Alabama § 45-42-82.43 - Ineligibility for Program.
Full text of Alabama Code of Alabama § 45-42-82.43 — Ineligibility for Program., with citation guidance and answers to common questions.
§ 45-42-82.43. Ineligibility for Program.
Admittance into the pretrial diversion program is in the absolute discretion of the district attorney. However, an offender deemed by the district attorney to be a threat to the safety or well-being of the community shall not be eligible for the program. Further, an offender charged with the following offenses shall be ineligible for admittance:
(1) A Class A felony or capital offense.
(2) An offense which intentionally, knowingly, or recklessly resulted in death or serious physical injury to a person.
(3) An offense involving the use of a deadly weapon.
(4) Chemical endangerment of a child.
(5) An offense involving violence in which the victim was a child under 14 years of age, a law enforcement officer, a school officer, a correctional officer, active duty military personnel of the United States Armed Forces, or an elderly person over the age of 65.
(6) An offense involving violence in which the victim was an employee of any school system which lies within the geographic boundaries of the Thirty-ninth Judicial Circuit.
(7) Trafficking in controlled substances or marijuana.
(8) Driving under the influence of alcohol, driving under the influence of a controlled substance, driving under the combined influence of alcohol and a controlled substance, or driving under the influence of any substance which impairs the mental or physical faculties wherein the offender has been previously charged with or convicted of driving under the influence of alcohol, driving under the influence of a controlled substance, driving under the combined influence of alcohol and a controlled substance, or driving under the influence of any substance which impairs the mental or physical faculties, or where a chemical test was given to the offender and the results of the chemical test revealed a greater than .15 percentage by weight of alcohol in the blood.
(9) Bribery.
(10) Any offense wherein the offender is a public official and the charge is related to the offender’s capacity as a public official.
(11) Any offense wherein a holder of a commercial driver’s license, an operator of a commercial motor vehicle, or a commercial driver learner permit holder has been charged with a violation of a traffic law in this state pursuant to Section 32–6–49.23.
Frequently Asked Questions About Alabama § 45-42-82.43
What does Code of Alabama § 45-42-82.43 cover?
Section 45-42-82.43 ("Ineligibility for Program.") is part of the Code of Alabama, the codified statutory law of Alabama. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Alabama § 45-42-82.43?
A common citation format is "Code of Alabama § 45-42-82.43" (Alabama). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Alabama law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Alabama official source linked on this page or consult a licensed Alabama attorney.
How does Alabama § 45-42-82.43 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Alabama can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Alabama.