Article 1 General Provisions 15-18-1 – 15-18-9
Article 2 Punishment Fixed by Court 15-18-21
Article 4 Costs and Fines 15-18-60 – 15-18-64
Article 4A Restitution to Victims of Crimes 15-18-65 – 15-18-78
Article 5 Death Penalty 15-18-80 – 15-18-86
Article 6 Stay of Execution 15-18-100
Article 7 Inmate Community Reintegration Program 15-18-110 – 15-18-123
Article 8 Alabama Restitution Withholding 15-18-140 – 15-18-151
Article 9 Community Punishment and Corrections 15-18-170 – 15-18-186
Article 10 15-18-200

Terms Used In Alabama Code > Title 15 > Chapter 18 - Sentence and Punishment

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • agent: The same meaning as in subdivision (2) of Section 8-6-2. See Alabama Code 8-6-171
  • agreement: Any agreement between a wholesaler and a supplier, whether oral or written, whereby a wholesaler is granted the right to purchase and sell a brand or brands of wine sold by a supplier. See Alabama Code 45-49-23.01
  • aids: Acquired Immune Deficiency Syndrome. See Alabama Code 22-11A-50
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • ANCILLARY BUSINESS: A business owned by a wholesaler, or by a substantial partner of a wholesaler, the primary business of which is directly related to the transporting, storing, or marketing of the brand or brands of wine of a supplier with whom the wholesaler has an agreement; or a business owned by a wholesaler, a substantial stockholder of a wholesaler, or a substantial partner of a wholesaler which recycles empty beverage containers. See Alabama Code 45-49-23.01
  • animal: Every living creature, domestic or wild, with the exception of man and animals used for illegal gaming purposes. See Alabama Code 13A-11-152
  • ANIMAL OR CROP FACILITY: Any facility engaging in scientific research, education, or agricultural production of or involving the use of animals or crops including any organization with the primary purpose of representing livestock or crop production or processing; any organization with a primary purpose of promoting or marketing livestock or crops; any organization with a primary purpose of promoting or marketing livestock or crop products or materials; any person licensed to practice veterinary medicine; any person licensed to apply chemical applications not limited to pesticides, insecticides, rodenticides, or herbicides; any organization with a primary purpose of representing any of the above; the owner, operator, and employees of any animal or crop facility; and any vehicle, building, greenhouse, structure, laboratory, pasture, field, paddock, pond, impoundment, or premises where animals or crops are located. See Alabama Code 13A-11-152
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • APPLICATION PROCESS AND PROCEDURES: The criteria and guidelines developed by the Department of Corrections for the establishment of community punishment and corrections programs, the granting of funds for programs authorized herein, and the monitoring, evaluation, and review of programs funded herein. See Alabama Code 15-18-171
  • APPOINTING AUTHORITY: In the case of employees in the offices of the elected officials of the county, such elected officials, and means, in the case of all other county employees, the county governing body, or the board or other agency supervising their work. See Alabama Code 45-48-121
  • Appraisal: A determination of property value.
  • apprentice: Any person practicing in a barber or haircutting shop to acquire the skill of a barber or haircutter after having completed the requirements of a student, under this part. See Alabama Code 45-49-40.01
  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: as used in this chapter , refers to the attorney-in-fact of a reciprocal insurer. See Alabama Code 27-31-5
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • authority: The Civic Center Authority created by this part. See Alabama Code 45-39A-11
  • AUTHORIZING ACT: Any of the following statutes or acts:

    a. See Alabama Code 8-6-110

  • Balanced budget: A budget in which receipts equal outlays.
  • bank: A bank, trust company, national banking association, savings bank, or industrial bank. See Alabama Code 8-6-91
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • barber: Any person licensed under this part to do the work of a barber. See Alabama Code 45-49-40.01
  • BARBER SCHOOL: Any establishment rendering for compensation the several services constituting the barber shop trade, but having for its primary purpose the teaching, for tuition fees, of the theories and practices of such services. See Alabama Code 45-49-40.01
  • BARBER SHOP: Any establishment having as its primary purpose the rendering for compensation of the several services constituting the barber shop trade. See Alabama Code 45-49-40.01
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • board: The personnel board created by this part. See Alabama Code 45-48-121
  • board: The Alcoholic Beverage Control Board. See Alabama Code 28-3-1
  • board: The board of directors of the authority or the board of directors of a nonprofit entity. See Alabama Code 15-18-171
  • broker: A person, including a bank, lawfully engaged in the business of effecting transactions in securities for the account of others and includes a broker lawfully engaged in buying and selling securities for his own account. See Alabama Code 8-6-91
  • BROKER-DEALER: The same meaning as in subdivision (3) of Section 8-6-2. See Alabama Code 8-6-171
  • CABLE SYSTEM: A facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but the term does not include any of the following:

    a. See Alabama Code 45-39-250

  • Capital offense: A crime punishable by death.
  • Chambers: A judge's office.
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Alabama Code 7-2A-103
  • commission: The Alabama Securities Commission existing under Article 2 (commencing with Section 8-6-50) of Chapter 6 of Title 8. See Alabama Code 8-6-110
  • commission: The Alabama Securities Commission. See Alabama Code 8-6-171
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • commissioner: The Commissioner of Agriculture and Industries for the State of Alabama. See Alabama Code 13A-11-152
  • commissioner: The Commissioner of the Department of Corrections

    (3) STATE CORRECTIONAL INSTITUTION. See Alabama Code 15-18-111

  • commissioner: The Commissioner of the Department of Corrections. See Alabama Code 15-18-171
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • community: The county or counties comprising one or more judicial circuits. See Alabama Code 15-18-171
  • COMMUNITY PUNISHMENT AND CORRECTIONS AUTHORITY: A public corporation organized pursuant to the provisions of this article. See Alabama Code 15-18-171
  • COMMUNITY PUNISHMENT AND CORRECTIONS PLAN: A document prepared by the county commission or an authority, or nonprofit entity, and submitted to the Department of Corrections in accordance with the requirements set forth in the application process and procedure, which identifies proposed community-based programs to be implemented within the county in accordance with the terms of this article and justifies the funding of such programs with regard to local need and community support. See Alabama Code 15-18-171
  • COMMUNITY PUNISHMENT AND CORRECTIONS PROGRAM: Any program designed as an alternative to incarceration and maintained by a county commission or an authority or nonprofit entity for the purpose of punishing and for correcting a person convicted of a felony or misdemeanor or adjudicated a youthful offender and which may be imposed as part of a sanction, including, but not limited to confinement, work release, day reporting, home detention, restitution programs, community service, education and intervention programs, and substance abuse programs. See Alabama Code 15-18-171
  • Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose, if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $100,000. See Alabama Code 7-2A-103
  • conviction: An adjudication of guilt of or a plea of guilty or nolo contendere to the commission of an offense against the laws of this state, any other state or territory, the United States, or a foreign nation recognized by the United States. See Alabama Code 13A-10-190
  • county: Marshall County, Alabama. See Alabama Code 45-48-121
  • COUNTY COMMISSION CHAIRPERSON: The chair of the county commission or his or her representative. See Alabama Code 15-18-171
  • COUNTY INMATE: A person convicted of a misdemeanor. See Alabama Code 15-18-171
  • court: Any circuit or district court of this state. See Alabama Code 15-18-142
  • court: The trial judge exercising sentencing jurisdiction over an eligible offender under this article and includes any successor of the trial judge. See Alabama Code 15-18-171
  • CRIMINAL ACTIVITIES: Any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant. See Alabama Code 15-18-66
  • CRIMINAL OFFENSE: Conduct for which a sentence to a term of imprisonment, or the death penalty, or to a fine is provided by any law of this state or by any law, local law, or ordinance of a political subdivision of this state. See Alabama Code 15-18-142
  • crops: Any shrub, vine, tree, seedling, shoot, slip, or other plant undergoing experimentation or otherwise capable of producing food, fiber, lawful or legal medicines, nursery stock, floral products, or aesthetic beauty. See Alabama Code 13A-11-152
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • defendant: A person, as defined, who has been ordered by a court to pay restitution. See Alabama Code 15-18-142
  • department: The Department of Human Resources. See Alabama Code 8-6-171
  • department: The Department of Corrections. See Alabama Code 15-18-111
  • department: The Department of Corrections. See Alabama Code 15-18-171
  • Dependent: A person dependent for support upon another.
  • DESIGNATED MEMBER: The spouse, child, grandchild, parent, brother, or sister of a deceased individual who owned an interest, including a controlling interest, in a wholesaler; or any person who inherits the deceased individual's ownership interest in the wholesaler under the terms of the deceased individual's will, or under the laws of intestate succession of this state; or any person who or entity which has otherwise by designation in writing by the deceased individual, succeeded the deceased individual in the wholesaler's business, or has succeeded to the deceased individual's ownership interest in the wholesaler pursuant to a written contract or instrument; and also includes the appointed and qualified personal representative and the testamentary trustee of a deceased individual owning an ownership interest in a wholesaler. See Alabama Code 45-49-23.01
  • detonator: A device containing a detonating charge that is used to initiate detonation in an explosive, including, but not limited to, electric blasting caps, blasting caps for use with safety fuses, and detonating cord delay connectors. See Alabama Code 13A-10-190
  • director: The director appointed by the commission pursuant to Section 8-6-55 or, in the absence of the director or his or her inability to act, the deputy director appointed by the director as provided in Section 8-6-57. See Alabama Code 8-6-110
  • director: The Director of the Alabama State Law Enforcement Agency. See Alabama Code 13A-10-190
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • distribute: The actual, constructive, or attempted transfer from one person to another. See Alabama Code 13A-10-190
  • division: The Community Corrections Division of the department. See Alabama Code 15-18-171
  • eligible: A person who has committed an offense not excluded by subdivision (14) and who meets the criteria of Section 15-18-175. See Alabama Code 15-18-171
  • employee: Any person, including law enforcement officers, not excepted by Section 45-48-121. See Alabama Code 45-48-121
  • employer: A person who owes or will owe any wages, salary, tips, commissions, bonuses, or money to defendant as remuneration for employment, past, present, or future, after deducting any amounts required to be withheld by law. See Alabama Code 15-18-142
  • EMPLOYMENT INCOME: Wages, salary, tips, commissions, bonuses, any and all money due or payable to which a defendant is or may be entitled based upon remuneration for employment, past, present or future, less deductions therefrom required to be withheld by law. See Alabama Code 15-18-142
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • EXCLUDED FELONY OFFENDERS: One who is convicted of any of the following felony offenses: Murder, kidnapping in the first degree, rape in the first degree, sodomy in the first degree, arson in the first degree, trafficking in controlled substances, robbery in the first degree, burglary in the first degree, manslaughter, sexual abuse in the first degree, forcible sex crimes, sex offenses involving a child as defined in Section 15-20A-4, or assault in the first degree if the assault leaves the victim permanently disfigured or disabled. See Alabama Code 15-18-171
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • explosive: A chemical compound or other substance or mechanical system intended for the purpose of producing an explosion capable of causing injury to persons or damage to property or containing oxidizing and combustible units or other ingredients in proportions or quantities that ignition, fire, friction, concussion, percussion, or detonator may produce an explosion capable of causing injury to persons or damage to property. See Alabama Code 13A-10-190
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • father: The biological father of the human fetus. See Alabama Code 26-23-2
  • felony: An offense punishable by imprisonment for a term of one year or more, and includes conviction by a court-martial under the Uniform Code of Military Justice for an offense which would constitute a felony under the laws of the United States. See Alabama Code 13A-10-190
  • Fiduciary: A trustee, executor, or administrator.
  • Finance lease: means a lease with respect to which:

    (i) the lessor does not select, manufacture, or supply the goods;

    (ii) the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

    (iii) one of the following occurs:

    (A) the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

    (B) the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

    (C) the lease contract or a separate accurate and complete statement delivered to the lessee discloses in writing (a) all express warranties and other rights provided to the lessee by the lessor and the supplier in connection with the lease contract (b) that there are no other express warranties or rights provided to the lessee by the lessor or the supplier in connection with the lease contract, and (c) in a consumer lease, any waiver, disclaimer, or other negation of express or implied warranties and any limitation or modification of remedy or liquidation of damages for breach of those warranties or other rights of the lessee in a manner as provided in this article or in Article 2, as applicable; or

    (D) the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the supplier, unless the lessee has selected the supplier and directed the lessor to purchase the goods from the supplier, (b) that the lessee is entitled under this article to all warranties and other rights provided to the lessee by the supplier in connection with the lease contract, and (c) to contact the supplier to receive an accurate and complete statement from the supplier of any such express warranties and other rights and any disclaimers or limitations of them or of remedies. See Alabama Code 7-2A-103

  • FINANCIAL EXPLOITATION: Any of the following:

    a. See Alabama Code 8-6-171

  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • GOOD FAITH: Honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade, as defined in and interpreted under the Uniform Commercial Code, Section 7-2-103. See Alabama Code 45-49-23.01
  • Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 7-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Alabama Code 7-2A-103
  • GOVERNING BODY: The county commission, council, board of commissioners, board of directors, or other governing body of any issuer. See Alabama Code 8-6-110
  • GOVERNING BODY: With respect to a county, its county commission or other like governing body exercising the legislative functions of a county. See Alabama Code 15-18-171
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • guarantor: The guarantor of the performance by the lessee of its obligations under a lease or the guarantor of any industrial revenue bonds. See Alabama Code 8-6-110
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • HEALTH CARE FACILITY: A hospital, nursing home, ambulatory surgical center, outpatient surgical facility, ambulance service, rescue squad, paid fire department, volunteer fire department, or any other clinic, office, or facility in which medical, dental, nursing, or podiatric services are offered. See Alabama Code 22-11A-60
  • HEALTH CARE WORKER: Physicians, dentists, nurses, respiratory therapists, phlebotomists, surgical technicians, physician assistants, podiatrist, dialysis technicians, emergency medical technicians, paramedics, ambulance drivers, dental hygienists, dental assistants, students in the healing arts, or any other individual who provides or assists in the provision of medical, dental, or nursing services. See Alabama Code 22-11A-60
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • hiv: Human Immunodeficiency Virus. See Alabama Code 22-11A-50
  • HIV INFECTION: Infection with human immunodeficiency virus as determined by antibody tests, culture or other means approved by the State Board of Health. See Alabama Code 22-11A-50
  • Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
  • improvident: With respect to any industrial revenue bonds the term means that there is a reasonable probability that the bonds will be deficient in one or more of the following respects:

    a. See Alabama Code 8-6-110

  • incendiary: A flammable or combustible liquid or compound with a flash point of 100 degrees Fahrenheit or less as determined by Tagliabue or equivalent closed-cup device including, but not limited to, gasoline, kerosene, fuel oil, or a derivative of these substances. See Alabama Code 13A-10-190
  • incorporators: The persons forming a public corporation pursuant to this article. See Alabama Code 15-18-171
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • INDUSTRIAL REVENUE BONDS: The bonds, warrants, notes, certificates of indebtedness, or other obligations issued by any issuer under the authority of the authorizing act to finance or refinance a project or to refund bonds, but does not include either of the following:

    a. See Alabama Code 8-6-110

  • INFECTED HEALTH CARE WORKER: A health care worker infected with HIV, HBV, HCV, or other disease designated by the State Board of Health by a rule adopted pursuant to the Alabama Administrative Procedure Act. See Alabama Code 22-11A-60
  • inmate: A person who has served at least 90 days in any jail or penal facility, either male or female, who has been convicted of a felony and sentenced to a term of confinement and treatment in a state correctional institution under the jurisdiction of the department. See Alabama Code 15-18-111
  • Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Alabama Code 7-2A-103
  • Intestate: Dying without leaving a will.
  • INTIMATE AREAS: Any portion of a person's body, whether or not covered by undergarments, that are traditionally covered by undergarments to protect that portion from public view, including genitals, pubic areas, buttocks, and female breasts. See Alabama Code 13A-11-40
  • INVESTMENT ADVISER: The same meaning as in subdivision (18) of Section 8-6-2. See Alabama Code 8-6-171
  • INVESTMENT ADVISER REPRESENTATIVE: The same meaning as in subdivision (19) of Section 8-6-2. See Alabama Code 8-6-171
  • issuer: A person who places, or authorizes the placing of, his name on a security other than as a transfer agent to evidence that it represents a share, participation, or other interest in his property or in an enterprise or to evidence his duty to perform an obligation evidenced by the security or who becomes responsible for or in place of any such person. See Alabama Code 8-6-91
  • issuer: Any county, city, town, municipality, or public corporation issuing industrial revenue bonds under the authorizing act. See Alabama Code 8-6-110
  • JUDICIAL VALIDATION: The procedure described in Section 8-6-119 by which industrial revenue bonds may be validated and culminating in a decree of the circuit court validating the bonds. See Alabama Code 8-6-110
  • lease: The lease, installment purchase, or other agreement by which the lessee obtains the right to use the project and agrees to make payments sufficient to pay the principal of and interest on the industrial revenue bonds issued to finance or refinance the project. See Alabama Code 8-6-110
  • Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Alabama Code 7-2A-103
  • Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this article. See Alabama Code 7-2A-103
  • Lease contract: means the total legal obligation that results from the lease agreement as affected by this article and any other applicable rules of law. See Alabama Code 7-2A-103
  • Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • lessee: The lessee, purchaser, or user of a project under the lease. See Alabama Code 8-6-110
  • Lessee: means a person who acquires the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Lessor: means a person who transfers the right to possession and use of goods under a lease. See Alabama Code 7-2A-103
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lineal descendant: Direct descendant of the same ancestors.
  • liquor: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, fermented, vinous, or otherwise alcoholic, and all drinks or drinkable liquids, preparations, or mixtures intended for beverage purposes, which contain one-half of one percent or more of alcohol by volume, except beer and table wine. See Alabama Code 28-3-1
  • Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Alabama Code 7-2A-103
  • manufacturing: The process of combining two or more components necessary to produce a destructive device, over-pressure device, explosive, detonator, or poison gas, with the exception of commercially manufactured reactive targets used for recreational shooting purposes, or manufactured under provisions set forth under a permit issued by the State Fire Marshal. See Alabama Code 13A-10-190
  • mayor: The mayor or other chief executive officer of a municipality. See Alabama Code 45-39A-11
  • Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Alabama Code 7-2A-103
  • MERIT EMPLOYEE: Any employee who has completed his or her six months of probationary employment. See Alabama Code 45-48-121
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • mother: The female who is pregnant with a live human fetus which may be subject to a partial-birth abortion under this chapter. See Alabama Code 26-23-2
  • municipality: Any incorporated city or town of this state to include its police jurisdiction. See Alabama Code 28-3-1
  • municipality: Any incorporated city or town in Lauderdale County. See Alabama Code 45-39-250
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • NONPROFIT ENTITY: Any not-for-profit organization, agency, or other entity other than a community punishment and corrections authority that provides treatment, guidance, training, or other rehabilitation services to individuals, families, or groups in such areas as health, education, vocational training, special education, social services, psychological counseling, and alcohol and drug treatment. See Alabama Code 15-18-171
  • notification: The instrument or the procedure, or both, by which an issuer is required by this article to notify the director prior to the proposed issuance of industrial revenue bonds. See Alabama Code 8-6-110
  • Oath: A promise to tell the truth.
  • oath: includes affirmation. See Alabama Code 1-1-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OVER-PRESSURE DEVICE: A frangible container filled with an explosive gas or expanding gas which is designed or constructed so as to cause the container to break or fracture in a manner which is capable of causing death, bodily harm, or property damage. See Alabama Code 13A-10-190
  • Oversight: Committee review of the activities of a Federal agency or program.
  • PARTIAL-BIRTH ABORTION: An abortion in which the person performing the abortion partially vaginally delivers a living fetus before killing the fetus and completing the delivery. See Alabama Code 26-23-2
  • PECUNIARY DAMAGES: All special damages which a person shall recover against the defendant in a civil action arising out of the facts or events constituting the defendant's criminal activities; the term shall include, but not be limited to the money or other equivalent of property taken, broken, destroyed, or otherwise used or harmed and losses such as travel, medical, dental or burial expenses and wages including but not limited to wages lost as a result of court appearances. See Alabama Code 15-18-66
  • Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
  • person: Such term includes a corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest or any other legal or commercial entity. See Alabama Code 8-6-91
  • person: Every natural person, association, or corporation. See Alabama Code 28-3-1
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: A human being, and where appropriate, a public or private corporation, an unincorporated corporation, a partnership, a government or a governmental instrumentality, or a private organization, association, coalition, federation, and its officers or spokespersons. See Alabama Code 13A-11-152
  • person: Includes a natural person, a corporation, a partnership, an association, or any other entity. See Alabama Code 45-39A-11
  • physician: A doctor of medicine or osteopathy legally authorized to practice medicine and surgery by the state or any other individual legally authorized by the state to perform abortions. See Alabama Code 26-23-2
  • plan: The community punishment and corrections plan defined in subdivision (7). See Alabama Code 15-18-171
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • POISON GAS: A toxic chemical or its precursors that through its chemical action or properties on life processes causes death or permanent injury to human beings. See Alabama Code 13A-10-190
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Alabama Code 7-2A-103
  • President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • program: Supervised Intensive Restitution (SIR) program. See Alabama Code 15-18-111
  • project: Any land, plant, building, facilities, equipment, or other property proposed to be acquired with the proceeds of any industrial revenue bonds to be used by a lessee under a lease. See Alabama Code 8-6-110
  • property: Real or personal property of any kind including money, choses in action, and other similar interests in property. See Alabama Code 13A-10-190
  • PUBLIC BUILDING: A structure which is generally open to members of the public with or without the payment of an admission fee or membership dues including, but not limited to, structures owned, operated, or leased by the state, the United States, any of the several states, or a foreign nation or any political subdivision or authority thereof; a religious organization; any medical facility; any college, school, or university; or any corporation, partnership, or association. See Alabama Code 13A-10-190
  • Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Alabama Code 7-2A-103
  • QUALIFIED INDIVIDUAL: Any agent, investment adviser representative, or person who serves in a supervisory, compliance, legal, or associated member capacity of a broker-dealer or investment adviser. See Alabama Code 8-6-171
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 1-1-1
  • REASONABLE QUALIFICATIONS: The standard of the reasonable criteria established and consistently used by the respective supplier for Alabama wholesalers that entered into, continued, or renewed an agreement with the supplier during a period of 24 months prior to the proposed transfer of the wholesaler's business, or for Alabama wholesalers who have changed managers or designated managers during a period of 24 months prior to the proposed change in manager or successor manager of the wholesaler's business. See Alabama Code 45-49-23.01
  • recipient: Any entity receiving directly or indirectly any financial grant or contractual remuneration under this article. See Alabama Code 15-18-171
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • renovation: The repair, remodeling, alteration, or expansion of existing buildings or structures to make them habitable or suitable for community punishment and corrections program operations, and includes the acquisition and installation of necessary equipment. See Alabama Code 15-18-171
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • restitution: Full, partial or nominal payment of pecuniary damages to the victim or to its equivalent in services performed or work or labor done for the benefit of the victim as determined by the court of record. See Alabama Code 15-18-66
  • restitution: An amount of money ordered by a court to be paid to a clerk or other person by a defendant for the use and benefit of a victim of the defendant's criminal offense. See Alabama Code 15-18-142
  • restitution: Payment to the victim who has suffered financial losses as a result of a crime. See Alabama Code 15-18-171
  • RETALIATORY ACTION: Includes, but is not limited to, the refusal to continue an agreement, or a material reduction in the quality of service or in the quantity of products available to a wholesaler under an agreement, which refusal or reduction is not made in good faith. See Alabama Code 45-49-23.01
  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • SALES TERRITORY: An area of exclusive sales responsibility for the brand or brands of wine sold by a supplier as designated by an agreement. See Alabama Code 45-49-23.01
  • security: Such term includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness or certificate of interest or participation in an oil, gas, or mining title or lease or in payment out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate, or, in general, any interest or instrument commonly known as a security or any certificate, interest or participation in any temporary or interim certificate, receipt or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. See Alabama Code 8-6-91
  • Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
  • SERVED UPON THE ISSUER: As applied to a stop order, notice of a reference to the commission, or of a hearing before the commission, the term means that it has been deposited in the United States mail in a sealed envelope with first class, certified postage prepaid, properly addressed to the issuer at the address shown in the notification, or delivered to the person who signed the notification on behalf of the issuer. See Alabama Code 8-6-110
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • STATE FIRE MARSHAL: The State Fire Marshal who is appointed by the Commissioner of Insurance pursuant to Section 27-2-10. See Alabama Code 13A-10-190
  • STATE INMATE: A person convicted of a felony. See Alabama Code 15-18-171
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • STOP ORDER: An order issued by the director or by the commission in accordance with this article prohibiting the issuer from issuing the industrial revenue bonds described in the notification or any bonds in lieu of those bonds. See Alabama Code 8-6-110
  • student: Any person attending barber school for the purpose of learning the theories and practice of the barber shop trade and who receives no compensation for so doing. See Alabama Code 45-49-40.01
  • Subpoena: A command to a witness to appear and give testimony.
  • subscription: include a mark when the person cannot write, if his name is written near the mark, and witnessed by a person who writes his own name as a witness, and include with respect to corporate securities facsimile signature placed upon any instrument or writing with intent to execute or authenticate such instrument or writing. See Alabama Code 1-1-1
  • SUBSTANTIAL STOCKHOLDER OR SUBSTANTIAL PARTNER: A stockholder of or partner in the wholesaler who owns an interest of 25 percent or more of the partnership or of the capital stock of a corporate wholesaler. See Alabama Code 45-49-23.01
  • supplier: A manufacturer or importer of wine licensed by the board. See Alabama Code 45-49-23.01
  • Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Alabama Code 7-2A-103
  • telecommunications: The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received. See Alabama Code 45-39-250
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • THIRD-PARTY: A person other than a bank, broker, transfer agent, or issuer who with respect to a security held by a minor effects a transaction otherwise than directly with the minor. See Alabama Code 8-6-91
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • TRANSFER AGENT: A person who acts as authenticating trustee, transfer agent, registrar, or other agent for an issuer in the registration of transfers of securities in the issue of new securities or in the cancellation of surrendered securities. See Alabama Code 8-6-91
  • undergarments: Articles of clothing worn under clothing that conceal intimate areas from view. See Alabama Code 13A-11-40
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
  • USER FEES: Fees assessed against an offender under a community punishment and corrections program to help defray the costs of such programs. See Alabama Code 15-18-171
  • Verdict: The decision of a petit jury or a judge.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • victim: Any person whom the court determines has suffered a direct or indirect pecuniary damage as a result of the defendant's criminal activities. See Alabama Code 15-18-66
  • victim: A person designated by a court in a restitution order to receive restitution. See Alabama Code 15-18-142
  • VICTIM SERVICE OFFICER: A person employed to directly assist crime victims and their families with court attendance, restitution, compensation, property return, victim impact statements, and other needs expressed. See Alabama Code 15-18-171
  • VULNERABLE ADULT: Any of the following:

    a. See Alabama Code 8-6-171

  • WEAPONS OF MASS DESTRUCTION: Include any of the following:

    a. See Alabama Code 13A-10-190

  • wholesaler: A wholesaler of wine licensed by the board. See Alabama Code 45-49-23.01
  • wine: All beverages made from the fermentation of fruits, berries, or grapes, with or without added spirits, and produced in accordance with the laws and regulations of the United States, containing not more than 24 percent alcohol by volume, and shall include all sparkling wines, carbonated wines, special natural wines, rectified wines, vermouths, vinous beverages, vinous liquors, and like products, including restored or unrestored pure condensed juice. See Alabama Code 28-3-1
  • YOUTHFUL OFFENDER: A person adjudicated as a youthful offender. See Alabama Code 15-18-171