Title 15

It is the discretion of the victim to exercise the right to be present and heard, where authorized by law, at a court proceeding. The absence of the victim at the proceeding of the court does not preclude the court from going forth with the proceeding. The right of the victim to …

(a) Prior to the admission of evidence to the court, on request of the victim, after consultation and written approval by the district attorney or Attorney General, the law enforcement agency responsible for investigating the criminal offense shall return to the victim any proper…

Any custodial agency having physical custody of the prisoner, if provided a request for notice, shall mail to the victim the following information: (1) Notice of an end of sentence release within 15 days prior to the end of the sentence of the prisoner. (2) Notice of the death wi…

(a) The victim shall have the right to be notified, upon written request, that he or she may submit a written statement, or recorded oral transcription, which shall be entered into the prisoner’s Department of Corrections records. The statement shall be considered during any revi…

Upon written request of the victim, the Alabama Department of Mental Health and Mental Retardation, or other facility with custody of the criminal defendant, shall send the victim a copy to the address stated in the request, of its release opinion which was provided to the approp…

The victim shall respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss of employment. (Acts 1995, No. 95-583, p. 1234, §22.)

The clerk of the court is authorized and shall accept partial payments from defendants when directed to do so by the court, pursuant to the conditions in Section 12-19-26. The clerk of the court shall disburse restitution to victims or the authorized recipient, including partial …

The Attorney General or district attorney may assert any right to which the victim is entitled. (Acts 1995, No. 95-583, p. 1234, §24.)

The failure to provide a right, privilege, or notice to a victim under this article shall not be grounds for the defendant to seek to have the conviction or sentence set aside. (Acts 1995, No. 95-583, p. 1234, §25.)

As used in this article, the following words shall have the following meanings: (1) ALLEGED VICTIM. A person or persons to whom transmission of body fluids from the perpetrator of the crime occurred or was likely to have occurred in the course of the alleged crime. (2) PARENT OR …

When a person has been charged with the crime of rape, sodomy, sexual misconduct, sexual torture, sexual abuse, assault by bodily fluids, or any other crime in which the victim was compelled to engage in sexual activity by force or threat of force, and it appears from the nature …

(a)(1) If the district attorney files a motion under Section 15-23-101, the court shall order the person charged to submit to testing if the court determines there is probable cause to believe that the person charged committed the crime of rape, sodomy, sexual misconduct, sexual …

(a) The results of tests or reports, or information therein, obtained under Section 15-23-102 shall be confidential and shall not be divulged to any person not authorized to receive the information. (b) A violation of this section is a Class C misdemeanor. (Act 2006-572, p. 1504,…

This article shall be implemented by the Department of Public Health to the extent state funds are available to pay all costs associated with the requirements of this article. The court may order the person charged to pay for or reimburse the state for the cost of all testing. (A…

This article shall be known and may be cited as the Sexual Assault Survivors Bill of Rights. (Act 2021-481, §1.)

(a) A sexual assault survivor has the following rights: (1)a. Not to be prevented from, or charged for, receiving a medical forensic examination. b. For the purposes of this subdivision, a health care provider may bill a health insurer for providing a medical forensic examination…

The Attorney General shall develop a survivor notification document to be distributed by a law enforcement officer or a medical provider upon initial contact with a survivor of sexual assault. The notification document shall be made available on the Attorney General’s public webs…

(a) The Attorney General shall establish the Sexual Assault Task Force. The task force shall develop, coordinate, and disseminate national protocols, produced by the U.S. Department of Justice, regarding the care and treatment of sexual assault survivors and the preservation of f…

Nothing in this article shall be construed to establish a standard of care for medical providers or physicians, or otherwise modify, amend, repeal, or supersede any provision of Section 6-5-333, the Alabama Medical Liability Act of 1987, commencing with Section 6-5-540, or the Al…

This chapter shall be known as the “Intellectually Disabled Defendant Act.” (Acts 1985, No. 85-652, p. 1020, §1.)

For the purpose of this chapter, the following terms shall have the respective meanings ascribed by this section: (1) COURT. The court having jurisdiction over the offense charged. (2) DEFENDANT. Any person accused of a criminal offense against state laws. (3) INTELLECTUALLY DISA…

Following the arrest and detention of any person for an offense against the laws of this state, either the defendant or the state may, by verified affidavit filed with the court having jurisdiction, establish that the defendant is a person who has been identified as intellectuall…

The verified affidavit shall be furnished to the trial judge, prosecutor, and defendant’s attorney. Said affidavit may be used in connection with the decisions relative to bail hearings, determination of place of detention, and ultimate disposition of such case. (Acts 1985, No. 8…

If the defendant is determined by the court to be intellectually disabled, the judge may: (1) Consider the information submitted in determining the need for pretrial release along with appropriate conditions, or (2) Order that the defendant, if he is not released, be accorded pla…

The verified affidavit shall become a part of the court record and shall be available for proper use in bail hearings, determination of place of detention, and ultimate disposition of such case. (Acts 1985, No. 85-652, p. 1020, §6.)

No information gained as a result of the provisions of this chapter shall be admissible in evidence either for or against the defendant on the issue of guilt in any criminal proceeding. (Acts 1985, No. 85-652, p. 1020, §7.)

(a) This article shall apply to any criminal prosecution for a physical offense, a sexual offense, or a violent offense where the alleged victim or witness is a child or a protected person. (b) For the purposes of this article, a “physical offense, a sexual offense, or a violent …

(a) In any criminal prosecution referred to in Section 15-25-1, the court, upon motion of the district attorney or Attorney General, for good cause shown and after notice to the defendant, may order the taking of a video deposition of an alleged victim of or witness to the crime …

(a) In those criminal prosecutions set out in Section 15-25-1, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any alleged victim of the crime or a witness to the crime who is a child or protected person at the ti…

There is hereby appropriated from the State General Fund the sum of $104,400.00 to the unified judicial system to furnish courts with the necessary equipment to view videotaped depositions as provided for in this article. (Acts 1985, No. 85-743, p. 1143, §4.)

In any criminal proceeding and juvenile cases where the defendant is alleged to have had unlawful sexual contact with a child or a protected person, the court shall permit the use of anatomically correct dolls or mannequins to assist an alleged victim or witness who is under the …

In all criminal cases and juvenile proceedings involving offenses set out in Section 15-25-1, where the victim or a witness to the offense is a child or a protected person, the court and the prosecuting attorney shall take appropriate action to ensure a speedy trial in order to m…

In any criminal prosecution referred to in Section 15-25-1, the court may allow leading questions at trial by the prosecution or defense of any victim or witness in a case who is under the age of 12 or is a protected person, if the court determines that the allowance of leading q…

This article shall be entitled “The Child and Protected Person Physical and Sexual Abuse, and Violent Offense Victim Protection Act.” (Acts 1989, No. 89-876, p. 1754, §1; Acts 1994, No. 94-704, p. 1359, §1; Act 2022-201, §2.)

An out-of-court statement made by a witness or a victim who is a child under 18 years of age at the time the statement is made, or by a protected person as defined in Section 15-25-1, concerning an act that is a material element of any crime involving a physical offense, sexual o…

An out-of-court statement may be admitted as provided in Section 15-25-31, if either of the following occur: (1) The witness testifies at the proceeding, testifies by means of video deposition as provided by Section 15-25-2, or testifies by means of closed circuit television as i…

Before a statement may be admitted pursuant to this article on the grounds that the declarant is unavailable as a witness, the statement may be admitted only if there is corroborative evidence of the act. (Acts 1989, No. 89-876, p. 1754, §4.5; Act 2022-201, §2.)

The proponent of the statement must inform the adverse party of the opponent’s intention to offer the statement and the content of the statement sufficiently in advance of the proceeding to provide the defendant with a fair opportunity to prepare a response to the statement befor…

The court shall inform the jury that the out-of-court statement was taken without the defendant being afforded cross examination of the out-of-court statement. (Acts 1989, No. 89-876, p. 1754, §6; Act 2022-201, §2.)

In determining whether a statement possesses particularized guarantees of trustworthiness pursuant to Section 15-25-32, the court shall consider any of the following factors: (1) The witness’s personal knowledge of the event. (2) The age and maturity of the witness. (3) Certainty…

The court shall support with findings and record any rulings pertaining to the witness’s unavailability and the trustworthiness of the out-of-court statement. (Acts 1989, No. 89-876, p. 1754, §8; Act 2022-201, §2.)

For purposes of this article, “a physical offense, sexual offense, or violent offense” is defined to include the following crimes, when one or more of the victims or witnesses is a child under 12 years of age or is a protected person as provided in Section 15-25-1: (1) A sex offe…

Nothing contained in this article shall be construed to limit or prevent the admissibility of any out-of-court statement that would be admissible if this article did not exist. (Acts 1989, No. 89-876, p. 1754, §10.)

(a) Whenever the law requires a defendant in a criminal case to appear before any judge or magistrate for a first or subsequent appearance, bail, arraignment, or other pre-trial, bench trial, or post trial proceeding, at the discretion of the court, the proceeding may be conducte…

(a) If the court has provided for the use of an audio-video communication system to facilitate communication between the court and the defendant during any pre-trial, bench trial, or post trial proceeding, the physical presence of the defendant in open court during the proceeding…

Any documents filed during the audio-video communication may be transmitted electronically, including but not limited to, facsimile, personal computers, host computers, other terminal devices, and local, state, and national data networks. The electronic data transmission may be s…