Article 1 Crime Victims’ Compensation 15-23-1 – 15-23-23
Article 2 Crime Counselor Confidentiality 15-23-40 – 15-23-46
Article 3 Crime Victims’ Rights 15-23-60 – 15-23-84
Article 4 Testing of Person Charged with Certain Sex Crimes on Request of Alleged Victim 15-23-100 – 15-23-104

Terms Used In Alabama Code > Title 15 > Chapter 23

  • accused: A person who has been arrested for committing a criminal offense and who is held for an initial appearance or other proceeding before trial. See Alabama Code 15-23-60
  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • 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 beer sold by a supplier. See Alabama Code 15-22-91
  • ALCOHOLIC BEVERAGES: Any alcoholic, spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and mixed liquor, a part of which is spirituous, vinous, fermented, 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, and shall include liquor, beer, and wine. See Alabama Code 28-3-1
  • 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. See Alabama Code 15-23-100
  • 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.
  • Amortization: Paying off a loan by regular installments.
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • APPELLATE PROCEEDING: An oral argument held in open court before the Alabama Court of Criminal Appeals, the Supreme Court of Alabama, a federal court of appeals, or the United States Supreme Court. See Alabama Code 15-23-60
  • appropriate municipal official: as used in this article shall mean any municipal building official or deputy and any other municipal official or municipal employee designated by the mayor or other chief executive officer of the municipality as the person to exercise the authority and perform the duties delegated by this article. See Alabama Code 45-37-170
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • arrest: The actual custodial restraint of a person or his or her submission to custody. See Alabama Code 15-23-60
  • Articles of incorporation: include amended and restated articles of incorporation and, in the case of a corporation existing on January 1, 1981, its certificate of incorporation, including any amended certificate, and also include, except where the context otherwise requires, articles of merger. See Alabama Code 45-28A-42.07
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • association: A partnership, limited partnership, or any form of unincorporated enterprise owned by two or more persons. See Alabama Code 28-3-1
  • association: Includes, but is not limited to, an unincorporated nonprofit association as defined in Chapter 17 and an unincorporated professional association as defined in Article 1 of Chapter 30. See Alabama Code 45-26-231.06
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • attack: Any action or series of actions taken by an enemy of the United States resulting in substantial damage or injury to persons or property in this state whether through sabotage, bombs, missiles, shellfire or atomic, radiological, chemical, bacteriological or biological means or other weapons or methods. See Alabama Code 15-23-46
  • 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.
  • Bailiff: a court officer who enforces the rules of behavior in courtrooms.
  • 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.
  • 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 Alcoholic Beverage Control Board. See Alabama Code 28-3-1
  • BOARD OF DIRECTORS: The group of persons vested with the management of the affairs of the corporation irrespective of the name by which the group is designated. See Alabama Code 45-3-60
  • bylaws: The code or codes of rules adopted for the regulation or management of the affairs of the corporation irrespective of the name or names by which the rules are designated. See Alabama Code 45-3-60
  • Case law: The law as laid down in cases that have been decided in the decisions of the courts.
  • claimant: Any of the following persons applying for compensation under this article:

    a. See Alabama Code 15-23-3

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • COLLATERAL SOURCE: Source of income, financial or other benefits or advantages for economic loss other than the compensation paid by the compensation commission which the claimant has received or is entitled to receive or is readily available to the claimant, from any one or more of the following:

    a. See Alabama Code 15-23-3

  • commission: The Alabama Crime Victims Compensation Commission as created by Section 15-23-4. See Alabama Code 15-23-3
  • 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 STATUS: Extension of the limits of the places of confinement of a prisoner through work release, supervised intensive restitution (SIR), and initial consideration of pre-discretionary leave, passes, and furloughs. See Alabama Code 15-23-60
  • Concurrent resolution: A legislative measure, designated "S. Con. Res." and numbered consecutively upon introduction, generally employed to address the sentiments of both chambers, to deal with issues or matters affecting both houses, such as a concurrent budget resolution, or to create a temporary joint committee. Concurrent resolutions are not submitted to the President/Governor and thus do not have the force of law.
  • CONFIDENTIAL COMMUNICATION: Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence. See Alabama Code 15-23-41
  • container: The single bottle, can, keg, bag, or other receptacle, not a carton, in which alcoholic beverages are originally packaged for the market by the manufacturer or importer and from which the alcoholic beverage is consumed by or dispensed to the public. See Alabama Code 28-3-1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • corporation: A corporation or joint stock association organized under the laws of this state, the United States, or any other state, territory or foreign country, or dependency. See Alabama Code 28-3-1
  • corporation: Includes a domestic or foreign business corporation as defined in Chapter 2, a domestic or foreign nonprofit corporation as defined in Chapter 3, a domestic or foreign professional corporation as defined in Chapter 4, and those entities specified in Chapter 20 as corporate. See Alabama Code 45-26-231.06
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • court: All state courts including juvenile courts. See Alabama Code 15-23-60
  • court: Every court and judge having jurisdiction in a case. See Alabama Code 45-26-231.06
  • CRIMINAL OFFENSE: Conduct that gives a law enforcement officer or prosecutor probable cause to believe that a felony involving physical injury, the threat of physical injury, or a sexual offense, or any offense involving spousal abuse or domestic violence has been committed. See Alabama Code 15-23-60
  • CRIMINAL PROCEEDING: A hearing, argument, or other matter scheduled by and held before a trial court but does not include a lineup, grand jury proceeding, or other matter not held in the presence of the court. See Alabama Code 15-23-60
  • CRIMINALLY INJURIOUS CONDUCT: Criminally injurious conduct includes any of the following acts:

    a. See Alabama Code 15-23-3

  • CUSTODIAL AGENCY: A municipal or county jail, the State Department of Corrections, juvenile detention facility, Department of Youth Services, the Board of Pardons and Paroles, or a secure mental health facility having custody of a person who is arrested or is in custody for a criminal offense. See Alabama Code 15-23-60
  • day: When used in the computation of time excludes the first day and includes the last day of the period so computed, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is not a Saturday, a Sunday, or a legal holiday. See Alabama Code 45-26-231.06
  • defendant: A person or entity that is formally charged by complaint, indictment, information, or petition, of committing a criminal offense. See Alabama Code 15-23-60
  • dependent: A natural person wholly or partially dependent upon the victim for care or support, and includes a child of the victim born after the death of the victim where the death occurred as a result of criminally injurious conduct. See Alabama Code 15-23-3
  • Dependent: A person dependent for support upon another.
  • Devise: To gift property by will.
  • director: An individual who serves on the board of directors, by whatever name known, of a foreign or domestic corporation. See Alabama Code 45-26-231.06
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Distribution: means a direct or indirect transfer of money or other property, except its own shares, or incurrence of indebtedness by a corporation to or for the benefit of any one or more of its shareholders in respect of any of its shares. See Alabama Code 45-28A-42.07
  • Docket: A log containing brief entries of court proceedings.
  • domestic: With respect to an entity, that the entity is formed and exists under this title. See Alabama Code 45-26-231.06
  • domestic corporation: means a business corporation, which is not a foreign corporation, incorporated under or subject to the provisions of this chapter. See Alabama Code 45-28A-42.07
  • Donee: The recipient of a gift.
  • ECONOMIC LOSS: Monetary detriment consisting only of allowable expense, work loss, replacement services loss and, if injury causes death, economic loss and replacement services loss of a dependent, but shall not include noneconomic loss or noneconomic detriment. See Alabama Code 15-23-3
  • electronic: Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Alabama Code 45-26-231.06
  • Employee: includes an officer but not a director. See Alabama Code 45-28A-42.07
  • Entity: includes corporation and foreign corporation; nonprofit corporation; for profit and nonprofit association; business trust; estate; partnership; limited liability company; trust; and two or more persons having a joint or common economic interest; and state, United States, and foreign government. See Alabama Code 45-28A-42.07
  • Ex officio: Literally, by virtue of one's office.
  • Fiduciary: A trustee, executor, or administrator.
  • FINAL DISPOSITION: The ultimate termination of the criminal prosecution of a defendant by a trial court, including dismissal, acquittal, or imposition of a sentence. See Alabama Code 15-23-60
  • 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.
  • foreign: With respect to an entity, that the entity is formed and existing under the laws of a jurisdiction other than this state. See Alabama Code 45-26-231.06
  • Foreign corporation: means a business corporation incorporated under a law other than the law of this state. See Alabama Code 45-28A-42.07
  • foreign corporation: as used in this division , shall mean:

    (1) Any bank or other corporation now or hereafter organized or existing under the laws of any state of the United States other than the State of Alabama; and

    (2) Any national banking association or other corporation organized under the laws of the United States having its principal place of business in any state of the United States other than Alabama. See Alabama Code 45-31-80

  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • 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 15-22-91
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • HEARING COMMISSION: A body appointed by the board to hear and decide all contested license applications and all disciplinary charges against any licensee for violation of this title or the regulations of the board. See Alabama Code 28-3-1
  • IMMEDIATE FAMILY: The spouse, parent, child, sibling, or grandparent of the victim, unless that person is in custody for an offense or is the accused. See Alabama Code 15-23-60
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Inter vivos: Transfer of property from one living person to another living person.
  • law: Unless the context requires otherwise, both statutory and common law. See Alabama Code 45-26-231.06
  • LAWFUL REPRESENTATIVE: A person who is designated by the victim, who is a member of the immediate family, or appointed by the court and who will act in the best interests of the victim. See Alabama Code 15-23-60
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • license tax: as used in this title , shall be deemed to include any tax prescribed by a license tax schedule, but shall not exclude any license tax otherwise prescribed. See Alabama Code 40-12-344
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Majority leader: see Floor Leaders
  • manufacturer: Any person, association, or corporation engaged in the producing, bottling, manufacturing, distilling, rectifying, or compounding of alcoholic beverages, liquor, beer, or wine in this state or for sale or distribution in this state or to the board or to a licensee of the board. See Alabama Code 28-3-1
  • member: One having membership rights in a corporation in accordance with the provisions of its governing documents. See Alabama Code 45-3-60
  • minor: Any person under 21 years of age; provided, however, in the event Section 28-1-5, shall be repealed or otherwise shall be no longer in effect, thereafter the provisions of Section 26-1-1, shall govern. See Alabama Code 28-3-1
  • Minority leader: See Floor Leaders
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • NONPROFIT CORPORATION: A nonprofit corporation no part of the income or profit of which is distributable to its members, directors, or officers. See Alabama Code 45-3-60
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • 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.
  • OFFICE OF PROSECUTION SERVICES: The Office of Prosecution Services as established by Section 12-17-230. See Alabama Code 15-23-3
  • officer: An individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Alabama Code 45-26-231.06
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • PARENT OR GUARDIAN OF THE ALLEGED VICTIM: A parent or legal guardian of an alleged victim who is a minor or incapacitated person. See Alabama Code 15-23-100
  • person: An individual, including the estate of an incompetent or deceased individual, or an organization, whether created by the laws of this state or another state or foreign country, including, without limitation, a general partnership, limited liability partnership, limited partnership, limited liability limited partnership, limited liability company, corporation, professional corporation, professional association, trustee, personal representative, fiduciary, as defined in Section 19-3-150 or person performing in any similar capacity, business trust, estate, trust, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Alabama Code 45-26-231.06
  • person: Every natural person, association, or corporation. See Alabama Code 28-3-1
  • 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.
  • Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
  • 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.
  • POSITIVE REACTION: A positive test with a positive confirmatory test result as specified by the Department of Public Health. See Alabama Code 15-23-100
  • POST-ARREST RELEASE: The discharge of the accused from confinement on recognizance, bond, or other condition. See Alabama Code 15-23-60
  • 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
  • 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.
  • Principal office: means the office, in or out of this state, so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Alabama Code 45-28A-42.07
  • prisoner: A person who has been convicted or adjudicated of a criminal offense against a victim and who has been sentenced to the custody of the sheriff, the Alabama Department of Corrections, Department of Youth Services, juvenile detention facility, a municipal jail, or a secure mental health facility. See Alabama Code 15-23-60
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • REPLACEMENT SERVICES LOSS: Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the victim would have performed, not for income, but for the benefit of self or family, if the victim had not been injured or died. See Alabama Code 15-23-3
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • right: Any right granted to the victim by the laws of this state. See Alabama Code 15-23-60
  • Secretary: means the corporate officer to whom the board of directors has delegated responsibility under Section 10A-2-8. See Alabama Code 45-28A-42.07
  • SECRETARY OF STATE: The Secretary of State of the State of Alabama. See Alabama Code 45-26-231.06
  • 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.
  • SEXUALLY TRANSMITTED DISEASE: Those diseases designated by the State Board of Health as sexually transmitted diseases for the purposes of this article. See Alabama Code 15-23-100
  • Shareholder: means the person in whose name shares are registered in the records of a corporation or the beneficial owner of shares to the extent of the rights granted by a nominee certificate on file with a corporation. See Alabama Code 45-28A-42.07
  • Shares: means the units into which the proprietary interests in a corporation are divided. See Alabama Code 45-28A-42.07
  • state: Includes, when referring to a part of the United States, a state or commonwealth, and its agencies and governmental subdivisions, and a territory or possession, and its agencies and governmental subdivisions, of the United States. See Alabama Code 45-26-231.06
  • 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.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • supplier: A manufacturer or importer of beer licensed by the board. See Alabama Code 15-22-91
  • Testify: Answer questions in court.
  • 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.
  • TRANSMISSION OF BODY FLUIDS: The transfer of blood, semen, vaginal secretions, or other body fluids identified by the Department of Public Health, from the alleged perpetrator of a crime to the mucous membranes or potentially broken skin of the victim. See Alabama Code 15-23-100
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • unavailable: Absent from the place of session (other than on official business of the Legislature) or unable, for physical, mental or legal reasons, to exercise the powers and discharge the duties of a legislator, whether or not such absence or inability would give rise to a vacancy under existing constitutional or statutory provisions. See Alabama Code 15-23-46
  • 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
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • victim: A person who suffered serious personal injury or death as a result of criminally injurious conduct. See Alabama Code 15-23-3
  • victim: A person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence. See Alabama Code 15-23-41
  • victim: A person against whom the criminal offense has been committed, or if the person is killed or incapacitated, the spouse, sibling, parent, child, or guardian of the person, except if the person is in custody for an offense or is the accused. See Alabama Code 15-23-60
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • VICTIM COUNSELOR: Any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims who is not affiliated with a law enforcement agency or a prosecutor's office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence. See Alabama Code 15-23-41
  • Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
  • wholesaler: Any person licensed by the board to engage in the sale and distribution of table wine and beer, or either of them, within this state, at wholesale only, to be sold by export or to retail licensees or other wholesale licensees or others within this state lawfully authorized to sell table wine and beer, or either of them, for the purpose of resale only. See Alabama Code 28-3-1
  • wholesaler: A wholesaler of beer licensed by the board. See Alabama Code 15-22-91
  • WORK LOSS: Loss of income from work the victim or claimant would have performed if the victim had not been injured or died, reduced by any income from substitute work actually performed by the victim or claimant or by income the victim or claimant would have earned in available appropriate substitute work which he or she was capable of performing but unreasonably failed to undertake. See Alabama Code 15-23-3
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.