arrest of person suspected of larceny of goods held for sale.
- Section 15-10-2 When officer may execute warrant; authority of officer to break and enter dwelling house.
- Section 15-10-3 Arrest without warrant - Generally; definitions; written report.
- Section 15-10-30 Arrest without process when defendant present.
- Section 15-10-4 Arrest without warrant - Duty of arresting officer; authority of officer to break and enter dwelling house.
- Section 15-10-40 Issuance by clerk, district attorney or judge.
- Section 15-10-41 Form of writ - Felony.
- Section 15-10-42 Form of writ - Misdemeanor.
- Section 15-10-43 Alias and pluries writs.
- Section 15-10-44 Execution of writ by sheriff or deputy.
- Section 15-10-45 Execution of writs, attachments and other process in adjoining county.
- Section 15-10-46 Copy of arrest writ to be delivered to jailer.
- Section 15-10-47 Return of writs by sheriff; duty of clerks to accept returns by mail; failure of sheriffs to comply with section.
- Section 15-10-6 Offense committed in presence of judge or magistrate.
- Section 15-10-60 Definition; procedure.
- Section 15-10-7 Arrests by private persons.
- Section 15-10-70 Duty of arresting officer and sheriff of other county.
- Section 15-10-71 Application for removal order; granting of order.
- Section 15-10-72 Endorsement on removal order.
- Section 15-10-73 Application for guard in removal of prisoner; endorsement by court if application granted; guards for prisoners charged with misdemeanors.
- Section 15-10-74 Arrest powers of peace officer in fresh pursuit.
- Section 15-10-8 When notice of arrest for capital felony to be given to Governor or chief justice.
- Section 15-10-9 Rearrest after escape or rescue.
- Section 15-10-90 Sheriffs to fingerprint persons taken into custody; disposition of copies of fingerprints.
- Section 15-10-91 Central state assembling agency for receipt of fingerprint records designated; duties thereof.
- Section 15-10-92 Furnishing of fingerprinting equipment generally.
- Section 15-10-93 Furnishing of fingerprint cards and envelopes.
Chapter 11 — PRELIMINARY HEARINGS.
- Section 15-11-1 Right of person arrested for felony to hearing; failure of defendant to appear at hearing.
- Section 15-11-10 When defendant committed to bail or jail; form of commitment.
- Section 15-11-11 Amount of bail to be endorsed on commitment; discharge of defendant.
- Section 15-11-12 Requiring witnesses to enter undertaking; form of undertaking.
- Section 15-11-13 Requiring sureties of married women and minors when witnesses for prosecution.
- Section 15-11-14 Failure or refusal of witness to enter undertaking; discharge of witness upon entering into undertaking.
- Section 15-11-15 Court to report when person held on indictment; report when no committals.
- Section 15-11-2 Jurisdiction of district court; prosecution not barred by finding of no probable cause.
- Section 15-11-3 Adjournment; commitment of defendant to jail or bail.
- Section 15-11-4 Default of defendant admitted to bail certified to circuit court; district court's certificate as presumptive evidence of default.
- Section 15-11-5 Issuance of alias arrest warrant upon default.
- Section 15-11-6 Examination of complainant and witnesses.
- Section 15-11-7 Appearance by counsel for defendant; separation of witnesses; control of hearing.
- Section 15-11-8 Duty of court to examine all witnesses.
- Section 15-11-9 When defendant to be discharged.
Chapter 12 — DEFENSE OF INDIGENTS.
- Section 15-12-1 Definitions.
- Section 15-12-2 Determination as to indigent defense systems to be used in circuit, district and municipal courts.
- Section 15-12-20 Matters to be ascertained by trial judges as to representation of defendants prior to arraignment.
- Section 15-12-21 Appointment and compensation of counsel - Trial court.
- Section 15-12-22 Appointment and compensation of counsel - Appeals.
- Section 15-12-23 Appointment and compensation of counsel - Postconviction proceedings.
- Section 15-12-24 Calculation of rates.
- Section 15-12-24.1 Withdrawals from fair trial tax fund to pay expenses.
- Section 15-12-25 Reimbursement of fees of court appointed counsel by defendant; default.
- Section 15-12-26 Contract counsel system - Commission to choose counsel; employment contract.
- Section 15-12-27 Contract counsel system - Compensation.
- Section 15-12-28 Contract counsel system - Records, reports, and attorney-client communications.
- Section 15-12-29 Contract counsel system - Construction of sections.
- Section 15-12-3 Presiding circuit judges to administer indigent defense systems within circuits; adoption of rules for effectuation of systems by circuit courts.
- Section 15-12-4 Circuit indigent defense commissions.
- Section 15-12-40 Selection.
- Section 15-12-41 Term of office; removal; requirement of full-time service.
- Section 15-12-42 Powers and duties generally.
- Section 15-12-43 Compensation and expenses generally.
- Section 15-12-44 Records and reports; confidentiality of attorney-client communications.
- Section 15-12-45 Approval of expenditures for attorneys, investigators, nonpersonnel expenses of defender, etc.
- Section 15-12-46 Provisions of article not to exclude establishment of appointed counsel systems or appointment of counsel in event of conflict of interest of public defender, etc.
- Section 15-12-5 Determination of indigency and provision of defense counsel generally.
- Section 15-12-6 Compensation of appointed counsel generally.
Chapter 13 — BAIL.
- Section 15-13-1 Definitions.
- Section 15-13-100 Short title.
- Section 15-13-101 Definitions.
- Section 15-13-102 Definitions and purpose of bail.
- Section 15-13-103 Order and amount of bail.
- Section 15-13-104 Order of bail to be affixed to warrants.
- Section 15-13-105 Order of bail in warrantless arrest cases.
- Section 15-13-106 Illegal commitment.
- Section 15-13-107 Who may or shall accept, take, and approve bail and under what circumstances.
- Section 15-13-108 Bail as a matter of right.
- Section 15-13-109 Bail in probation violation cases.
- Section 15-13-110 Professional bondsmen - Right to interview.
- Section 15-13-111 Kinds of bail.
- Section 15-13-112 Bond forms.
- Section 15-13-113 Effect of undertaking: To what extent binds parties thereto.
- Section 15-13-114 Obligation of sureties continues during trial.
- Section 15-13-115 Obligation of sureties in probation cases.
- Section 15-13-116 Surrender of principal in open court.
- Section 15-13-117 Authorized arrest of defendant by surety and exoneration of bail prior to conditional forfeiture.
- Section 15-13-118 Arrest of defendant by surety after conditional forfeiture.
- Section 15-13-119 Surrender of defendant to his or her original custodians necessary to exonerate bail; when new bail is allowed.
- Section 15-13-120 Substitution of bail.
- Section 15-13-121 Bail not discharged by irregularities or by want of qualifications.
- Section 15-13-122 Bondsman's process - Detainer.
- Section 15-13-123 Surety discharged - Failing to accept detainer.
- Section 15-13-124 Bondsman's process.
- Section 15-13-125 When the clerk shall issue a bondsman's process.
- Section 15-13-126 Return of bondsman's process.
- Section 15-13-127 Bondsman's processes have certified copy of undertaking attached.
- Section 15-13-128 Form for bondsman's process.
- Section 15-13-129 Arrest of principal by out-of-state surety.
- Section 15-13-130 Cash bail - Undertaking of bail: Basis of and when forfeited.
- Section 15-13-131 Proceeding in forfeiture of bail - Not cash - Conditional forfeitures order.
- Section 15-13-132 Conditional forfeiture notice to defendant and sureties.
- Section 15-13-133 Provisions of sureties address for service.
- Section 15-13-134 Service of forfeiture notice.
- Section 15-13-135 Returns "not found" or certified mail returned.
- Section 15-13-136 Failure to issue and serve conditional forfeiture in 90 days.
- Section 15-13-137 Conditional judgment set aside, reduced, or made absolute.
- Section 15-13-138 Conditions for which it shall be mandatory for the court to set aside forfeiture.
- Section 15-13-139 Remission after final judgment of forfeiture.
- Section 15-13-140 Reasons for default heard at any time, and allowed without costs.
- Section 15-13-141 Revocation of authority to execute bail by clerk.
- Section 15-13-142 Judicial public bail - Authority of release person.
- Section 15-13-143 Procedure for bail hearings.
- Section 15-13-144 Notice to prosecutor.
- Section 15-13-145 Defendants who may be eligible.
- Section 15-13-146 Judicial public bail release.
- Section 15-13-147 Determination of conditions of release.
- Section 15-13-148 Additional conditions.
- Section 15-13-149 Order of release.
- Section 15-13-150 Cumulative punishment.
- Section 15-13-151 Evidence.
- Section 15-13-152 Qualification for property bail.
- Section 15-13-153 Value of property determined by approving authority.
- Section 15-13-154 False information on property affidavit.
- Section 15-13-155 Property owners as surety - Limited.
- Section 15-13-156 Filing of lien in default cases - Release.
- Section 15-13-157 Collection - Property bail forfeitures.
- Section 15-13-158 Cash bail: Deposit with clerk.
- Section 15-13-159 Qualifications - Professional surety company.
- Section 15-13-160 Qualifications - Professional bail companies.
- Section 15-13-161 Filing original documents - Circuit clerk.
- Section 15-13-162 Surety bond and escrow agreements - Forms.
- Section 15-13-163 Revocation by circuit judges.
- Section 15-13-164 Misrepresentation as surety.
- Section 15-13-190 Procedures upon arrest; conditions of release or bail.
- Section 15-13-2 Allowance as matter of right prior to conviction.
- Section 15-13-20 Entry in minutes when taken in open court; form of entry.
- Section 15-13-21 Form and requisites of bail not taken in open court.
- Section 15-13-22 Qualifications for bail; bond required for bondsmen; qualification when sufficiency of bail doubtful.
- Section 15-13-23 Lunatics and infants.
- Section 15-13-24 Judicial and ministerial officers prohibited from becoming surety for bail or signing bonds, etc.
- Section 15-13-25 Return of undertakings to clerk of court.
- Section 15-13-26 When new undertaking may be required.
- Section 15-13-3 Persons charged with capital offense.
- Section 15-13-4 Prisoners entitled to opportunity to give bail; release of prisoner on own recognizance.
- Section 15-13-40 When deposit authorized in lieu of bail.
- Section 15-13-41 Deposit permitted after bail given and prior to forfeiture; exoneration of bail.
- Section 15-13-42 Application in satisfaction of fine; refund of surplus.
- Section 15-13-43 Deposit of federal or state bonds in lieu of cash; sale of bonds.
- Section 15-13-5 Discharge of defendant by sheriff or deputy after indictment for misdemeanor.
- Section 15-13-6 Fixing of bail for felony; discharge of defendant by sheriff upon posting of bail.
- Section 15-13-60 Extent undertaking binds parties thereto.
- Section 15-13-61 When bail not deemed discharged.
- Section 15-13-62 Exoneration of bail by surrender of defendant prior to conditional judgment; bail may arrest or authorize arrest of principal.
- Section 15-13-63 Arrest of defendant by bail after conditional judgment.
- Section 15-13-64 Surrender of defendant to sheriff required to exonerate bail; when new bail allowed.
- Section 15-13-65 Return of cash deposit upon surrender by defendant.
- Section 15-13-7 Amount to be endorsed on writ of arrest.
- Section 15-13-8 Limitation on number of applications; appeals to Court of Criminal Appeals; procedure upon order of Court of Criminal Appeals admitting defendant to bail.
- Section 15-13-80 Failure of defendant to appear; forfeiture of money deposited in lieu of bail.
- Section 15-13-81 Conditional judgment - Entry; notice to defendant; execution and return of notice; alias notices.
- Section 15-13-82 Conditional judgment - When set aside or made absolute; when excuses for default heard.
Chapter 14 — TRIAL ARRANGEMENTS.
- Section 15-14-1 Duty of circuit clerk to set cases for trial.
- Section 15-14-2 Defendant not to be tried until case on docket one day.
- Section 15-14-20 Election by jointly indicted defendants.
- Section 15-14-3 Fixing of time for trial of capital cases.
- Section 15-14-30 Demand for jury in misdemeanor cases in circuit court.
- Section 15-14-4 Court may allow omission in testimony to be supplied before argument concluded.
- Section 15-14-50 Short title.
- Section 15-14-51 Legislative findings; purpose of article.
- Section 15-14-52 Definitions.
- Section 15-14-53 Right of victim to be present in courtroom.
- Section 15-14-54 Victim may not be excluded from courtroom; removal generally.
- Section 15-14-55 Exemption from rule requiring exclusion of witnesses from court.
- Section 15-14-56 Designation of representative when victim unable to attend.
- Section 15-14-57 Effect of nonattendance of representative.
Chapter 15 — PLEADING.
- Section 15-15-1 Entry of not guilty plea for defendant upon refusal to plead.
- Section 15-15-2 Judgment may be pleaded without averring jurisdictional facts.
- Section 15-15-20.1 Non-capital felony offense.
- Section 15-15-21 Information preferred and filed against defendant.
- Section 15-15-22 Fixing of date to formally make and enter plea; service of notice.
- Section 15-15-23 Hearing of testimony; receiving of plea; entry of judgment; sentencing of defendant.
- Section 15-15-24 Determination of degree of offense and fixing of punishment; when jury impaneled.
- Section 15-15-25 When plea not accepted.
- Section 15-15-26 No right of appeal.
- Section 15-15-3 How plea determined.
- Section 15-15-4 Forms of pleas, replications, rejoinders and demurrers.
- Section 15-15-40 Objection to formation of grand jury or indictment generally.
- Section 15-15-41 When filed generally.
- Section 15-15-42 Verification.
- Section 15-15-43 Abatement of prosecution of misdemeanor in circuit court when case commenced and pending in district or municipal court.
- Section 15-15-44 When plea on ground grand jurors improperly drawn to be filed; procedure when plea sustained.
Chapter 16 — INSANITY.
- Section 15-16-1 Defense of insanity to be by special plea.
- Section 15-16-2 Presumption of responsibility for acts; burden of proving irresponsibility.
- Section 15-16-20 Duty of judge to institute investigation on sanity of certain confined persons; proceedings where person found insane.
- Section 15-16-21 Suspension of felony trial to inquire into accused's sanity; proceedings upon jury findings; resumption of proceedings when sanity restored; release restriction.
- Section 15-16-22 Duty of judge to order examination of defendant in capital cases; observation and examination of defendant by commission on lunacy; report by commission; order of clerk of court; expe
- Section 15-16-23 Suspending execution of death sentence of insane convict; order upon restoration to sanity; limitations on jurisdiction to suspend execution.
- Section 15-16-24 Special verdict of not guilty due to insanity; general verdict of not guilty or verdict of conviction.
- Section 15-16-3 Costs of moving prisoners to be defrayed by state; recovery of costs by state.
- Section 15-16-41 Determination of necessity for hearing as to involuntary commitment of defendant found not guilty by reason of insanity; subsequent proceedings.
- Section 15-16-42 Final hearing following finding of probable cause.
- Section 15-16-43 Commitment of defendant upon finding of mental illness.
- Section 15-16-60 Short title.
- Section 15-16-61 Definitions.
- Section 15-16-62 Defendant not released from custody unless authorized by court order.
- Section 15-16-63 Department must give notice of opinion that defendant is no longer mentally ill, poses no threat of substantial harm, etc.; inclusion in notice of conditional release plan.
- Section 15-16-64 Date of hearing; notice.
- Section 15-16-65 Appointed counsel; payment.
- Section 15-16-66 Release of defendant upon failure to hold hearing.
- Section 15-16-67 Determination as to condition of defendant; disposition of defendant.
- Section 15-16-68 Court-imposed conditions for release.
- Section 15-16-69 Specific conditions for conditional release must be stated; periodic reports regarding defendant's compliance; periodic reports not deemed violative of doctor-patient privilege.
- Section 15-16-70 Modification of release conditions or order to return for further treatment; notice of hearing; standard for modifications and orders.
- Section 15-16-71 Removal of conditions of release or release without conditions after notice and hearing.
Chapter 17 — VERDICT.
- Section 15-17-2 When jury cannot agree upon verdict as to all jointly tried defendants.
- Section 15-17-3 Conviction where act may be committed by different intents, modes or means.
- Section 15-17-4 Conviction if any result charged produced by act.
- Section 15-17-5 Grounds for granting new trials; costs thereof.
Chapter 18 — SENTENCE AND PUNISHMENT.
- Section 15-18-1 Legal punishments; sentencing; liability of Department of Corrections for costs.
- Section 15-18-100 Postponing execution of sentence pending commutation or pardon.
- Section 15-18-110 Short title.
- Section 15-18-111 Definitions.
- Section 15-18-112 Extension of limits of confinement authorized.
- Section 15-18-113 Eligibility.
- Section 15-18-114 Investigation by department regarding inmate suitability; notice required; objections.
- Section 15-18-115 Restitution; schedule of payment; disposition of unclaimed, etc., funds.
- Section 15-18-116 Forty-hour workweek required.
- Section 15-18-117 Supervision charge authorized.
- Section 15-18-118 Legal status of inmate involved in free community, etc.
- Section 15-18-119 Annual report required.
- Section 15-18-120 Commissioner required to promote public understanding of program, etc.
- Section 15-18-121 Penalty for failure to remain within limits of confinement, etc.
- Section 15-18-122 Exemption of program from Administrative Procedure Act.
- Section 15-18-123 Legislative review authorized.
- Section 15-18-140 Short title.
- Section 15-18-141 Legislative findings, etc.
- Section 15-18-142 Definitions.
- Section 15-18-143 Employment income withholding order - Generally.
- Section 15-18-144 Employment income withholding order - Assets of defendant to be withheld or attached.
- Section 15-18-145 Employment income withholding order - Nature of order.
- Section 15-18-146 Employment income withholding order - Service.
- Section 15-18-147 Employment income withholding order - Receipt and disposition of income, etc.
- Section 15-18-148 Employment income withholding order - Penalty for noncompliance.
- Section 15-18-149 Employment income withholding order - Person complying protected from actions for wrongful conversion, etc.
- Section 15-18-150 Employment income withholding order - Priority.
- Section 15-18-151 Employment income withholding order - Alteration, modification, etc.
- Section 15-18-170 Short title.
- Section 15-18-171 Definitions.
- Section 15-18-171.1 Community Corrections Division.
- Section 15-18-172 Establishment of program; funding; rules and regulations; participation in program.
- Section 15-18-173 Goals.
- Section 15-18-174 Powers, duties, authority of department.
- Section 15-18-175 Eligibility; exclusion; sentencing.
- Section 15-18-176 Plan submitted to department; format for plan; participation voluntary.
- Section 15-18-177 Drafting of plan.
- Section 15-18-178 Eligibility for contracts or grants; common facilities and cost sharing.
- Section 15-18-179 Application for incorporation; certificate of incorporation; amendment; board of directors; dissolution; funding; competitive bidding laws not applicable.
- Section 15-18-180 Funding for community-based programs, facilities, services; user fees; inmate wages.
- Section 15-18-181 Administrative costs; uniform accounting system; reports and records audited annually.
- Section 15-18-182 Eligibility for continued grant funding; additional incentive funding; noncompliance with plan.
- Section 15-18-183 Recovery of damages; exemption from civil liability.
- Section 15-18-184 Authority to maintain general liability insurance.
- Section 15-18-185 Inmate with medical condition in which treatment exceeds $2,000 to be transferred to department.
- Section 15-18-186 State-County Community Corrections Partnership Fund.
- Section 15-18-200 Motion by persons convicted of capital offense for foresnic DNA testing and analysis.
- Section 15-18-21 Offense punishable by imprisonment in county jail.
- Section 15-18-4 Service of state sentence concurrently with federal sentence in federal penal system.
- Section 15-18-5 Credit towards sentence for time spent incarcerated - Pending trial.
- Section 15-18-6 Credit towards sentence for time spent incarcerated - Time between recapture and return to penal system for recaptured escapees.
- Section 15-18-60 When prosecutor liable for costs.
- Section 15-18-61 Confession of judgment by prosecutor for costs.
- Section 15-18-62 Imprisonment for failure to pay fines and costs.
- Section 15-18-63 Imposition of additional hard labor to pay costs; when defendant discharged.
- Section 15-18-65 Legislative findings; purpose and construction of article.
- Section 15-18-66 Definitions.
- Section 15-18-67 Restitution hearing; order of restitution; persons entitled to be heard.
- Section 15-18-68 Criteria for determining restitution.
- Section 15-18-69 Objections to order; statement of findings.
- Section 15-18-7 Applicability of Sections 15-18-5 and 15-18-6 to prisoners presently incarcerated.
- Section 15-18-70 Method of payment of restitution; payment as condition of sentence suspension or probation.
- Section 15-18-71 Enforceability of order when defendant imprisoned; condition of parole.
- Section 15-18-72 Effect of default by defendant with suspended sentence, on probation or on parole.
- Section 15-18-73 Restitution by corporation, partnership, etc.; default as forfeiture of right to do business.
- Section 15-18-74 Supervision of parolee's restitution.
- Section 15-18-75 Civil action by victim of crime; credit for restitution paid.
- Section 15-18-76 Restitution centers - Establishment and operation; cooperation of counties and municipalities.
- Section 15-18-77 Restitution centers - Services; powers of Board of Pardons and Paroles, counties and municipalities.
- Section 15-18-78 Effect of restitution order; rights of victim, etc.; section cumulative and in pari materia with other statutes.
- Section 15-18-8 Terms of confinement, etc.; probation.
- Section 15-18-8.1 Rules and regulations.
- Section 15-18-80 Issuance and delivery of warrant for execution; delivery of condemned person; return of receipt; compensation of sheriff.
- Section 15-18-81 Confinement until execution; certain persons may visit condemned person.
- Section 15-18-82 When, where, and by whom executions conducted.
- Section 15-18-82.1 Method of execution; election of execution by electrocution; constitutionality.
- Section 15-18-83 Persons who may be present at execution.
- Section 15-18-84 Rearrest and execution of person escaping before execution.
- Section 15-18-85 Return of execution warrant, certificate and statements; payment for transportation of body.
- Section 15-18-86 Procedure when condemned female believed pregnant.
- Section 15-18-9 Penalties for persons previously convicted of felonies.
Chapter 19 — YOUTHFUL OFFENDERS.
- Section 15-19-1 Investigation and examination by court to determine how tried; consent of minor to trial without jury; arraignment as youthful offender.
- Section 15-19-2 Investigations for court by probation officers.
- Section 15-19-3 Trial - Sessions to be separate from adult trials.
- Section 15-19-4 Trial - Without jury.
- Section 15-19-5 Inadmissibility of examination and investigation statements, admissions and confessions; consideration of statements, etc., at time of sentencing.
- Section 15-19-6 Disposition upon adjudication.
- Section 15-19-7 Effect of determination; records not open to public inspection; exception.
Chapter 20 — SEX OFFENDERS.
- Section 15-20-1 Applicability of chapter.
- Section 15-20-2 Law enforcement officers to report arrests to Department of Public Safety.
- Section 15-20-20 Title of article.
- Section 15-20-20.1 Legislative findings.
- Section 15-20-21 Definitions.
- Section 15-20-22 Adult criminal sex offender - Requirements prior to release.
- Section 15-20-23 Adult criminal sex offender - Transfer and establishment of legal residence.
- Section 15-20-23.1 Adult criminal sex offender - Notice of intent to change place of employment.
- Section 15-20-24 Adult criminal sex offender - Verification of residence.
- Section 15-20-25 Adult criminal sex offender - Community notification procedures.
- Section 15-20-25.1 Adult criminal sex offender - Registration by nonresident workers and students.
- Section 15-20-25.2 Adult criminal sex offender - Notice of employment, enrollment, etc., at school or institution of higher education.
- Section 15-20-25.3 Sexually violent predator.
- Section 15-20-26 Adult criminal sex offender - Prohibited residence locations, etc.
- Section 15-20-26.1 Adult criminal sex offender - Electronic monitoring.
- Section 15-20-26.2 (Effective September 1, 2006) Adult criminal sex offender - Documentation of identity.
- Section 15-20-27 Juvenile criminal sex offender - Treatment; DNA sample.
- Section 15-20-28 Juvenile criminal sex offender - Risk assessment; notification.
- Section 15-20-29 Juvenile criminal sex offender - Requirements prior to release.
- Section 15-20-3 Courts to forward records of convictions to Director of Public Safety.
- Section 15-20-30 Juvenile criminal sex offender - Verification of residence.
- Section 15-20-31 Juvenile criminal sex offender - When treated as adult.
- Section 15-20-32 Procedures upon escape of criminal sex offender.
- Section 15-20-33 Exemptions from article.
- Section 15-20-34 Victim assistance.
- Section 15-20-35 Disclosure of information.
- Section 15-20-36 Name change of offender.
- Section 15-20-37 Construction.
- Section 15-20-38 Rules and regulations.
- Section 15-20-4 Failure to report arrest or conviction.
- Section 15-20-5 Reported information to be recorded and indexed by Department of Public Safety; information available to law enforcement officers, etc.
Chapter 21 — HABEAS CORPUS.
- Section 15-21-1 Persons entitled to prosecute writ - Generally.
- Section 15-21-10 Writ not to be disobeyed for want of form or misdescription; writ presumed addressed to recipient.
- Section 15-21-12 Notice to any other person having interest required.
- Section 15-21-13 Notice to district attorney, prosecutor or arrestor required when criminal charge; bail without notice.
- Section 15-21-14 Issuance of precept; execution of precept by sheriff or constable.
- Section 15-21-15 Subpoenas for witnesses.
- Section 15-21-16 Service of writ.
- Section 15-21-17 When return to be made; form and contents of return.
- Section 15-21-18 Person and original detaining warrant, writ, etc., to be produced with return; exception.
- Section 15-21-19 Proceedings when person not produced on account of sickness or infirmity.
- Section 15-21-2 Persons entitled to prosecute writ - Persons confined for failure to enter into undertaking to keep the peace.
- Section 15-21-20 Contesting of return; examination into imprisonment or detention; disposition of detainee on adjournment of examination; forfeiture of bail.
- Section 15-21-21 When party to be discharged or remanded.
- Section 15-21-22 Admission to bail if charged with bailable offense; procedure when sufficient bail not offered; transmission of bail to clerk of court; forfeiture of bail.
- Section 15-21-23 Judgment, etc., or contempt commitment not to be inquired into.
- Section 15-21-24 Grounds for discharge of person in custody under process legally issued.
- Section 15-21-25 Remand or commitment to custody or restraint for public offense when commitment irregular.
- Section 15-21-26 Reimprisonment for same cause after discharge.
- Section 15-21-27 Penalty - Unlawful detention or arrest after discharge order; civil action for damages.
- Section 15-21-28 Penalty - Refusal or neglect to deliver true copy of detention order, etc.
- Section 15-21-3 Persons entitled to prosecute writ - Persons confined as insane.
- Section 15-21-30 Attachment to compel obedience and punish for contempt.
- Section 15-21-31 Penalty for transferring custody, etc., so as to elude service or effect of writ.
- Section 15-21-32 Proceedings against defaulting witnesses.
- Section 15-21-33 Taxation and collection of fees and costs of witnesses.
- Section 15-21-34 Summoning and compensation of guards to convey prisoner.
- Section 15-21-4 Application to be made by petition; contents of petition.
- Section 15-21-5 Description of party if name uncertain or unknown.
- Section 15-21-6 To whom petition addressed.
- Section 15-21-7 When petition may be addressed to another judge; justifying proof required; ouster of jurisdiction of nearest judge.
- Section 15-21-8 Writ to be granted without delay; to whom writ returnable.
- Section 15-21-9 Form of writ.
Chapter 22 — PARDONS, PAROLES AND PROBATION.
- Section 15-22-1 Compacts with other states.
- Section 15-22-1.1 Interstate Compact for Adult Offender Supervision.
- Section 15-22-1.2 Compacts with other states.
- Section 15-22-2 Contributions by parolees and probationers toward costs of supervision and rehabilitation thereof; exclusion from state income tax liability of contributions; compliance by parolees an
- Section 15-22-20 Board of Pardons and Paroles - Creation; composition; compensation.
- Section 15-22-21 Board of Pardons and Paroles - Appointment of secretary and other assistants.
- Section 15-22-22 Board of Pardons and Paroles - Furnishing of offices and supplies, etc.
- Section 15-22-23 Board of Pardons and Paroles - Meetings; conditions to board actions; due notice.
- Section 15-22-24 Board of Pardons and Paroles - Duties generally; annual report; badge and pistol of probation and parole officer included in retirement benefits; representation of applicant by state
- Section 15-22-25 Investigation and report on sentenced prisoner's social and criminal records.
- Section 15-22-26 Standards for release of prisoners on parole.
- Section 15-22-27 Pardon or parole of person having death sentence commuted to life imprisonment.
- Section 15-22-27.1 Parole of persons convicted of certain felonies or attempts and having been previously convicted of felonies or attempts resulting in serious physical injury.
- Section 15-22-27.2 Parole of persons sentenced to life imprisonment upon second convictions of Class A felonies.
- Section 15-22-27.3 Parole of persons convicted of sex offense involving a child.
- Section 15-22-28 Investigation for parole; cooperation with Board of Corrections; temporary leave; restrictions on paroling; minimum sentence to be served prior to eligibility for parole.
- Section 15-22-29 Conditions of parole; adoption of rules concerning conditions.
- Section 15-22-30 Charging parolees residing in community residential facilities for room and board.
- Section 15-22-31 Warrant for retaking parolee; arrest without warrant; execution of warrant and fees therefor.
- Section 15-22-32 Parole court; hearing officers.
- Section 15-22-33 Discharge from parole; relief from reports; permission to leave state or county.
- Section 15-22-34 Furnishing of records by Board of Corrections.
- Section 15-22-35 Cooperation with courts by parole officers.
- Section 15-22-36 Authority to grant pardons and paroles, remit fines and forfeitures, etc.; notice of board action.
- Section 15-22-36.1 Certificate of Eligibility to Register to Vote.
- Section 15-22-37 Adoption of rules and regulations; limitation on powers of board.
- Section 15-22-38 Duties of board mandatory; powers strictly construed.
- Section 15-22-39 Penalty for neglecting or failing to perform duty.
- Section 15-22-40 When pardon, etc., null and void.
- Section 15-22-50 Authority of circuit and district courts to suspend sentence and place convicted person on probation.
- Section 15-22-51 Investigation by probation officer.
- Section 15-22-52 Conditions of probation.
- Section 15-22-53 Powers and duties of probation officers; restrictions on inspection of records, reports, etc., of probation officers.
- Section 15-22-54 Period of probation; termination of probation upon showing of substantial compliance; arrest and disposition of person violating terms of probation.
- Section 15-22-55 Assessment and payment of court costs of termination of probation proceedings.
- Section 15-22-56 Intensive supervision program; fee.
- Section 15-22-70 Mayor may appoint parole board; membership, terms, etc.
- Section 15-22-71 Board meetings, quorum; number required for approval.
- Section 15-22-72 Authority and duties; actions in writing.
- Section 15-22-73 Appointment of parole officers; duties and powers; reports, records, etc., privileged.
- Section 15-22-74 Work and educational releases; revocation; deemed escapee.
- Section 15-22-75 Work release wages; payable to city; withholding confinement costs; disbursing balance.
- Section 15-22-76 Discharge; arrest for violation of parole, with or without warrant; brought before parole officer; hearing; serving sentence upon revocation.
- Section 15-22-77 Provisions of article cumulative; not repealer.
- Section 15-22-90 Short title.
- Section 15-22-91 Grant of pardon upon application or affidavit; notice; hearing.
- Section 15-22-92 Transfer of records.
Chapter 23 — ALABAMA CRIME VICTIMS.
- Section 15-23-1 Short title.
- 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 15-23-100 Definitions.
- Section 15-23-101 Motion to order person charged to be tested for sexually transmitted diseases.
- Section 15-23-102 Order to submit to testing; designation of attending physician; additional testing; access to results; post-testing counseling.
- Section 15-23-103 Confidentiality of results.
- Section 15-23-104 Payment of costs.
- Section 15-23-11 Filing claim under article constitutes waiver of physician-patient privilege.
- Section 15-23-12 When compensation not awarded, diminished, etc.; reconsideration of award.
- Section 15-23-13 Award not contingent on prosecution or conviction of offender; effect of proof of conviction; suspension of proceedings under article.
- Section 15-23-14 Award of compensation subrogates commission to rights of claimant as to collateral source; funds recovered from collateral source held in trust for commission; disposition of trust fu
- Section 15-23-15 Amount and method of compensation; future economic loss generally; exemption from state and local taxes, etc.
- Section 15-23-16 Alabama Crime Victims Compensation Fund; created; purposes; composition; administered or managed by commission.
- Section 15-23-17 Assessment of additional costs and penalties; collection and disposition of additional assessments, etc.
- Section 15-23-18 Penalties - Influence peddling.
- Section 15-23-19 Penalties - Failure of commission member to disclose conflict of interest.
- Section 15-23-2 Legislative findings, etc.
- Section 15-23-20 Penalties - Alteration of commission records, etc.
- Section 15-23-21 Penalties - Furnishing false information; failure to disclose material fact, etc.
- Section 15-23-22 Penalties - Unauthorized control over money or securities of commission.
- Section 15-23-23 Certain persons deemed ineligible for compensation.
- Section 15-23-3 Definitions.
- Section 15-23-4 Alabama Crime Victims Compensation Commission - Created; composition; meetings; rules and regulations; bond; compensation.
- Section 15-23-40 Short title.
- Section 15-23-41 Definitions.
- Section 15-23-42 Confidentiality of communications with victim counselor.
- Section 15-23-43 Waiver of protection; exception for suit against counselor by victim.
- Section 15-23-44 Other testimonial privilege not limited by provisions.
- Section 15-23-45 Victim counselors not relieved of duty to report certain crimes.
- Section 15-23-46 Victim counselors not to prescribe drugs, practice medicine, or practice other professions without license.
- Section 15-23-5 Alabama Crime Victims Compensation Commission - Powers and duties.
- Section 15-23-6 Alabama Crime Victims Compensation Commission - Annual report required.
- Section 15-23-60 Definitions.
- Section 15-23-61 Designated representative.
- Section 15-23-62 Law enforcement agency required to provide victim with information concerning services, compensation benefits, etc.
- Section 15-23-63 Prosecuting attorney required to notify victim of charges and proceedings; request for notice.
- Section 15-23-64 Prosecuting attorney required to confer with victim prior to final disposition of offense.
- Section 15-23-65 Prosecuting attorney required to confer with victim before commencement of trial.
- Section 15-23-66 No right to direct prosecution.
- Section 15-23-67 Right to be present throughout proceedings.
- Section 15-23-68 Waiting area for victim; court to minimize contact of victim with defendant.
- Section 15-23-69 Testimony concerning information about victim; information about victim in court file.
- Section 15-23-7 Audit of financial affairs of commission authorized.
- Section 15-23-70 Right to refuse defendant's request for interview.
- Section 15-23-71 Plea agreement.
- Section 15-23-72 Right to pre-sentence information.
- Section 15-23-73 Impact statement; right to review pre-sentence investigative report.
- Section 15-23-74 Right to present evidence, statement, etc., during sentencing or restitution proceedings.
- Section 15-23-75 Right to information concerning defendant's sentence, request for notice, post-conviction review, etc.
- Section 15-23-76 Right to be present and heard at court proceeding.
- Section 15-23-77 Right to have property returned.
- Section 15-23-78 Right to information from agency having physical custody of prisoner.
- Section 15-23-79 Submission of victim's statement into prisoner's records.
- Section 15-23-8 Compensation for economic loss resulting from criminal conduct - Authorized; procedure.
- Section 15-23-80 Facility with custody of defendant to send victim release opinion.
- Section 15-23-81 Victim to respond to subpoena or to participate in proceeding preparation without loss of employment or fear of loss.
- Section 15-23-82 Clerk of court to accept and disburse restitution.
- Section 15-23-83 Assertion of rights by Attorney General or district attorney.
- Section 15-23-84 Failure to provide right or notice not grounds for setting aside sentence.
- Section 15-23-9 Compensation for economic loss resulting from criminal conduct - Collateral source contribution not required.
Chapter 24 — DEFENDANTS WITH INTELLECTUAL DISABILITY.
- Section 15-24-1 Short title.
- Section 15-24-2 Definitions.
- Section 15-24-3 Filing of affidavit that defendant is mentally retarded.
- Section 15-24-4 Affidavit furnished to judge, prosecutor, and defendant's attorney; use of affidavit.
- Section 15-24-5 Proceedings upon finding defendant to be mentally retarded.
- Section 15-24-6 Affidavit part of court record; use of affidavit.
- Section 15-24-7 Information gained under chapter inadmissible on issue of guilt.
Chapter 25 — CHILD VICTIMS AND WITNESSES IN PROSECUTIONS FOR SEXUAL OFFENSES AND EXPLOITATION INVOLVING CHILDREN.
- 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 15-25-2 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Videotaped deposition; who may be present; procedure; protective order.
- Section 15-25-3 Prosecution for physical or sexual offense or exploitation involving child under age 16 - Use of closed circuit equipment; competence of victim as witness.
- Section 15-25-30 Short title.
- Section 15-25-31 Out-of-court statement - When admissible.
- Section 15-25-32 Out-of-court statement - Requirements for admissibility.
- Section 15-25-33 Expert testimony as to unavailability of child to testify.
- Section 15-25-34 Corroborative evidence prerequisite to admission of statement.
- Section 15-25-35 Notice to adverse party.
- Section 15-25-36 Court to inform jury as to out-of-court statement.
- Section 15-25-37 Factors in considering trustworthiness of statement.
- Section 15-25-38 Recorded findings of the court.
- Section 15-25-39 "A child physical offense, sexual offense, and exploitation" defined.
- Section 15-25-4 Appropriation for equipment to view videotaped depositions.
- Section 15-25-40 Effect upon otherwise admissible out-of-court statements.
- Section 15-25-5 Use of anatomically correct dolls or mannequins during testimony or deposition of victim or witness under age 10.
- Section 15-25-6 Actions to minimize length of proceedings stressful to child; considerations in ruling on motion for delay or continuance.
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 15-26-2 Physical presence of defendant not required.
- Section 15-26-3 Electronic filing of documents.
- Section 15-26-4 Utilization of audio-video communication by law enforcement officer.
- Section 15-26-5 Conduct of grand jury proceeding involving sworn police officers by audio-video communication device.
- Section 15-26-6 Location of television monitors.