Title 15 — Title 15

(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…

Authorized; Procedure. (a) The commission may award compensation for economic loss arising from criminally injurious conduct if satisfied by a preponderance of the evidence that the requirements for compensation have been met. (b) The commission shall hear and determine all matte…

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…

Preparation Without Loss of Employment or Fear of Loss. The victim shall respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss …

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. History: (Acts 1995, No. 95-583, p. 1234, §24.)

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

Collateral Source Contribution Not Required. The commission shall not require any claimant to seek or accept any collateral source contribution, unless the claimant was receiving or was entitled to receive such benefits prior to the occurrence giving rise to the claim under the p…

This chapter shall be known as the “Intellectually Disabled Defendant Act.” History: (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…

of Affidavit. The verified affidavit shall be furnished to the trial judge, prosecutor, and defendant’s attorney. Said affidavit may be used in connection with the decisions relative to bail hearings, determination of place of detention, and ultimate disposition of such case. His…

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. History: (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. History: (Acts 1985, No. 85-652, p. 1020, §7.)

or Protected Person - Application; Definitions. (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 “p…

Protected Person - Videotaped Deposition; Who May Be Present; Procedure; Protective Order; Appointment of Counsel. (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 n…

Protected Person - Use of Closed Circuit Equipment; Who May Be Present; Procedure; Competence of Victim as Witness; Appointment of Counsel. (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 …

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

375) [Effective until October 1, 2026.] AMENDED BY ACT 2026-375, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. An out-of-court statement made by a child under 12 years of age at the time the statement is made, or by a protected person as defined in Section 15-25-1, con…

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…

THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-201 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. History: (Acts 1989, No. 89-876, p. 1754, §4.)

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. History: (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. History: (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. History: (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…

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. History: (Acts 1985, No. 85-743, p. 1143, §4.)

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. History: (Acts 1989, No. 89-876, p. 1754, §10.)

Deposition of Victim or Witness Under Age 12 or a Protected Person. 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…

Witness. 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 o…

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…

(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…

Any law enforcement officer issuing a Uniform Traffic Ticket and Complaint or a Uniform Non-Traffic Citation and Complaint within the jurisdiction of the court may utilize audio-video communication equipment to acknowledge under oath facts alleged on the complaint. The audio-vide…

Audio-Video Communication Device. At the discretion of the district attorney, any grand jury proceeding involving sworn police officers may be conducted by an audio-video communication device. The audio-video communication shall enable the district attorney, the grand jury, and t…

For any proceeding which is required to be open to the public, television monitors shall be situated in the courtroom and at the place of incarceration to ensure the public, the court, and the defendant a clear view of the proceedings. History: (Acts 1996, No. 96-732, p. 1224, §6…

Crime. (a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, 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 a victim of or witness to a…

Human Trafficking Crime. (a) In any criminal prosecution under Article 8 of Chapter 6 of Title 13A, the court, on motion of the state or the defendant prior to the trial of the case, may order that the testimony of any victim of the crime or witness to the crime shall be viewed a…

Violation, or Municipal Ordinance Violation. (a) A person who has been charged with a misdemeanor offense, violation, traffic violation, or municipal ordinance violation may file a petition in the criminal division of the circuit court in the county in which the charges were file…

(a) Nothing in this chapter shall prohibit a criminal justice agency, a law enforcement agency or official, a district attorney or a prosecuting authority, the Alabama Department of Forensic Sciences, or the Department of Human Resources from maintaining an investigative file, re…

An order of expungement, pursuant to this chapter may include, but is not limited to, the petitioner’s true name, all aliases, current physical address, date of birth, Social Security number, or any other vital identifier sufficient to notify the record keeper of the records to b…

No order of expungement shall be granted unless all terms and conditions, including court ordered restitution, are satisfied and paid in full, including interest, to any victim, or the Alabama Crime Victim’s Compensation Commission, as well as court costs, fines, or statutory fee…

Upon request, the Administrative Office of Courts shall provide an annual report to the Legislature specifying the number of applicants requesting expungement, the number of expungements granted, a list of the offenses expunged, and a list of the offenses not expunged. The report…

Nothing in this chapter shall be applicable to the Alabama Securities Commission, its statutes, rules, regulations, policies, information repository, or records, nor shall any expungement information, record, document, whether printed, electronic, or otherwise, or file which is e…

An expungement order shall not entitle an individual to ship, transport, possess, or receive a firearm. Any person whose record of conviction is expunged pursuant to this chapter may have his or her right to ship, transport, possess, or receive a firearm restored by a Certificate…

Liability. (a) Notwithstanding any other provision of this chapter, an individual who knows an expungement order was granted pursuant to this chapter and who intentionally and maliciously divulges, makes known, reveals, gives access to, makes public, uses, or otherwise discloses …

Upon determination by the court that a petition for expungement was filed under false pretenses and was granted, the order of expungement shall be reversed and the criminal history record shall be restored to reflect the original charges. History: (Act 2014-292, p. 1043, §17.)