Persons charged with the following criminal conduct shall not be eligible for participation in any preprosecution diversionary program instituted under this part.
- (1) Abduction and kidnapping.
- (2) Arson.
- (3) Blackmail.
- (4) Bribery by or of a public official.
- (5) Burglary in the first degree.
- (6) Illegal use of dynamite or other explosives in violation of Sections 13-2-60, 13-2-61, and 13-2-63, Code of Alabama of 1975.
- (7) Escape.
- (8) Homicide.
- (9) Mayhem.
- (10) Forcible sex crimes.
- (11) Robbery.
- (12) Sale of controlled substances.
- (13) Lewd and lascivious acts upon a child.
- (14) Violation of public officials duty and obligation.
- (15) Introduction of drugs into a penal or correctional institution.
- (16) Capital offense or an offense which would have been a capital offense before June 29, 1972.
(Acts 1978, No. 706, p. 1015, § 7.)