§ 5-4-904. Eligibility
(a) The judicial district in which a person is charged with a felony shall have in place a pre-adjudication probation program as authorized by this subchapter before this subchapter may be utilized by the person charged with the felony, the circuit court with jurisdiction, or the state. (b) A person charged with a felony is […]
§ 5-4-701. Definitions
As used in this subchapter: (1) “Child” means a person under eighteen (18) years of age; (2) “Conductor” means a conductor, switchman, brakeman, trainman, or fireman licensed and certified by the Federal Railroad Administration; (3) “Engineer” means an engineer licensed and certified by the Federal Railroad Administration; (4) “Family member of a current or former […]
§ 5-4-905. Sanctions
(a) (1) A pre-adjudication probation program judge may impose sanctions on a pre-adjudication probation program participant who fails to complete certain court-ordered pre-adjudication program requirements or meet certain court-ordered pre-adjudication program goals. (2) Sanctions may include without limitation: (A) Time spent in the custody of the county sheriff; (B) Additional fines; (C) Community service; (D) […]
§ 5-4-702. Enhanced penalties for offenses committed in presence of a child
(a) A person who commits any of the following offenses may be subject to an enhanced sentence of an additional term of imprisonment of not less than one (1) year and not greater than ten (10) years if the offense is committed in the presence of a child: (1) Capital murder, § 5-10-101; (2) Murder […]
§ 5-4-703. Additional fine — Offense committed against a child or in the presence of a child
(a) In addition to any other sentence, the court shall assess an additional fine of one hundred dollars ($100) for the following offenses if the finder of fact determines that the offense was committed against a child or in the presence of a child: (1) A felony involving violence as defined in § 5-4-501(d)(2); (2) […]
§ 5-4-704. Sentence enhancement for offense targeting current or former law enforcement officer, first responder, or family member of current or former law enforcement officer or first responder
(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is: (1) Currently employed or was formerly employed as a law enforcement officer or first responder; or (2) A family member of a current or former […]
§ 5-4-705. Sentence enhancement for offense targeting railroad or public transit employee
(a) A person is subject to an enhanced sentence under this section if the person purposely selected the victim of an offense committed by the person because the victim is a railroad or public transit employee. (b) If a sentence enhancement is sought under this section, the information or indictment shall include: (1) That the […]
§ 5-4-706. Local cybercrime fee
(a) As used in this section, “applicable felony” means: (1) A felony involving violence as defined in § 5-4-501(d)(2); (2) A felony offense for which a person is required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; or (3) A felony offense under § 12-12-904. […]
§ 5-4-603. Findings required for death sentence — Harmless error review
(a) The jury shall impose a sentence of death if the jury unanimously returns written findings that: (1) An aggravating circumstance exists beyond a reasonable doubt; (2) Aggravating circumstances outweigh beyond a reasonable doubt all mitigating circumstances found to exist; and (3) Aggravating circumstances justify a sentence of death beyond a reasonable doubt. (b) The […]
§ 5-4-604. Aggravating circumstances
An aggravating circumstance is limited to the following: (1) The capital murder was committed by a person imprisoned as a result of a felony conviction; (2) The capital murder was committed by a person unlawfully at liberty after being sentenced to imprisonment as a result of a felony conviction; (3) The person previously committed another […]