I, Quân Công Phạm, will also sponsor this bill. We can't have rats running through our courthouses or the roofs collapsing.
Maybe add in an office for animal and pest control.
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by Eol Sha » Mon Aug 22, 2016 10:20 am
by Argentarino » Wed Aug 24, 2016 6:58 am
Nariterrr wrote:Argentarino, just wondering do you have a whip ready?
by Eol Sha » Wed Aug 24, 2016 10:34 am
by Lykens » Wed Aug 24, 2016 11:13 am
by Argentarino » Fri Aug 26, 2016 7:36 am
by Argentarino » Fri Aug 26, 2016 8:52 am
by Maklohi Vai » Fri Aug 26, 2016 12:01 pm
by Eol Sha » Fri Aug 26, 2016 8:09 pm
by Maklohi Vai » Sat Aug 27, 2016 6:32 am
by Nariterrr » Sat Aug 27, 2016 6:58 am
Skyviolia wrote:Michel stood "I will be voting against this bill. For one, it is way to broad, undefined, and can be grossly misinterpreted. I also see §2 as unconstitutional, as the Hon. [Normandy and Picardy] pointed out."
by Maklohi Vai » Sat Aug 27, 2016 7:55 am
Nariterrr wrote:Maklohi Vai wrote:Why didn't you raise those concerns in the Chamber? Also, for calling an act vague, these seem to be pretty unspecific concerns.
Your right, I didn't, but other people did -Skyviolia wrote:Michel stood "I will be voting against this bill. For one, it is way to broad, undefined, and can be grossly misinterpreted. I also see §2 as unconstitutional, as the Hon. [Normandy and Picardy] pointed out."
The act doesn't clearly establish how the governance of the Capital Police works, it only establishes a Commissioner of Capital Police but does nothing to specifically his duty, authority, salary. The bill doesn't define how warrants should be sought and who needs to approve them. 'Special Warrant' is undefined.
by Nariterrr » Sat Aug 27, 2016 8:20 am
Maklohi Vai wrote:Nariterrr wrote:Your right, I didn't, but other people did -
The act doesn't clearly establish how the governance of the Capital Police works, it only establishes a Commissioner of Capital Police but does nothing to specifically his duty, authority, salary. The bill doesn't define how warrants should be sought and who needs to approve them. 'Special Warrant' is undefined.
Thank you for specifying. This is the sort of feedback which I could have incorporated into the bill had you, or anyone else, commented in the Chamber to this effect, but nobody did.
by Maklohi Vai » Sat Aug 27, 2016 8:25 am
Nariterrr wrote:Maklohi Vai wrote:Thank you for specifying. This is the sort of feedback which I could have incorporated into the bill had you, or anyone else, commented in the Chamber to this effect, but nobody did.
Yeah, I think it was rude of me to not specify why I was against the bill in the Chamber, sorry about that.
by Nariterrr » Sat Aug 27, 2016 8:28 am
Maklohi Vai wrote:Nariterrr wrote:Yeah, I think it was rude of me to not specify why I was against the bill in the Chamber, sorry about that.
Something to learn from for the future, then. Thanks for laying out your concerns here, though. There will be more policing bills forthcoming, and together they should hopefully establish a more comprehensive system.
by FreYhill » Sun Aug 28, 2016 6:28 am
Elizian Immunization Act
Author: Chi Guozhi (Shadow Public Services | Liberal Democrats)
Sponsors: Linanto Aiguo (Shadow XXX | Liberal Democrats)
An Act to Decrease Infection and Disease within the Federation of Elizia through Vaccination.
BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:Definitions:
- Elizian Vaccination Bureau - Government Agency to oversee vacination within the Federation of Elizia.
- Child Care Services - Government Issued Financial Services to assist Child Care.
§1 - Establishment of Elizian Vaccination Bureau
A) The Elizian Immunization Act Mandates that the Elizian Public Services Office establishes the Elizian Vaccination Bureau (EVB) to oversight vaccination within the Federation of Elizia.
- The Elizian Vaccination Bureau shall report to the Elizian Public Services Office per Annual Year in regards to Progress and Recommendations to achieve a Full Vaccination within the Federation.
- The Elizian Vaccination Bureau shall be funded through the Elizian Public Services Office’s percentage stake of the Federal Budget.
§2 - Mandated Vaccinations
A) The Elizian Immunization Act Mandates that the Elizian Vaccination Bureau (EVB) administers the following vaccinations to consenting citizens to prevent infection within the Federation;
- Hepatitis B
- HepB-DTPa_Hib_IPV
- Pneumococcal vaccine
- Rotavirus
- MMR
- Hib-MenC
- MMRV
- DTPa-IPV
- Chickenpox (Varicella)
- HPV vaccine
- DTPa
- Influenza (flu)
- Shingles
§3 - Social Services Mandate
A) The Elizian Immunization Act Mandates that Child Care Services provided through Government Departments shall be stripped from Eligible Elizians who refuse to vaccinate their children.
- The Elizian Vaccination Bureau (EVB) through Constitutional Law, however, is forbidden to force parents to vaccinate their children.
§4 - Immunization Subsidisation
A) The Elizian Immunization Act Mandates Vaccinations to be Free until Elizians reach Adulthood (18).
- The Elizian Immunization Act Mandates that the Elizian Public Services Office determines if Adult Immunization is Subsided within the Federation.
by Maklohi Vai » Sun Aug 28, 2016 9:03 am
by Nariterrr » Sun Aug 28, 2016 3:18 pm
Warrants and Supbenoas Act
Author: The Hon. Ahmed Corbor (Shadow Home Secretary, Senator)
Sponsors:
An Act of the Federal Parliament to establish the respective regulations for the issuing of warrents and supbenoas.
BE IT THEREFORE ENACTED by the Head of the State, by and with the counsel of the Government, and the authority of the Federal Parliament by virtue of the powers placed upon it by the Law, as follows:§1 – Amendment to the Emergency Policing Act :Section two (§2) of the Emergency Policing Act shall be struck down and erased from the recond therein.
§2 – Issuing an arrest warrant, mittimus, and bench warrant:(1) DEFINITION: An arrest warrant shall be considered a warrant compelling the arrest and detainment of a person or persons for the violation of a criminal statute.
(2) To make a lawful arrest, a law enforcement officer must have eitheri. Probable cause (as defined in further clauses) to arrest.
(3) An arrest warrant shall be valid if -
ii. a valid arrest warrant issued under a valid authority therein.i. A reasonable assertion of probable cause is present
(4) Probable cause shall be found on -
ii. A warrant is issued by an impartial and neutral magistrate
iii. it is issued on the basis of an affidavit that does not contain known falsehoods or mistakes.
iv. it particularly describes the person to be arrested, the reason for the arrest, and a statement of why probable cause can be found.i. either direct observations by the police officer, or
(5) The individual issuing the arrest warrant must be both capable of determining whether probable cause is present and reasonable and must demonstrate impartiality by signing a statement of impartiality under oath.
ii. on hearsay information provided by others to the police.
(6) An arrest warrant will be nullified if it can be proven that the affidavit, whether in part or in whole submitted by the police are false or that that the police either knowingly or otherwise made them with reckless disregard for the truth.
(7) If a falsification is found on an affidavit, it will not be stuck down unless it can be proven that excluding the false statements, the remaining portion of the affidavit would not have by itself established probable cause to arrest the defendant.
(8) The arrest warrant must, to be valid, describe the person bein arrested, describe the crime that they are being accused of, and submit all evidence required to issue such warrants.
(9) An arrest warrant shall not be required in the event that a police officer can prove that he saw the commission of a crime and that it is reasonable to assume that the person who executed said commission has a serious chance of fleeing or doing harm to others in the time that it takes to issue a warrant.
(10) A police officer with credible jurisdiction shall be responsible for issuing an arrest warrant. Upon arrest, an officer shall present the warrant before the defendant and say ". Mr/Mrs. [LAST NAME], You are under arrest for [CRIME], you do not have to speak with us, however, your actions, deeds, and words may be used against you at your trial. You are entitled to an attorney of your choosing, if you are unable to attain an attorney, one will be provided for you.
(11) Mittimus is a writ issued by a court judge or magistrate to convey the accused person(s) named in a writ to a penitentiary or jail and to direct a penitentiary jailer to receive and imprison the accused person named in the writ. A mittimus writ shall be issued at the discretion of a judge or magistrate and must be accompanied by an arrest warrant.
(12) A bench warrant is issued by a judge and orders the immediate arrest of the named in the bench warrant.
(13) A bench warrant may be issued in the event -i. A person is found in contempt of court
(14) If a person on bail is arrested under a bench warrant, a new hearing on bail will be held to discuss a new bail amount, new conditions of bail, and a new court appearance date. A judge may also find the accused a flight risk and may order that he be remanded to a detention fallacility without bail.
ii. A person fails to appear at the appointed time for a mandated civil or criminal or otherwise court appearance or testimony.
iii. If a person fails to comply with the rules presented to him on his bail agreement
§3 – Possessory warrant :(1) DEFINITION: A possessory warrant is a writ issued by a judge or magistrate or respective individual to return properties to their lawful owner.
(2) A possessory warrant may be issued in the event that it can reasonably be proven that -i. A person's property or positions were taken by fraud or in a fraudulent manner.
(3) A possessory warrant may be nullified if it can be proven that the property being seized is the rightful and lawful property of the person being complained against. In this case, a counter possessory warrant issued by a judge of higher authority than the one issuing the warrant in the first place shall be issued under sub-clause (iv) of clause (2) .
ii. A person's property was taken under the threat of violence or seduction.
iii. A person's property has disappeared and is believed to be in the position of the party being complained against.
iv. A previous possessory warrant was issued fraudulently.
§4 – Search warrant :(1) DEFINITION: A search warrant is a court order issued by a judge or magistrate or respective individual to authorize the search and seizure of private properties in the position of an individual.
(2) No person, unless specific exceptions apply, may be searched or have his property searched and seized without a search warrant.
(3) In order to obtain a search warrant, a law enforcement officer must prove to a magistrate or judge evidence that points to probable cause based on either direct information or hearsay.i. Hearsay information can even be obtained by testimony (oral or otherwise) given and received by tip or testimony or from an anonymous informant, so long as probable cause exists.
(4) Police can seize and search either/or property and/or persons under a search warrant as long as the standard for a search warrant is lower than the quantum of proof required for a conviction.
(5) The following shall require a search warrant -i. Wiretapping
(6) The following shall not require a search warrant -
ii. Remotely accessing electronic devices
iii. Information regarding trade secrets or privileged financial information,
iv. Privileged personnel, medical, or similar documents,
v. Relating to the examination, operating, or reports on confidential or privileged financial institutions.
vi. Other information deemed by a court to be private, privileged, or confidential and thus requiring of a search warrant.i. Terry stops
(7) Where the judge or magistrate feels it necessary, he may impose a gag order on the searches or seizures of property in the event that no arrest can be made.
ii. A customs officer of the Federation of Elizia searching vehicles, persons, baggage(s), cargo or other properties going through the border of Elizia
iii. A search prompted over evidence in plain view and where it is obvious the material is contraband
iv. A search for a vehicle prompted by a lawful traffic stop in the search for alcoholic, and other influences materials where it can be reasonably suspected that the person is driving under the influence.
v. Searches in emergencies where it is evident that the public is in a reasonable amount of danger.
vi. Other information deemed by a court to be private, privileged, or confidential and thus requiring of a search warrant.
(8) No-knock warrants, or warrants not requiring the notification of those being searched a that they are being searched may be issued at the discretion of the judge or magistrate where they feel extraordinary events require them.
(9) Items claimed by police without search warrants provided such items are not parts of the exceptions in clause (6) shall be inadmissible for evidence.
§5 – Subpoena ad testificandum:(1) DEFINITION: Subpoena ad testificandum is an order compelling an individual to testify before a court or committee or other ordering authority.
(2) A subpoena ad testificandum requires the named individual to appear and attend before a court or magistrate at the time and place to testify as a witness on the matter of proceedings.
(3) The clerk of the court, under the countersignature of the presiding judge will issue the subpoena ad testificandum for a trail held in the same court.
(4) A defendant's lawyer or a prosecutor may issue a subpoena ad testificandum provided that the testimony off said person would affect the ruling of the court, provided that the presiding judge upholds the subpoena.
(5) The subpoena ad testificandum in order to be valid must state the name of the court and the city, county and province of which it presides, it must command each person to whom it is served to attend and give testimony and the time and place of such proceedings shall be specified.
(6) A person who is not a resident of the province cannot be forcibly subject to subpoena ad testificandum in civil, but not criminal cases.
(7) The defendant cannot be forcibly subject to subpoena ad testificandum.
(8) Confessions to a priest or religious figure cannot be subject to subpoena ad testificandum.
(9) A spouse cannot be issued subpoena ad testificandum if it means testifying against their spouse.
§6 – Subpoena duces tecum:(1) DEFINITION: Subpoena duces tecum is a court summons compelling the served to appear before the court and produce evidence for use in a criminal or civil investigation or trial.
(2) A notice to a person subject to subpoena ad testificandum may have an accompanying subpoena duces tecum for the production of documents and other evidence during the taking of a trial.
(3) Acceptable reasons for the failure to produce documents as requested by subpoena duces tecum are -i. loss or destruction of evidence or,
(4) The party who fails to present documents must prove that the absence of evidence is not the fault or negligence of the party or the attorney responsible for representing the party. Failure to do so will constitute negligence and contempt of court.
ii. an agreement to use copies, rather than the original tangible evidence, or
iii. evidence could not be produced at the time of trial
(5) Both the defense and the prosecution must have access to government or defense witnesses who will testify against or in support of the defendant in a criminal trial. Buth parties must have access to any documents pertaining to said testimony.
(6) A writ of mandamus, a writ to compel confiscation of documents in the possession of attorneys, whether defending or prosecuting or, other persons that have been illegally obtained under abuse, may be issued if it is reasonable to assert that an attorney is negligent in presenting evidence before the court that would harm the interest of the attorney and the client.
(7) The following is immune from a subpoena duces tecum -i. Communications between an attorney and a client
(8) Assets from outside corporations, bank accounts, or stock portfolios can be subject to subpoena duces tecum.
ii. Medical records if the plaintiff does not allege physical, mental, etc. injuries or health damages.
iii. Hospital records subject to statutory immunity.
iv. confessions made to a priest, minister, or religious adviser.
v. Peer review scientific or medical records
by Wolfmanne2 » Sun Aug 28, 2016 6:22 pm
Mad hatters in jeans wrote:Yeah precipitating on everyone doesn't go down well usually. You seem patient enough to chat to us, i'm willing to count that as nice.
by Arkolon » Mon Aug 29, 2016 1:19 pm
by Ikania » Mon Aug 29, 2016 1:36 pm
Wolfmanne2 wrote:I've formally left the SLP, all the best.
by Eol Sha » Mon Aug 29, 2016 2:31 pm
Freyhill wrote:Sponsors? Suggestions? Minor Edits?
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