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Chapter 1 - General Provisions.
Section 15-1-1 - Effect of Rules of Supreme Court of Alabama. - Any provisions of this title regulating procedure shall apply only...
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. - (a) The presiding judge of a judicial circuit, after consultation...
Section 15-1-3 - Foreign Language Interpreters. - (a)(1) If at any stage of a criminal proceeding, protection...
Chapter 2 - Jurisdiction and Venue.
Article 1 - General Provisions.
Section 15-2-1 - All Persons Liable for Offenses Committed in Alabama; Exception. - Every person, whether an inhabitant of the State of Alabama...
Section 15-2-2 - Venue - County Where Offense Committed. - Unless otherwise provided by law, the venue of all public...
Section 15-2-3 - Venue - Offense Commenced in State and Consummated Elsewhere. - When the commission of an offense commenced in the State...
Section 15-2-4 - Venue - Offense Commenced Outside State and Consummated Within State. - When the commission of an offense commenced elsewhere is consummated...
Section 15-2-5 - Venue - Stolen Property Brought Into State. - When property is stolen elsewhere and brought into the State...
Section 15-2-6 - Venue - Offense Committed in More Than One County. - When an offense is committed partly in one county and...
Section 15-2-7 - Venue - Offense Committed on or Near County Boundary. - When an offense is committed on the boundary of two...
Section 15-2-8 - Venue - Forcible Marriage, Prostitution, Detaining Child, Kidnapping, Etc. - For the offenses specified in Sections 13-1-20, 13-1-21, 13-1-22 or...
Section 15-2-9 - Venue - Carrying Stolen Property Into Another County. - When property is stolen in one county and carried into...
Article 2 - Change of Venue.
Section 15-2-20 - Application; Appeal From Denial; When Defendant's Personal Presence Unnecessary. - (a) Any person charged with an indictable offense may have...
Section 15-2-21 - Change on Motion of Trial Judge. - On his own motion, a trial judge may, with the...
Section 15-2-22 - Witnesses. - When an application for a change of venue is presented...
Section 15-2-23 - Examination of Prosecution Witnesses on Interrogatories Upon Change of Venue in Misdemeanor Cases. - When the defendant is charged with a misdemeanor, upon granting...
Section 15-2-24 - Removal to Nearest County; Only One Removal Allowed. - When a change of venue is authorized, the trial must...
Section 15-2-25 - Duty of Clerk of Court to Forward Case Materials. - When an order for the removal of a trial is...
Section 15-2-26 - Trial on Certified Copy of Indictment; Correction of Transcript Mistakes and Certification of Omitted Portion of Record. - The defendant must be tried in the court to which...
Section 15-2-27 - Issuance of Subpoenas for Trial Witnesses. - At any time before the delivery of the transcript to...
Chapter 3 - Limitations on Prosecution.
Section 15-3-1 - Felonies Generally. - Except as otherwise provided by law, the prosecution of all...
Section 15-3-2 - Misdemeanors. - Unless otherwise provided, the prosecution of all misdemeanors before a...
Section 15-3-3 - Conversion of Public Revenues. - A prosecution for conversion of the state or county revenue...
Section 15-3-4 - Unlawful Taking or Using Temporarily of Property. - A prosecution for unlawfully taking or using temporarily the property...
Section 15-3-5 - Offenses Having No Limitation. - (a) There is no limitation of time within which a...
Section 15-3-6 - When Time Elapsing Between Preferring of First Charge and Subsequent Indictment Deducted From Time Limitation. - When an indictment is lost, mislaid or destroyed, when a...
Section 15-3-7 - When Prosecution Deemed Commenced. - A prosecution may be commenced within the meaning of this...
Section 15-3-8 - Crimes Punishable Under Different Provisions. - Any act or omission declared criminal and punishable in different...
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. - (a) When a coroner has been informed that a person...
Section 15-4-2 - Examination of Body and Report by Coroner; Postmortem, Autopsy or Internal Examination of Body and Report by Physician or Surgeon. - (a) When a coroner has been informed that a person...
Section 15-4-3 - Subpoenas for Witnesses; Witnesses to Be Summoned and Examined. - In an inquest under this chapter, the coroner may issue...
Section 15-4-4 - Service of Subpoenas; Proceedings Against Defaulting Witnesses; Endorsement as Presumptive Evidence of Default. - (a) In an inquest under this chapter, the sheriff or...
Section 15-4-5 - Refusal of Witness to Answer Questions. - In an inquest under this chapter, any witness who refuses...
Section 15-4-6 - Right of Coroner to Administer Oaths. - Coroners shall have the right to administer oaths to persons...
Section 15-4-7 - Rendition of Verdict by Jury and Certification by Inquisition; Contents of Inquisition. - After inspecting the body and hearing the evidence, a jury...
Section 15-4-8 - Return of Inquisition and Preliminary Investigation to Circuit Court; Undertaking of Witnesses to Appear in Court. - (a) An inquisition taken under this chapter must be returned...
Section 15-4-9 - Issuance and Execution of Arrest Warrant for Accused; Appearance of Accused Before Judge. - (a) If a jury summoned under this chapter finds that...
Section 15-4-10 - Money and Property of Deceased to Be Delivered to County Treasurer; Exception; Disposition of Property and Proceeds Therefrom. - (a) Within 30 days after an inquest on a dead...
Section 15-4-11 - Fees of Physician or Surgeon for Postmortem, Autopsy and Internal Examinations; Recovery of Costs by County Against Estate. - Repealed by Act 2015-70 effective April 21, 2015.
Chapter 5 - Searches and Seizures.
Article 1 - Search Warrants.
Section 15-5-1 - A "search warrant" is an order in writing in the...
Section 15-5-2 - Grounds for Issuance. - A search warrant may be issued on any one of...
Section 15-5-3 - Probable Cause and Affidavit Required. - A search warrant can only be issued on probable cause,...
Section 15-5-4 - Examination of Complainant and Witnesses; Contents of Depositions. - Before issuing a search warrant, a judge, or magistrate authorized...
Section 15-5-5 - Issuance of Warrant. - If the judge or the magistrate is satisfied of the...
Section 15-5-6 - Form. - A search warrant may be substantially in the following form:...
Section 15-5-7 - By Whom Executed. - A search warrant may be executed by any one of...
Section 15-5-8 - When Executed; Time of Execution to Be Stated. - In cases in which the property to be seized does...
Section 15-5-9 - Authority of Serving Officer to Break Into House. - To execute a search warrant, an officer may break open...
Section 15-5-10 - Taking of Property. - (a) When a search warrant is sued out on the...
Section 15-5-11 - Receipt for Property Taken. - When an officer takes property under a search warrant, he...
Section 15-5-12 - Warrant to Be Executed and Returned Within 10 Days. - A search warrant must be executed and returned to the...
Section 15-5-13 - Contents of Return; Copies to Be Furnished. - In his return of a search warrant to the judge...
Section 15-5-14 - Disposition of Taken Property by Court if Property Stolen or Embezzled. - When the property is taken under a search warrant, it...
Section 15-5-15 - Hearing on Controverted Grounds; Authentication of Testimony as to Such Facts. - If the grounds on which a search warrant was issued...
Section 15-5-16 - Restoration of Taken Property to Defendant; Property to Be Forwarded to Court if Not Restored. - (a) If it appears that the property taken is not...
Section 15-5-17 - Searching of Person Charged With Felony for Weapon or Evidence in Judge's or Magistrate's Presence. - When a person charged with a felony is supposed by...
Section 15-5-18 - Payment of Fees and Costs. - The complainant must pay the fees of a search warrant...
Section 15-5-19 - Penalty for Procuring Maliciously and Without Probable Cause. - Any person who maliciously and without probable cause procures a...
Article 2 - Searches, etc., of Persons in Public Places.
Section 15-5-30 - Authority of Peace Officer to Stop and Question. - A sheriff or other officer acting as sheriff, his deputy...
Section 15-5-31 - Search for Dangerous Weapon; Procedure if Weapon or Other Thing Found. - When a sheriff or other officer acting as sheriff, his...
Article 3 - Stored Wire and Electronic Communications.
Section 15-5-40 - Stored Wire and Electronic Communications and Transactional Records Access; Pen Registers and Trap and Trace Devices. - (a) The definitions, prohibitions, authorizations, and procedures regarding access to...
Article 3A - Criminal Surveillance.
Section 15-5-50 - Warrant for Tracking Device Installation; Requirements; Procedures. - (a) Any circuit or district court judge in this state...
Article 3B - Kelsey Smith Act
Section 15-5-55 - Wireless Communications Service Provider to Provide Location Information in Certain Emergency Situations. - (a) This section shall be known and cited as the...
Article 4 - Alabama Comprehensive Criminal Proceeds Forfeiture Act.
Section 15-5-60 - Short Title. - This article shall be known and may be cited as...
Section 15-5-61 - Seizure and Forfeiture of Proceeds, Property, etc., Acquired Through the Commission of Certain Criminal Offenses. - (a) Any property, proceeds, or instrumentality of every kind, used...
Section 15-5-62 - Definitions. - For the purposes of this article, the following words shall...
Section 15-5-63 - Proof; Forfeiture Procedures. - The state must prove to the court's reasonable satisfaction that...
Section 15-5-64 - Determination of Abandonment. - In order for property or proceeds to be deemed abandoned,...
Section 15-5-65 - Disposition of Proceeds. - (a) Unless by other agreement of the primary law enforcement...
Chapter 6 - Peace Proceedings and Proceedings to Preserve Order.
Section 15-6-1 - Sheriff Principal Conservator of the Peace. - The sheriff is the principal conservator of the peace in...
Section 15-6-2 - Judges Authorized to Require Persons to Give Security to Keep Peace. - The judges of the circuit, district and municipal courts are...
Section 15-6-4 - Refusal, etc., of Municipal Official to Comply With Order of Governor. - Any official of a municipality who fails, refuses or neglects...
Section 15-6-3 - Offense Committed or Threatened in Presence of Judge. - Any person who, in the presence of a judge, commits...
Article 2 - Proceedings Before Judges.
Section 15-6-20 - Examination of Complainant and Witnesses; Form of Affidavit. - (a) Whenever complaint is made to a judge of a...
Section 15-6-21 - Arrest Warrant. - (a) If on examination by the circuit, district or municipal...
Section 15-6-22 - Hearing; Discharge of Defendant; Continuation of Hearing. - When a person complained of is brought before the circuit,...
Section 15-6-23 - When Costs to Be Paid by Complainant. - If the circuit, district or municipal court judge regards a...
Section 15-6-24 - Requiring Security to Keep the Peace by Defendant; When Court Appearance Required; Form of Undertaking. - (a) If there is just reason to fear the commission...
Section 15-6-25 - Discharge of Defendant; Commitment to Jail; Contents of Commitment Warrant. - (a) Upon an undertaking, with sufficient sureties being given, the...
Section 15-6-26 - Prosecution Costs; Execution for Collection. - In all cases where a person is required to keep...
Article 3 - Appeals.
Section 15-6-40 - Appeal to Circuit Court; Form of Undertaking on Appeal. - (a) Any person required to keep the peace under the...
Section 15-6-41 - Return on Appeal; Contempt for Failure. - Any undertaking given under any provision of this chapter must...
Section 15-6-42 - Examination Anew on Appeal; Disposition of Case; Costs. - The court to which an appeal is prosecuted under the...
Section 15-6-43 - Effect of Failing to Sustain Appeal. - If an appellant fails to sustain his appeal under this...
Article 4 - Undertakings.
Section 15-6-60 - Upon Conviction. - The court may, on the conviction of any person for...
Section 15-6-61 - Forfeiture; Remittance of Amount Specified. - (a) An undertaking to keep the peace is forfeited by...
Chapter 7 - Initiation of Proceedings by Complaint.
Section 15-7-1 - "Complaint" Defined. - A "complaint" is an allegation made before a proper judge...
Section 15-7-2 - Examination of Complainant and Witnesses; Taking of Depositions. - (a) Upon a complaint being made to a judge or...
Section 15-7-3 - Warrant of Arrest - When Issued. - If the judge or magistrate is reasonably satisfied from such...
Section 15-7-4 - Warrant of Arrest - Defined; Contents; Form. - (a) A "warrant of arrest" is an order in writing,...
Article 2 - Bail.
Section 15-7-20 - Discharge of Defendant - by Arresting Officer. - When the offense described in an arrest warrant is a...
Section 15-7-21 - Discharge of Defendant - by Judge or Magistrate; Certification and Delivery of Warrant With Undertaking. - (a) When the offense described in the warrant is a...
Section 15-7-22 - Presumption Offense of Aggravated Nature. - When the bail is taken under the provisions of Sections...
Chapter 8 - Indictments.
Section 15-8-1 - "Indictment" Defined. - An "indictment" is an accusation in writing presented by the...
Section 15-8-2 - Indictable Offenses. - All felonies and all misdemeanors originally prosecuted in the district...
Section 15-8-3 - Required Contents. - An indictment must contain, in the caption or body thereof,...
Section 15-8-4 - Formal Defects Not Fatal. - An indictment must not be held insufficient, nor can the...
Section 15-8-5 - Construction of Words Used. - The words used in an indictment must be construed in...
Article 2 - Allegations.
Section 15-8-20 - Offenses Charged or Described as at Common Law. - In an indictment for an offense which was indictable at...
Section 15-8-21 - Statutory Language Unnecessary. - Words used in a statute to define an offense need...
Section 15-8-22 - General Terms Used for Special Statutory Terms. - When a statute creating or defining an offense uses special...
Section 15-8-23 - Manner of Stating Act Constituting Offense. - The manner of stating the act constituting the offense, as...
Section 15-8-24 - When Alleged Act Done in Public Place Suffices. - When, to constitute the offense, an act must be done...
Section 15-8-25 - How Facts Constituting Offense to Be Stated. - An indictment must state the facts constituting the offense in...
Section 15-8-26 - Charging of Unknown Facts. - Any fact which is unknown to the grand jury and...
Section 15-8-27 - Allegation of Unknown Means. - When the means by which the offense was committed are...
Section 15-8-28 - Name of Defendant When Unknown. - The indictment must be certain as to the person charged;...
Section 15-8-29 - General Allegation of Intent to Injure or Defraud. - When an intent to injure or defraud is necessary to...
Section 15-8-30 - Statement of Time. - It is not necessary to state the precise time at...
Section 15-8-31 - Allegation of Venue Unnecessary; Proof of Same at Trial. - It is not necessary to allege where the offense was...
Section 15-8-32 - Statement of Legal Presumptions and Matters Judicially Known Unnecessary. - Presumptions of law and matters of which judicial notice is...
Section 15-8-33 - How Ownership of Property Alleged. - When any property, upon or in relation to which an...
Section 15-8-34 - Description of Animal in Indictment for Offense Concerning Same. - In an indictment for the larceny of any animal or...
Section 15-8-35 - Indictment for Forgery of Instrument Destroyed or Withheld. - In an indictment for the forgery of an instrument which...
Section 15-8-36 - Perjury and Subornation of Perjury; Indictment. - In an indictment for perjury or subornation of perjury, it...
Article 3 - Alternative Averments.
Section 15-8-50 - Allegation of Different Means or Intents. - When an offense may be committed by different means or...
Section 15-8-51 - Charging Different Results From Same Act. - When an act is criminal, if producing different results, such...
Section 15-8-52 - Joinder of Offenses in Same Count. - When offenses are of the same character and subject to...
Article 4 - Presenting, Filing, Withdrawal, and Recordation.
Section 15-8-70 - Presentation to Court and Endorsement; Limitations on Entry in Minutes and Inspection. - All indictments must be presented to the court by the...
Section 15-8-71 - Withdrawal and Filing of Indictment With Leave to Reinstate Same. - In all criminal cases in the circuit court in which...
Section 15-8-72 - Recording and Safekeeping; When Record Book Required to Be Produced; Use of Photograph or Photostat Machines. - (a) The clerk of the court in which indictments are...
Article 5 - Amendments.
Section 15-8-90 - When Allowed. - An indictment may be amended, with the consent of the...
Section 15-8-91 - Prosecution Dismissed Where Amendment Not Consented to by Defendant; New Indictment; Form of Entry of Record. - If the defendant will not consent to such amendment of...
Article 6 - Lost, Mislaid, Mutilated or Destroyed Documents.
Section 15-8-110 - Preferring of New Indictment; Form of Entry of Record. - When an indictment is lost, mislaid or destroyed, the court...
Section 15-8-111 - Utilization of Record Copy. - When it is shown to the court that an original...
Article 7 - Judgment Arrested, Indictment Quashed, Etc.
Section 15-8-130 - Permission of Court Required to Quash, Dismiss, etc., Indictment. - An indictment must not be quashed, dismissed, discontinued or abandoned...
Section 15-8-131 - Preferring of New Indictment Where Judgment Arrested or Original Indictment Quashed; Entry of Record. - When a judgment is arrested or an indictment quashed on...
Article 8 - Forms of Indictments.
Section 15-8-150 - Contents; Sufficiency; Use of Analogous Forms. - The forms of indictment set forth in this section in...
Chapter 9 - Fugitives From Justice, Extradition and Detainers.
Article 1 - Rewards.
Section 15-9-1 - Information Leading to Arrest and Conviction - Crimes Punishable by Death or Life Imprisonment. - When any of the following crimes have been committed:
Section 15-9-2 - Information Leading to Arrest and Conviction - High Crime or Misdemeanor Committed in Municipality. - When a high crime or misdemeanor shall have been committed...
Section 15-9-3 - Governor May Offer Reward for Apprehension or Rearrest of Perpetrator of Felony or Escaped, etc., Felon. - Whenever a felony has been committed and the perpetrator thereof...
Section 15-9-4 - Deciding of Claims to Rewards by Courts. - When any reward shall be offered for the recovery of...
Article 2 - Extradition.
Division 1 - General Provisions.
Section 15-9-20 - Definitions. - For the purposes of this article, the following terms shall...
Division 2 - From Alabama.
Section 15-9-30 - Duty of Governor to Have Arrested and Deliver Foreign Fugitive. - Subject to the qualifications of this division, the controlling provisions...
Section 15-9-31 - Form of Demand. - No demand for the extradition of a person charged with...
Section 15-9-32 - Investigation of Demand. - When a demand shall be made upon the Governor of...
Section 15-9-33 - What Supporting Documents to Show. - A warrant of extradition must not be issued unless the...
Section 15-9-34 - Surrender of Person Committing Act in Alabama Resulting in Crime in Another State. - On demand of the executive authority of any other state,...
Section 15-9-35 - Arrest Warrant - Issuance; Contents. - If the Governor shall decide that an extradition demand should...
Section 15-9-36 - Arrest Warrant - Authorization to Arresting Officer. - A warrant of arrest issued by the Governor under this...
Section 15-9-37 - Authority of Arresting Officer to Command Assistance; Refusal to Assist Arresting Officer. - Every officer or other person empowered to make an arrest...
Section 15-9-38 - Right of Arrestee to Be Informed; Application for Writ of Habeas Corpus; Penalty for Violation of Section. - (a) No person arrested upon a warrant of arrest issued...
Section 15-9-39 - Confinement of Prisoner. - The officer or person executing a Governor's warrant of arrest...
Section 15-9-40 - Arrest Prior to Requisition. - Whenever any person within this state shall be charged on...
Section 15-9-41 - Arrest Without Warrant - When Authorized; Persons Authorized to Make Arrest; Appearance of Accused Before Judge. - The arrest of a person may be lawfully made also...
Section 15-9-42 - Arrest Without Warrant - Commitment to Jail or Admission to Bail. - If, from the examination before the district or circuit court...
Section 15-9-43 - Arrest Without Warrant - When Accused to Be Admitted to Bail; Conditions of Bail. - Unless the offense with which the prisoner is charged is...
Section 15-9-44 - Arrest Without Warrant - Failure to Arrest Accused on Governor's Warrant Within Time Specified. - If the accused is not arrested under warrant of the...
Section 15-9-45 - Arrest Without Warrant - Forfeiture of Bail. - If the prisoner is admitted to bail and fails to...
Section 15-9-46 - When Prosecution Already Instituted in Alabama. - If a criminal prosecution has been instituted against such person...
Section 15-9-47 - Inquiry Into Guilt or Innocence of Accused. - The guilt or innocence of the accused as to the...
Section 15-9-48 - Constraint on Use for Collection of Debt, Demand or Claim. - Nothing in this division shall be construed as authorizing the...
Section 15-9-49 - Recall of Warrant or Issuance of Alias. - Under this division, the Governor may recall his warrant of...
Division 3 - To Alabama.
Section 15-9-60 - Warrant for Fugitives From Alabama. - Whenever the Governor of this state shall demand a person...
Section 15-9-61 - Application by District Attorney to Governor for Requisition; Filing and Forwarding of Papers and Requisition. - (a) When the return to this state of a person...
Section 15-9-62 - Payment of Expenses of Returning Accused to Alabama; Fees and Expenses of Officers. - When the punishment of the crime shall be the confinement...
Section 15-9-63 - Exemption From Process in Civil Actions. - A person brought into this state on extradition based upon...
Section 15-9-64 - Trial for Crimes Other Than Those Specified in Requisition. - After a person has been brought back to this state...
Section 15-9-65 - Fees and Expenses of Sheriff When Accused Returns Without Requisition. - In cases where notice is received in this state from...
Article 3 - Mandatory Disposition of Detainers.
Section 15-9-80 - Short Title. - This article may be cited as the Uniform Mandatory Disposition...
Section 15-9-81 - Adoption and Text of Agreement on Detainers. - The agreement on detainers is hereby enacted into law and...
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.; Failure to Notify Prisoners of Filing of Detain... - (a) Any person who is imprisoned in a penal or...
Section 15-9-83 - Action by Official Having Custody of Prisoner Upon Receipt of Request for Final Determination. - The request shall be delivered to the warden or other...
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. - Within 90 days after the receipt of the request and...
Section 15-9-85 - Escape by Prisoner After Request Filed. - Escape from custody by any prisoner subsequent to his execution...
Section 15-9-86 - Article Inapplicable to Mentally Ill Persons. - This article does not apply to any person adjudged to...
Section 15-9-87 - Notice to Prisoners of Provisions of Article. - The warden or other like official having custody of prisoners...
Section 15-9-88 - Construction of Article. - This article shall be so construed as to effectuate its...
Article 4 - Transfer of Foreign Nationals.
Section 15-9-100 - Transfer of Foreign Nationals Imprisoned in Alabama to Country of Citizenship. - When a treaty is in effect between the United States...
Chapter 10 - Arrests.
Article 1 - Arrest Before Indictment.
Section 15-10-1 - Officers Authorized to Make Arrests. - An arrest may be made, under a warrant or without...
Section 15-10-2 - When Officer May Execute Warrant; Authority of Officer to Break and Enter Dwelling House. - An officer may execute a warrant of arrest on any...
Section 15-10-3 - Arrest Without Warrant - Generally; Written Report; Protection Orders. - (a) An officer may arrest a person without a warrant,...
Section 15-10-4 - Arrest Without Warrant - Duty of Arresting Officer; Authority of Officer to Break and Enter Dwelling House. - When arresting a person without a warrant, the officer must...
Section 15-10-6 - Offense Committed in Presence of Judge or Magistrate. - When a public offense is committed in the presence of...
Section 15-10-7 - Arrests by Private Persons. - (a) A private person may arrest another for any public...
Section 15-10-8 - When Notice of Arrest for Capital Felony to Be Given to Governor or Chief Justice. - Whenever any person arrested is charged with a capital felony...
Section 15-10-9 - Rearrest After Escape or Rescue. - If a person arrested escapes or is rescued, he may...
Section 15-10-10 - Where Warrant to Be Executed; Endorsement When Executed in Different County. - Except as provided in Section 15-10-11, a warrant or writ...
Section 15-10-11 - Authority of Officer to Pursue and Arrest Defendant in Another County on Warrant From Municipal Court. - Any lawful officer, having a warrant of arrest issued by...
Section 15-10-12 - When Defendant to Be Taken Before Judge or Magistrate Issuing Warrant. - When the warrant of arrest is executed in any county...
Section 15-10-13 - When Arrest Warrant Endorsed by Judge or Magistrate; Liability of Judge or Magistrate on Endorsement. - Repealed by Act 2006-547, p. 1264, §2, effective July 1,...
Section 15-10-14 - Detention and Arrest of Person Suspected of Larceny of Goods Held for Sale. - (a) A peace officer, a merchant or a merchant's employee...
Article 2 - Arrest After Indictment.
Section 15-10-30 - Arrest Without Process When Defendant Present. - After an indictment has been returned by the grand jury,...
Article 3 - Issuance and Execution of Writ.
Section 15-10-40 - Issuance by Clerk, District Attorney or Judge. - A writ of arrest must be issued by the clerk...
Section 15-10-41 - Form of Writ - Felony. - When the indictment is for a felony, the writ of...
Section 15-10-42 - Form of Writ - Misdemeanor. - When the indictment is for a misdemeanor, the writ of...
Section 15-10-43 - Alias and Pluries Writs. - As many writs of arrest may be issued as necessary;...
Section 15-10-44 - Execution of Writ by Sheriff or Deputy. - A writ of arrest may be executed by the sheriff...
Section 15-10-45 - Execution of Writs, Attachments and Other Process in Adjoining County. - All writs of arrest, attachments, subpoenas for witnesses or other...
Section 15-10-46 - Copy of Arrest Writ to Be Delivered to Jailer. - When any defendant is committed to jail under a writ...
Section 15-10-47 - Return of Writs by Sheriff; Duty of Clerks to Accept Returns by Mail; Failure of Sheriffs to Comply With Section. - (a) All writs of arrest, with the undertaking of bail...
Article 4 - Bench Warrants.
Section 15-10-60 - Definition; Procedure. - A "bench warrant" is one issued by a judge for...
Article 5 - Arrest in Other Counties.
Section 15-10-70 - Duty of Arresting Officer and Sheriff of Other County. - When any person charged with the commission of any offense...
Section 15-10-71 - Application for Removal Order; Granting of Order. - The sheriff of the county where such person is triable,...
Section 15-10-72 - Endorsement on Removal Order. - The arresting officer shall make the following endorsement on the...
Section 15-10-73 - Application for Guard in Removal of Prisoner; Endorsement by Court if Application Granted; Guards for Prisoners Charged With Misdemeanors. - Whenever a sheriff makes application for the employment of a...
Section 15-10-74 - Arrest Powers of Peace Officer in Fresh Pursuit. - (a) This section shall be known as the Alabama Fresh...
Article 6 - Fingerprinting of Persons Taken Into Custody.
Section 15-10-90 - Sheriffs to Fingerprint Persons Taken Into Custody; Disposition of Copies of Fingerprints. - It shall be the duty of the sheriff of each...
Section 15-10-91 - Central State Assembling Agency for Receipt of Fingerprint Records Designated; Duties Thereof. - The Department of Public Safety, State Bureau of Investigation, shall...
Section 15-10-92 - Furnishing of Fingerprinting Equipment Generally. - The county commissions of the several counties in this state...
Section 15-10-93 - Furnishing of Fingerprint Cards and Envelopes. - The State of Alabama, through the Department of Public Safety,...
Chapter 11 - Preliminary Hearings.
Section 15-11-1 - Right of Person Arrested for Felony to Hearing; Failure of Defendant to Appear at Hearing. - Every person charged with and arrested for a felony before...
Section 15-11-2 - Jurisdiction of District Court; Prosecution Not Barred by Finding of No Probable Cause. - The district court shall exercise exclusive jurisdiction to hold preliminary...
Section 15-11-3 - Adjournment; Commitment of Defendant to Jail or Bail. - When a defendant is brought before a district court under...
Section 15-11-4 - Default of Defendant Admitted to Bail Certified to Circuit Court; District Court's Certificate as Presumptive Evidence of Default. - If the defendant does not appear before the district court...
Section 15-11-5 - Issuance of Alias Arrest Warrant Upon Default. - On the failure of the defendant to appear on the...
Section 15-11-6 - Examination of Complainant and Witnesses. - The court before whom any person is brought charged with...
Section 15-11-7 - Appearance by Counsel for Defendant; Separation of Witnesses; Control of Hearing. - In a preliminary examination, the defendant may appear by counsel...
Section 15-11-8 - Duty of Court to Examine All Witnesses. - In a preliminary examination, it shall be the duty of...
Section 15-11-9 - When Defendant to Be Discharged. - If upon the whole evidence in a preliminary examination it...
Section 15-11-10 - When Defendant Committed to Bail or Jail; Form of Commitment. - (a) If upon a preliminary examination it appears that an...
Section 15-11-11 - Amount of Bail to Be Endorsed on Commitment; Discharge of Defendant. - Whenever a person is committed to jail for a bailable...
Section 15-11-12 - Requiring Witnesses to Enter Undertaking; Form of Undertaking. - (a) The court may require the witnesses for the prosecution...
Section 15-11-13 - Requiring Sureties of Married Women and Minors When Witnesses for Prosecution. - Married women and minors, when material witnesses for the prosecution,...
Section 15-11-14 - Failure or Refusal of Witness to Enter Undertaking; Discharge of Witness Upon Entering Into Undertaking. - (a) Any witness required under this chapter to enter into...
Section 15-11-15 - Court to Report When Person Held on Indictment; Report When No Committals. - (a) When any person is held by a district court...
Chapter 12 - Defense of Indigents.
Section 15-12-1 - Definitions. - When used in this chapter, the following terms shall have...
Section 15-12-2 - Determination as to Indigent Defense Systems to Be Used in Circuit, District and Municipal Courts. - Repealed by Act 2011-678, p. 1862, §9, effective June 14,...
Section 15-12-3 - Presiding Circuit Judges to Administer Indigent Defense Systems Within Circuits; Adoption of Rules for Effectuation of Systems by Circuit Courts. - Repealed by Act 2011-678, p. 1862, §9, effective June 14,...
Section 15-12-4 - Voluntary Indigent Defense Advisory Boards. - (a) Creation. In each judicial circuit, a voluntary indigent defense...
Section 15-12-5 - Determination of Indigency and Provision of Defense Services. - (a) Judicial role in determining indigency. The trial judge shall...
Section 15-12-6 - Compensation of Appointed Counsel. - Compensation of counsel appointed to represent indigent defendants shall be...
Article 2 - Appointed Counsel.
Section 15-12-20 - Matters to Be Ascertained by Trial Judges as to Representation of Defendants Prior to Arraignment. - In all criminal cases, including paternity cases, and civil and...
Section 15-12-21 - Appointment and Compensation of Counsel - Trial Court. - (a) If it appears to the trial court that an...
Section 15-12-22 - Appointment and Compensation of Counsel - Appeals. - (a) In all criminal cases wherein an indigent defendant has...
Section 15-12-23 - Appointment and Compensation of Counsel - Post-Conviction Proceedings. - (a) In proceedings filed in the district or circuit court...
Section 15-12-24 - Calculation of Rates. - Repealed by Act 2011-678, p. 1862, §9, effective June 14,...
Section 15-12-24.1 - Withdrawals From Fair Trial Tax Fund to Pay Expenses. - Repealed by Act 2011-678, p. 1862, §9, effective June 14,...
Section 15-12-25 - Reimbursement of Fees of Court Appointed Counsel by Defendant; Default. - (a)(1) A court may require a convicted defendant to pay...
Section 15-12-26 - Contract Counsel System - Selection and Appointment of counsel.. - (a) The director may recommend that a contract counsel system...
Section 15-12-27 - Contract Counsel System - Procedures Mandatory. - Any provision of this chapter to the contrary notwithstanding, each...
Section 15-12-28 - Contract Counsel System - Records, Reports, and Attorney-Client Communications. - Each contract counsel shall keep the records and make the...
Section 15-12-29 - Contract Counsel System - Construction of Sections. - Sections 15-12-26, 15-12-27, and 15-12-28 shall not be construed to...
Article 3 - Public Defenders.
Section 15-12-40 - Establishment of Public Defender Office; Selection and Appointment of Attorneys. - The indigent defense advisory board may establish a public defender...
Section 15-12-41 - Term of Office; Removal; Requirement of Service. - (a) The public defender shall be appointed after June 14,...
Section 15-12-42 - Powers and Duties. - The public defender shall have the following powers and duties:...
Section 15-12-43 - Compensation and Expenses. - (a) The public defender shall receive a salary set by...
Section 15-12-44 - Recordkeeping; Confidentiality of Attorney-Client Communications. - The public defender shall keep such records and make such...
Section 15-12-45 - Approval of Expenditures, Salaries, etc.; Employment of Assistants, Investigators, Etc. - (a) The director may approve expenditures for attorneys, investigators, other...
Section 15-12-46 - Applicability of Article to Establishment of Appointed Counsel or Contract Counsel Systems, Etc. - Nothing in this article shall be construed to exclude establishment...
Chapter 13 - Bail.
Section 15-13-1 - Definitions. - For the purposes of this chapter, the following terms shall...
Section 15-13-2 - Allowance as Matter of Right Prior to Conviction. - In all cases other than those specified in Section 15-13-3,...
Section 15-13-3 - (Effective Upon Ratification of the Constitutional Amendment Proposed by Act 2021-201) Persons Charged With Capital Murder; Pretrial Detention Hearing; Denial of Bail in Particular Cases. - THIS SECTION WAS AMENDED BY ACT 2021-267 IN THE 2021...
Section 15-13-4 - Prisoners Entitled to Opportunity to Give Bail; Release of Prisoner on Own Recognizance. - All judges or magistrates, when authorized by law to grant...
Section 15-13-5 - Discharge of Defendant by Sheriff or Deputy After Indictment for Misdemeanor. - (a) If the offense charged in an indictment is a...
Section 15-13-6 - Fixing of Bail for Felony; Discharge of Defendant by Sheriff Upon Posting of Bail. - (a) When an indictment is filed in court charging the...
Section 15-13-7 - Amount to Be Endorsed on Writ of Arrest. - ed upon an indictment, the clerk issuing the writ shall...
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. - (a) When an application for bail is made to any...
Article 2 - Entry and Return.
Section 15-13-20 - Entry in Minutes When Taken in Open Court; Form of Entry. - When bail is taken in open court, it must be...
Section 15-13-21 - Form and Requisites of Bail Not Taken in Open Court. - When not taken in open court, the undertaking of bail...
Section 15-13-22 - Qualifications for Bail; Bond Required for Bondsmen; Qualification When Sufficiency of Bail Doubtful. - (a) Each person signing as surety an undertaking of bail...
Section 15-13-23 - Lunatics and Infants. - It is not necessary that lunatics or infants should themselves...
Section 15-13-24 - Judicial and Ministerial Officers Prohibited From Becoming Surety for Bail or Signing Bonds, Etc. - It shall not be lawful for any judicial or ministerial...
Section 15-13-25 - Return of Undertakings to Clerk of Court. - All undertakings of bail must be returned by the court...
Section 15-13-26 - When New Undertaking May Be Required. - The court before which any defendant is bound to appear...
Article 3 - Cash Deposit.
Section 15-13-40 - When Deposit Authorized in Lieu of Bail. - At any time after an order admitting him to bail,...
Section 15-13-41 - Deposit Permitted After Bail Given and Prior to Forfeiture; Exoneration of Bail. - If a defendant has given bail, he may, at any...
Section 15-13-42 - Application in Satisfaction of Fine; Refund of Surplus. - When money has been deposited, if it remains on deposit...
Section 15-13-43 - Deposit of Federal or State Bonds in Lieu of Cash; Sale of Bonds. - In lieu of a deposit of money, a defendant may...
Article 4 - Effect of Undertaking and Discharge of Bail.
Section 15-13-60 - Extent Undertaking Binds Parties Thereto. - The undertaking of bail binds the parties thereto, jointly and...
Section 15-13-61 - When Bail Not Deemed Discharged. - No bail undertaking shall be discharged by reason of the...
Section 15-13-62 - Exoneration of Bail by Surrender of Defendant Prior to Conditional Judgment; Bail May Arrest or Authorize Arrest of Principal. - Bail may, at any time before a conditional judgment is...
Section 15-13-63 - Arrest of Defendant by Bail After Conditional Judgment. - After the entry of conditional judgment against any surety on...
Section 15-13-64 - Surrender of Defendant to Sheriff Required to Exonerate Bail; When New Bail Allowed. - To exonerate the bail, the surrender of the defendant must...
Section 15-13-65 - Return of Cash Deposit Upon Surrender by Defendant. - If money has been deposited instead of bail and at...
Article 5 - Forfeiture.
Section 15-13-80 - Failure of Defendant to Appear; Forfeiture of Money Deposited in Lieu of Bail. - (a) The essence of all undertakings of bail, whether upon...
Section 15-13-81 - Conditional Judgment - Entry; Notice to Defendant; Execution and Return of Notice; Alias Notices. - (a) When an undertaking of bail is forfeited by the...
Section 15-13-82 - Conditional Judgment - When Set Aside or Made Absolute; When Excuses for Default Heard. - (a) If the defendants appear and show sufficient cause for...
Article 6 - Alabama Bail Reform Act of 1993.
Section 15-13-100 - Short Title. - This article shall be known and may be cited as...
Section 15-13-101 - Definitions. - As used in this article, the following terms shall have...
Section 15-13-102 - Definitions and Purpose of Bail. - As used in this article, "bail" is the release of...
Section 15-13-103 - Order and Amount of Bail. - Admission to bail is the order of a judicial officer...
Section 15-13-104 - Order of Bail to Be Affixed to Warrants. - Judicial officers shall see that the amount of bail is...
Section 15-13-105 - Order of Bail in Warrantless Arrest Cases. - In cases where a defendant is arrested without a warrant...
Section 15-13-106 - Illegal Commitment. - Except in cases where there is no right to release...
Section 15-13-107 - Who May or Shall Accept, Take, and Approve Bail and Under What Circumstances. - (a) Judges of any court within the State of Alabama...
Section 15-13-108 - Bail as a Matter of Right. - In all cases of misdemeanors and felonies, unless otherwise specified,...
Section 15-13-109 - Bail in Probation Violation Cases. - In cases where the defendant has been placed on, or...
Section 15-13-110 - Professional Bondsmen - Right to Interview. - Sheriffs, chiefs of police, jailers, or other law enforcement officers...
Division 2 - Four Kinds of Bail and Their Definitions.
Section 15-13-111 - Kinds of Bail. - For persons arrested and taken into custody, there shall be...
Division 3 - Bond Forms — Entry and Return.
Section 15-13-112 - Bond Forms. - The Supreme Court of Alabama shall prescribe the different forms...
Division 4 - Effect of Undertaking and Discharge of Bail.
Section 15-13-113 - Effect of Undertaking: To What Extent Binds Parties Thereto. - The undertaking of bail binds the parties thereto, jointly and...
Section 15-13-114 - Obligation of Sureties Continues During Trial. - The obligation of the sureties continues throughout every stage of...
Section 15-13-115 - Obligation of Sureties in Probation Cases. - The obligation of sureties is continued beyond the finding of...
Section 15-13-116 - Surrender of Principal in Open Court. - When the defendant is before the court pertaining to the...
Section 15-13-117 - Authorized Arrest of Defendant by Surety and Exoneration of Bail Prior to Conditional Forfeiture. - The sureties of bail may, at any time before a...
Section 15-13-118 - Arrest of Defendant by Surety After Conditional Forfeiture. - After the entry of a conditional forfeiture against any surety...
Section 15-13-119 - Surrender of Defendant to His or Her Original Custodians Necessary to Exonerate Bail; When New Bail Is Allowed. - To exonerate the bail, the surrender of the defendant, other...
Section 15-13-120 - Substitution of Bail. - After a defendant has been released on either one of...
Section 15-13-121 - Bail Not Discharged by Irregularities or by Want of Qualifications. - No bail shall be discharged by reason of the want...
Section 15-13-122 - Bondsman's Process - Detainer. - In instances in which the surety or sureties have in...
Section 15-13-123 - Surety Discharged - Failing to Accept Detainer. - In all cases where any law enforcement officer, as described...
Division 5 - Arrest by Principal's Sureties, Procedure of Arrest, Bondsman's Process.
Section 15-13-124 - Bondsman's Process. - A bondsman's process is that document which is issued by...
Section 15-13-125 - When the Clerk Shall Issue a Bondsman's Process. - The clerk of the court having jurisdiction over the defendant...
Section 15-13-126 - Return of Bondsman's Process. - (a) All bondsman's processes, when executed by sureties or other...
Section 15-13-127 - Bondsman's Processes Have Certified Copy of Undertaking Attached. - The clerk shall see that all bondsman's processes have a...
Section 15-13-128 - Form for Bondsman's Process. - The following shall be substantially the form to be used...
Section 15-13-129 - Arrest of Principal by Out-of-State Surety. - All bondsmen or sureties from out of the State of...
Division 6 - Forfeiture - Proceedings Thereon.
Section 15-13-130 - Cash Bail - Undertaking of Bail: Basis of and When Forfeited. - The basis of all undertakings of bail, whether upon a...
Section 15-13-131 - Proceeding in Forfeiture of Bail - Not Cash - Conditional Forfeitures Order. - (a) When a defendant fails to appear in court as...
Section 15-13-132 - Conditional Forfeiture Notice to Defendant and Sureties. - A notice of the rendition of the judgment set forth...
Section 15-13-133 - Provisions of Sureties Address for Service. - It shall be the sole responsibility of any defendant or...
Section 15-13-134 - Service of Forfeiture Notice. - A conditional forfeiture notice may be served by any law...
Section 15-13-135 - Returns "Not Found" or Certified Mail Returned. - If the notice is not served on any of the...
Section 15-13-136 - Failure to Issue and Serve Conditional Forfeiture in 90 Days. - In forfeiture cases where the clerk of the court has...
Section 15-13-137 - Conditional Judgment Set Aside, Reduced, or Made Absolute. - If the defendants appear and show sufficient cause for the...
Section 15-13-138 - Conditions for Which It Shall Be Mandatory for the Court to Set Aside Forfeiture. - The court shall set aside the conditional forfeiture in its...
Section 15-13-139 - Remission After Final Judgment of Forfeiture. - In forfeiture cases where the sureties have paid the amount...
Section 15-13-140 - Reasons for Default Heard at Any Time, and Allowed Without Costs. - Reasons for default shall be heard by the court on...
Section 15-13-141 - Revocation of Authority to Execute Bail by Clerk. - In all cases where a conditional forfeiture has been made...
Division 7 - Qualification of Bail - Judicial Public Bail.
Section 15-13-142 - Judicial Public Bail - Authority of Release Person. - Only a judicial officer may release a person on judicial...
Section 15-13-143 - Procedure for Bail Hearings. - A judicial public bail hearing may commence by a motion...
Section 15-13-144 - Notice to Prosecutor. - Prior to the hearing, the judicial officer shall have the...
Section 15-13-145 - Defendants Who May Be Eligible. - Any person charged with a felony, misdemeanor, or violation shall...
Section 15-13-146 - Judicial Public Bail Release. - Any person charged with an offense other than an offense...
Section 15-13-147 - Determination of Conditions of Release. - In determining the restrictions and conditions of release that will...
Section 15-13-148 - Additional Conditions. - A judicial officer ordering the release of a person on...
Section 15-13-149 - Order of Release. - A judicial officer authorizing the release of a person shall...
Section 15-13-150 - Cumulative Punishment. - Nothing in this chapter shall interfere with or prevent the...
Section 15-13-151 - Evidence. - Information stated in, or offered in connection with, any order...
Division 8 - Property Bail, Qualifications, Value of Property, Property Owners as Surety.
Section 15-13-152 - Qualification for Property Bail. - The qualifications for property bail are that each surety be...
Section 15-13-153 - Value of Property Determined by Approving Authority. - Any person having the authority to approve and accept property...
Section 15-13-154 - False Information on Property Affidavit. - Any person or owner of property who willfully or intentionally...
Section 15-13-155 - Property Owners as Surety - Limited. - A property owner shall not execute or become surety for...
Section 15-13-156 - Filing of Lien in Default Cases - Release. - (a) Clerks of all courts of the state and its...
Section 15-13-157 - Collection - Property Bail Forfeitures. - The clerks of all courts of the State of Alabama...
Division 9 - Cash Bail.
Section 15-13-158 - Cash Bail: Deposit With Clerk. - At any time after an order admitting a defendant to...
Division 10 - Qualification and Regulation.
Section 15-13-159 - Qualifications - Professional Surety Company. - No professional surety company shall execute or become surety on...
Section 15-13-160 - Qualifications - Professional Bail Companies. - No professional bail company shall execute or become surety on...
Section 15-13-161 - Filing Original Documents - Circuit Clerk. - Professional surety and professional bail companies shall file all corporate...
Section 15-13-162 - Surety Bond and Escrow Agreements - Forms. - All corporate surety bonds and escrow agreements shall contain essentially...
Section 15-13-163 - Revocation by Circuit Judges. - The presiding judge of the circuit court may, and on...
Division 11 - Miscellaneous.
Section 15-13-164 - Misrepresentation as Surety. - Any person who becomes surety on any bail for a...
Article 7 - Bail for Persons Arrested for Certain Domestic Violence Offenses or Violation of Protection Order.
Section 15-13-190 - Procedures Upon Arrest; Conditions of Release or Bail. - (a) A person arrested for domestic violence in the first...
Article 8 - Alabama Bail Bond Regulatory Act.
Section 15-13-200 - Short Title. - This article shall be known and may be cited as...
Section 15-13-201 - Definitions. - For the purposes of this article, the following terms shall...
Section 15-13-202 - License Requirements; Apprentice License. - (a) An individual may not hold himself or herself out...
Section 15-13-203 - Alabama Professional Bail Bonding Board - Creation; Composition; Adoption and Enforcement of Rules; Compensation. - (a) The Alabama Professional Bail Bonding Board is created to...
Section 15-13-204 - Alabama Professional Bail Bonding Board - Liability. - (a) Pursuant to Section 36-1-12, the members and employees of...
Section 15-13-205 - Alabama Professional Bail Bonding Board - President and Vice President. - At the initial meeting of the board and each time...
Section 15-13-206 - Alabama Professional Bail Bonding Board - Alabama Bail Bond Board Fund. - (a) There is created in the State Treasury for the...
Section 15-13-207 - Alabama Professional Bail Bonding Board - Rulemaking Authority; Canons of Ethics and Professional Standards; Personnel. - (a) The board may adopt rules necessary to implement this...
Section 15-13-208 - Alabama Professional Bail Bonding Board - Meetings; Quorum. - (a) The board shall establish regular and special meetings for...
Section 15-13-209 - Licensing Violations. - (a) Except as otherwise provided in this article, it shall...
Section 15-13-210 - Application for Licensure. - (a) An application and all information on an application for...
Section 15-13-211 - Licensure Requirements. - Each individual applicant shall meet all of the following criteria,...
Section 15-13-212 - Denial of Licensure; Application for Reconsideration; Issuance and Display of License. - (a)(1) If an application for a license is denied, the...
Section 15-13-213 - Identification Card. - (a) The board shall issue to every bondsman licensee an...
Section 15-13-214 - Civil Penalty for False Statements to Board. - Making a false statement to the board shall be punishable...
Section 15-13-215 - Suspension, Revocation, etc., of License; Renewal of Suspended License. - (a) The board may suspend, revoke, or refuse to issue...
Section 15-13-216 - Application of Administrative Procedure Act. - The Administrative Procedure Act shall govern all matters and procedures...
Section 15-13-217 - Examination; Continuing Education; Certification; Costs and Fees. - (a) A professional bondsman, professional surety bondsman, or recovery agent...
Section 15-13-218 - Effect of Criminal or Civil Actions Under Article. - No criminal or civil action taken under this article precludes...
Section 15-13-219 - Sunset Provisions. - The board shall be subject to the Alabama Sunset Law,...
Chapter 14 - Trial Arrangements.
Section 15-14-1 - Duty of Circuit Clerk to Set Cases for Trial. - It is the duty of the clerk of the circuit...
Section 15-14-2 - Defendant Not to Be Tried Until Case on Docket One Day. - No person shall be tried on an indictment presented by...
Section 15-14-3 - Fixing of Time for Trial of Capital Cases. - The court may, on any day of the session, fix...
Section 15-14-4 - Court May Allow Omission in Testimony to Be Supplied Before Argument Concluded. - The court may, at its discretion, at any time before...
Article 2 - Joint or Several Trials.
Section 15-14-20 - Election by Jointly Indicted Defendants. - When two or more defendants are jointly indicted, they may...
Article 3 - Trial With or Without Jury.
Section 15-14-30 - Demand for Jury in Misdemeanor Cases in Circuit Court. - In all misdemeanor cases in the circuit court, the issues...
Article 4 - Crime Victims' Court Attendance.
Section 15-14-50 - Short Title. - This article shall be known as and may be cited...
Section 15-14-51 - Legislative Findings; Purpose of Article. - (a) The Legislature hereby finds and determines that it is...
Section 15-14-52 - Definitions. - Unless the context clearly requires otherwise or unless different meanings...
Section 15-14-53 - Right of Victim to Be Present in Courtroom. - The victim of a criminal offense shall be entitled to...
Section 15-14-54 - Victim May Not Be Excluded From Courtroom; Removal Generally. - A victim of a criminal offense shall not be excluded...
Section 15-14-55 - Exemption From Rule Requiring Exclusion of Witnesses From Court. - A victim of a criminal offense shall be exempt from...
Section 15-14-56 - Designation of Representative When Victim Unable to Attend. - (a) Whenever a victim is unable to attend such trial...
Section 15-14-57 - Effect of Nonattendance of Representative. - The failure of a victim or a person designated to...
Chapter 15 - Pleading.
Section 15-15-1 - Entry of Not Guilty Plea for Defendant Upon Refusal to Plead. - If a defendant, when arraigned, refuses or neglects to plead...
Section 15-15-2 - Judgment May Be Pleaded Without Averring Jurisdictional Facts. - In pleading a judgment or other judicial proceeding or determination...
Section 15-15-3 - How Plea Determined. - In criminal proceedings, a plea is to be determined according...
Section 15-15-4 - Forms of Pleas, Replications, Rejoinders and Demurrers. - The following forms of pleas, replications, rejoinders and demurrers are...
Article 2 - Guilty Pleas.
Section 15-15-20.1 - Non-Capital Felony Offense. - (a) In any criminal proceeding for a non-capital felony offense...
Section 15-15-21 - Information Preferred and Filed Against Defendant. - When the desire of a defendant to plead guilty is...
Section 15-15-22 - Fixing of Date to Formally Make and Enter Plea; Service of Notice. - When an information has been filed as provided in Section...
Section 15-15-23 - Hearing of Testimony; Receiving of Plea; Entry of Judgment; Sentencing of Defendant. - (a) Upon the date fixed for the formal plea of...
Section 15-15-24 - Determination of Degree of Offense and Fixing of Punishment; When Jury Impaneled. - (a) If a defendant upon arraignment or prior to trial...
Section 15-15-25 - When Plea Not Accepted. - If the court, after hearing a plea of guilty by...
Section 15-15-26 - No Right of Appeal. - After the court has heard and considered a plea of...
Article 3 - Pleas in Abatement.
Section 15-15-40 - Objection to Formation of Grand Jury or Indictment Generally. - (a) No objection to an indictment on any ground going...
Section 15-15-41 - When Filed Generally. - Any plea in abatement to an indictment must be filed...
Section 15-15-42 - Verification. - No plea in abatement or other dilatory plea to an...
Section 15-15-43 - Abatement of Prosecution of Misdemeanor in Circuit Court When Case Commenced and Pending in District or Municipal Court. - (a) The original jurisdiction of the circuit courts over felonies...
Section 15-15-44 - When Plea on Ground Grand Jurors Improperly Drawn to Be Filed; Procedure When Plea Sustained. - A plea to an indictment, on the ground that the...
Chapter 16 - Insanity.
Section 15-16-1 - Defense of Insanity to Be by Special Plea. - When the defense of insanity is set up in any...
Section 15-16-2 - Presumption of Responsibility for Acts; Burden of Proving Irresponsibility. - Every person over 14 years of age charged with crime...
Section 15-16-3 - Costs of Moving Prisoners to Be Defrayed by State; Recovery of Costs by State. - The costs of removing an insane prisoner to and from...
Article 2 - Confined Persons.
Section 15-16-20 - Duty of Judge to Institute Investigation on Sanity of Certain Confined Persons; Proceedings Where Person Found Insane. - If any person other than a minor in confinement, under...
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. - If any person charged with any felony is held in...
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; Expenses of Removal of Defendant. - (a) Whenever it shall be made known to the presiding...
Section 15-16-23 - Suspending Execution of Death Sentence of Insane Convict; Order Upon Restoration to Sanity; Limitations on Jurisdiction to Suspend Execution. - If after conviction and sentence to death, but at any...
Section 15-16-24 - Special Verdict of Not Guilty Due to Insanity; General Verdict of Not Guilty or Verdict of Conviction. - If it shall appear from the evidence that a defendant...
Article 3 - Commitment.
Section 15-16-41 - Determination of Necessity for Hearing as to Involuntary Commitment of Defendant Found Not Guilty by Reason of Insanity; Subsequent Proceedings. - If a defendant in a criminal case is found not...
Section 15-16-42 - Final Hearing Following Finding of Probable Cause. - Whenever the court finds probable cause pursuant to Section 15-16-41,...
Section 15-16-43 - Commitment of Defendant Upon Finding of Mental Illness. - THIS SECTION WAS AMENDED BY ACT 2022-202 IN THE 2022...
Article 4 - Criminal Psychopath Release Restriction Act.
Section 15-16-60 - Short Title. - This article shall be entitled "The Criminal Psychopath Release Restriction...
Section 15-16-61 - Definitions. - The following definitions shall apply to this article: (1) COURT....
Section 15-16-62 - Defendant Not Released From Custody Unless Authorized by Court Order. - When a defendant in a criminal case has been committed...
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. - Whenever the department or other facility with custody of a...
Section 15-16-64 - Date of Hearing; Notice. - The court shall set a hearing to be held within...
Section 15-16-65 - Appointed Counsel; Payment. - Where the defendant does not have an attorney, the court...
Section 15-16-66 - Release of Defendant Upon Failure to Hold Hearing. - If a hearing is not held within 60 days of...
Section 15-16-67 - Determination as to Condition of Defendant; Disposition of Defendant. - If, after conducting the hearing, the court determines that the...
Section 15-16-68 - Court-Imposed Conditions for Release. - The conditions that the court may impose upon release, if...
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. - If conditional release is ordered, the court shall state the...
Section 15-16-70 - Modification of Release Conditions or Order to Return for Further Treatment; Notice of Hearing; Standard for Modifications and Orders. - If at any time it appears that the defendant has...
Section 15-16-71 - Removal of Conditions of Release or Release Without Conditions After Notice and Hearing. - If at any time after a defendant has been conditionally...
Chapter 17 - Verdict.
Section 15-17-2 - When Jury Cannot Agree Upon Verdict as to All Jointly Tried Defendants. - When several persons are indicted and tried jointly, if the...
Section 15-17-3 - Conviction Where Act May Be Committed by Different Intents, Modes or Means. - When the intent with which, the mode in or the...
Section 15-17-4 - Conviction if Any Result Charged Produced by Act. - When an act done may be attended by more results...
Section 15-17-5 - Grounds for Granting New Trials; Costs Thereof. - (a) On motion filed within 30 days from entry of...
Chapter 18 - Sentence and Punishment.
Section 15-18-1 - Legal Punishments; Sentencing; Liability of Department of Corrections for Costs. - (a) The only legal punishments, besides removal from office and...
Section 15-18-4 - Service of State Sentence Concurrently With Federal Sentence in Federal Penal System. - When an offender who is under sentence from a federal...