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by Van Hool Islands » Fri Jul 26, 2019 2:42 pm
Alozia wrote:Short message to some pro-choice MPs.[Spoiler Warning]Barack Obama wrote:Throwing tantrums in the parliament will not help our cause, just hurt it. Stop acting like children and fall in line, behind Philip.
by Kowani » Fri Jul 26, 2019 2:44 pm
by Martune » Fri Jul 26, 2019 2:47 pm
by Rebels and Saints » Fri Jul 26, 2019 6:49 pm
Inhorto wrote:This is the Committees Establishment Act. I know that we have previously had trouble with working with committees; therefore, I have decided to write these committees more or less as bill drafting groups if you will rather than actual legislative committees. This bill doesn't change how bills are passed; a bill does not have to go through a committee in order to move on to the floor, and you can still propose a bill on any subject without being on a committee. I have held out on giving the committees investigatory powers, as we do not have a government accountability or investigatory structure. I don't know if this will succeed, but I feel as though it is worth a try.Committees Establishment Act
Author: Eloise Eliasson (NPP)
Sponsors:
A bil to establish the committees of Parliament of Saint Hilda, as well as to define their composition, roles, and authority, and to define the role of the committee chairman, among other matters
BE IT THEREFORE ENACTED, as follows:
- The following committees shall be established by the Parliament of Saint Hilda:
- The Foreign Affairs Committee shall be responsible for matters of foreign relations and diplomacy;
- The Finance and Economy Committee shall be responsible for matters of the treasury, banking, taxation, business law, budgeting, economic stimulation, and fiscal and monetary policy;
- The Defense Committee shall be responsible for matters relating the Saint Hilda Armed Forces, as well as the defense of the nation;
- The Justice Committee shall be responsible for matters relating to the courts, barristery, and criminal law;
- The Home Affairs Committee shall be responsible for matters of internal security, policing, the environment, administrative law, and immigration;
- The Public Services Committee shall be responsible for matters of healthcare, education, and other such public provisions.
- There shall be four members of Parliament staffing each committee: one selected by the Prime Minister, two selected by the Leader of the Opposition, and the Government minister with duties analogous to a committee shall sit and chair that committee.
- No person shall sit more than two committees, and no Government minister shall sit any committee other than the committee that pertains to their purview.
- The Prime Minister, Deputy Prime Minister, and Speaker of Parliament shall not sit any committee.
- The committees shall be responsible for drafting and proposing bills, as well as counseling and reporting to the Parliament on issues that pertain to the committees' purview:
- Any member of the commission may propose a bill;
- A bill may be amended with the vote of at least three of the members;
- A bill shall be considered a committee bill if at least three members vote to bring the bill before Parliament. Such bills shall be labeled as committee bills and shall require no sponsors.
- The committee chairman shall organize a meeting of their committee at least once a week (OOC: on Discord) to discuss business and draft proposals. The committee chairman shall set the agenda for each session:
- Rulings and decisions of the committee chairman may be overruled with the vote of all three other members;
- The committee chairman shall address Parliament on all official matters of the committee unless Parliament decides otherwise.
- Each committee shall submit at least one bill each parliamentary session, and it shall publish its findings in a report to the chamber and the government after every session.
- All records of the committee shall be audited and made available at the request of a majority vote of Parliament.
- The Committees Establishment Act shall not be interpreted to prohibit members from writing laws about such subjects that do not concern their committee or to prohibit members who are not part of committees from authoring laws, or to require that all laws pertaining to a certain purview be approved by a committee.
by Roosevetania » Fri Jul 26, 2019 9:31 pm
Standing Orders of Parliament
Authors: Alexander Norberg (NPP), Anna Nilsson (PLP)
Sponsors:
A bill to establish the rules of procedure of the Parliament of Saint Hilda per the Constitution of Saint Hilda
BE IT THEREFORE ENACTED, as follows:
§1 - The Speaker and Speaker's Conference
- The Speaker shall preside over Parliament and shall have the authority to enforce the Standing Orders.
- The Speaker may appoint Deputy Speakers and a Sergeant-At-Arms.
- At the beginning of a Parliamentary term, nominations for Speaker shall be held for twenty-four hours. Nominees must be Members of Parliament and may nominate themselves. A nomination must acquire two seconds to be recognized.
- After nominations conclude, a vote shall be held. Should only one candidate meet the requirements, an aye/nay confidence vote shall be held. Should two candidates meet the requirements, an adversarial vote using first-past-the-post shall be held. Should more than two candidates meet the requirements, a vote using ranked choice voting shall be held.
- During nominations and voting for Speaker, one of the most senior Members [OOC: one of the admins] shall preside as Acting Speaker. The winner of the vote shall be Speaker for the remainder of the Parliamentary term.
- The Speaker must be politically independent and unbiased.
- There shall be a Speaker's Conference composed of party leaders. The Speaker shall consult with the Speaker's Conference on matters of Parliamentary proceedings.
§2 - Regulations on Behavior
- Members shall address their remarks to the Speaker.
- Members shall address all other Members, including the Speaker, appropriately and with proper titles.
- Members shall not:
- use second person pronouns.
- speak out of turn or interrupt other Members.
- needlessly obstruct the business of Parliament or interrupt voting periods unless conveying urgent information to the Speaker.
- use language or conduct unbecoming of an elected official.
- utter remarks that are, to the best of their knowledge, false.
- impugn the intelligence or dignity of other Members.
- advocate or perpetrate violent, illegal, or otherwise inappropriate activities.
- Should a Member violate these rules, the following disciplinary actions may be undertaken at the discretion of the Speaker:
- Informal warning: a warning given by the Speaker during the course of debate, with no further action.
- Formal warning: a warning given by the Speaker by interrupting debate and reading out the section of the rules violated.
- Removal from the Chamber: the Speaker temporarily removes a Member from the Chamber for a designated amount of time.
- Censure: another member may motion to officially condemn another member through censure. Should the motion receive five seconds, the Parliament shall vote on the censure.
- Expulsion: after persistent violation of the rules, the Speaker or a Member may move to expel a Member. When not proposed by the Speaker, the motion requires five seconds. Should the requirements be met, the Parliament shall vote on the motion. The Member shall be expelled if two-thirds of votes are in favor.
§3 - Points and Motions
- Those items designated “motions” need five Members to second the motion followed by a vote; those items designated “points” do not need either. The list is arranged from highest to lowest precedence; questions of higher precedence shall be resolved before those of lower precedence.
- Votes on motions may take place concurrently to any other business. Motions shall be considered adopted if a majority of votes are in favour.
- Motion to adjourn: That Parliament adjourn until a specified time.
- Point of personal privilege: To draw the attention of the Speaker to a lack of comfort, safety, audibility of the person speaking, etc.
- Motion to extend debate: That debate on the question at hand be extended for a specified additional duration.
- Motion to immediately vote: That the debate be closed and voting on the question at hand be immediately begun.
- Motion to close the debate: That the debate be closed and the next scheduled debate be immediately begun.
- Motion of no-confidence in Speaker: That Parliament has lost confidence in the Speaker to sevre.
- Motion to appeal the Speaker’s decision: That the Speaker's decision be put to a vote. Requires seven seconds.
- Motion of censure: That a Member be officially condemned by the Parliament.
- Point of order: To draw the Speaker’s attention to a specific violation of these rules.
- Point of inquiry: To clarify a point regarding these rules.
- Point of information: To clarify a point regarding the business at hand, or the order of business, or the queue of bills.
- Motion to re-order the queue: That the queue of bills be re-ordered in a specific order.
§4 - Voting
- No vote shall last for an amount of time less than twenty-four hours.
- Any clear indication of assent or dissent shall be counted as a valid vote.
- During votes, members shall be silent, other than when they are casting their vote or conveying urgent information to the Speaker.
- A majority of votes must be cast in favor for a bill or resolution to pass.
§5 - Bill Process and Parliamentary Schedule
- There shall be a queue for proposed bills.
- Proposed bills and resolutions must gain three sponsors other than the author before they enter the bill queue.
- The Prime Minister may designate bills in the queue as Government bills. The Leader of the Opposition, who shall be the leader of the largest political bloc not in Government, may designate bills as Opposition bills.
- The Speaker, in consultation with the Speaker's Conference, shall introduce two to three bills per week. Each bill shall be debated for at least twenty-four hours, followed by a voting period of at least twenty-four hours.
- As is possible, one Government bill, one Opposition bill, and one private bill shall be introduced per week. Should this be impossible, Government bills shall take priority over Opposition bills, which shall take priority over private bills.
- As is possible by following the guidelines above, bills shall be introduced in the order they entered the queue, barring extenuating circumstances as determined by the Speaker and the Speaker's Conference.
- Amendments to a bill may be proposed and shall be considered if they receive five seconds other than the author. Should they be considered, they shall be put to a vote after debate concludes.
- Should amendments conflict, an adversarial vote may be held.
- Should an amendment pass, the bill shall be appropriately altered and there shall be twenty-four hours of debate on the altered version before the vote.
- Should no amendments pass, a vote on the original bill shall be held.
- Every week, as far as possible, there shall be some time, not less than twenty-four hours, allotted as Question Time. During this time, Members may ask questions to the Prime Minister and other Ministers. Ministers shall be compelled to reply to all such questions, unless doing so would create a grave danger to national security. Sufficient time shall be given to members of the Opposition to ask questions.
- Should time allow, other debates on various issues may be held by the Speaker in consultation with the Speaker’s Conference.
- It is acceptable for the weekly schedule to occasionally take more than a week due to time spent on amendments.
by Pere Housh Alpha » Fri Jul 26, 2019 9:42 pm
The Archipelago Territory wrote:I already made the announcement in the government discord server. R&S and I are BOYCOTTING GOVERNMENT VOTES in our new party. Anyone can join us, Deputy Leader position is available.
by Alozia » Sat Jul 27, 2019 2:19 am
(Ironic; me when I see Gord)Gordano and Lysandus wrote:I swear you are the LOTF Mariah sometimes
Peoples shara wrote: "Die nasty!!111"
by Roosevetania » Sat Jul 27, 2019 7:56 am
by Martune » Sat Jul 27, 2019 11:12 am
by Martune » Sat Jul 27, 2019 11:12 am
by Merni » Sun Jul 28, 2019 6:07 am
Roosevetania wrote:The people have spoken, so here's the revised Standing Orders. Because it's been altered a good bit since the last draft, I removed the sponsors.Standing Orders of Parliament
Authors: Alexander Norberg (NPP), Anna Nilsson (PLP)
Sponsors:
A bill to establish the rules of procedure of the Parliament of Saint Hilda per the Constitution of Saint Hilda
BE IT THEREFORE ENACTED, as follows:
§1 - The Speaker and Speaker's Conference
- The Speaker shall preside over Parliament and shall have the authority to enforce the Standing Orders.
- The Speaker may appoint Deputy Speakers and a Sergeant-At-Arms.
- At the beginning of a Parliamentary term, nominations for Speaker shall be held for twenty-four hours. Nominees must be Members of Parliament and may nominate themselves. A nomination must acquire two seconds to be recognized.
- After nominations conclude, a vote shall be held. Should only one candidate meet the requirements, an aye/nay confidence vote shall be held. Should two candidates meet the requirements, an adversarial vote using first-past-the-post shall be held. Should more than two candidates meet the requirements, a vote using ranked choice voting shall be held.
- During nominations and voting for Speaker, one of the most senior Members [OOC: one of the admins] shall preside as Acting Speaker. The winner of the vote shall be Speaker for the remainder of the Parliamentary term.
- The Speaker must be politically independent and unbiased.
- There shall be a Speaker's Conference composed of party leaders. The Speaker shall consult with the Speaker's Conference on matters of Parliamentary proceedings.
§2 - Regulations on Behavior
- Members shall address their remarks to the Speaker.
- Members shall address all other Members, including the Speaker, appropriately and with proper titles.
- Members shall not:
- use second person pronouns.
- speak out of turn or interrupt other Members.
- needlessly obstruct the business of Parliament or interrupt voting periods unless conveying urgent information to the Speaker.
- use language or conduct unbecoming of an elected official.
- utter remarks that are, to the best of their knowledge, false.
- impugn the intelligence or dignity of other Members.
- advocate or perpetrate violent, illegal, or otherwise inappropriate activities.
- Should a Member violate these rules, the following disciplinary actions may be undertaken at the discretion of the Speaker:
- Informal warning: a warning given by the Speaker during the course of debate, with no further action.
- Formal warning: a warning given by the Speaker by interrupting debate and reading out the section of the rules violated.
- Removal from the Chamber: the Speaker temporarily removes a Member from the Chamber for a designated amount of time.
- Censure: another member may motion to officially condemn another member through censure. Should the motion receive five seconds, the Parliament shall vote on the censure.
- Expulsion: after persistent violation of the rules, the Speaker or a Member may move to expel a Member. When not proposed by the Speaker, the motion requires five seconds. Should the requirements be met, the Parliament shall vote on the motion. The Member shall be expelled if two-thirds of votes are in favor.
§3 - Points and Motions
- Those items designated “motions” need five Members to second the motion followed by a vote; those items designated “points” do not need either. The list is arranged from highest to lowest precedence; questions of higher precedence shall be resolved before those of lower precedence.
- Votes on motions may take place concurrently to any other business. Motions shall be considered adopted if a majority of votes are in favour.
- Motion to adjourn: That Parliament adjourn until a specified time.
- Point of personal privilege: To draw the attention of the Speaker to a lack of comfort, safety, audibility of the person speaking, etc.
- Motion to extend debate: That debate on the question at hand be extended for a specified additional duration.
- Motion to immediately vote: That the debate be closed and voting on the question at hand be immediately begun.
- Motion to close the debate: That the debate be closed and the next scheduled debate be immediately begun.
- Motion of no-confidence in Speaker: That Parliament has lost confidence in the Speaker to sevre.
- Motion to appeal the Speaker’s decision: That the Speaker's decision be put to a vote. Requires seven seconds.
- Motion of censure: That a Member be officially condemned by the Parliament.
- Point of order: To draw the Speaker’s attention to a specific violation of these rules.
- Point of inquiry: To clarify a point regarding these rules.
- Point of information: To clarify a point regarding the business at hand, or the order of business, or the queue of bills.
- Motion to re-order the queue: That the queue of bills be re-ordered in a specific order.
§4 - Voting
- No vote shall last for an amount of time less than twenty-four hours.
- Any clear indication of assent or dissent shall be counted as a valid vote.
- During votes, members shall be silent, other than when they are casting their vote or conveying urgent information to the Speaker.
- A majority of votes must be cast in favor for a bill or resolution to pass.
§5 - Bill Process and Parliamentary Schedule
- There shall be a queue for proposed bills.
- Proposed bills and resolutions must gain three sponsors other than the author before they enter the bill queue.
- The Prime Minister may designate bills in the queue as Government bills. The Leader of the Opposition, who shall be the leader of the largest political bloc not in Government, may designate bills as Opposition bills.
- The Speaker, in consultation with the Speaker's Conference, shall introduce two to three bills per week. Each bill shall be debated for at least twenty-four hours, followed by a voting period of at least twenty-four hours.
- As is possible, one Government bill, one Opposition bill, and one private bill shall be introduced per week. Should this be impossible, Government bills shall take priority over Opposition bills, which shall take priority over private bills.
- As is possible by following the guidelines above, bills shall be introduced in the order they entered the queue, barring extenuating circumstances as determined by the Speaker and the Speaker's Conference.
- Amendments to a bill may be proposed and shall be considered if they receive five seconds other than the author. Should they be considered, they shall be put to a vote after debate concludes.
- Should amendments conflict, an adversarial vote may be held.
- Should an amendment pass, the bill shall be appropriately altered and there shall be twenty-four hours of debate on the altered version before the vote.
- Should no amendments pass, a vote on the original bill shall be held.
- Every week, as far as possible, there shall be some time, not less than twenty-four hours, allotted as Question Time. During this time, Members may ask questions to the Prime Minister and other Ministers. Ministers shall be compelled to reply to all such questions, unless doing so would create a grave danger to national security. Sufficient time shall be given to members of the Opposition to ask questions.
- Should time allow, other debates on various issues may be held by the Speaker in consultation with the Speaker’s Conference.
- It is acceptable for the weekly schedule to occasionally take more than a week due to time spent on amendments.
by Martune » Sun Jul 28, 2019 8:33 am
by Crylante » Sun Jul 28, 2019 11:29 am
Martune wrote:Only one motion of no confidence will be accepted every month (IC year)
by The Archipelago Territory » Sun Jul 28, 2019 11:53 am
Crylante wrote:Martune wrote:Only one motion of no confidence will be accepted every month (IC year)
This... isn’t how things work in a parliamentary democracy.
The whole point of a motion of no confidence is that it can be submitted at any time and therefore the government must always have the confidence of the legislature.
by Martune » Sun Jul 28, 2019 12:33 pm
Crylante wrote:Martune wrote:Only one motion of no confidence will be accepted every month (IC year)
This... isn’t how things work in a parliamentary democracy.
The whole point of a motion of no confidence is that it can be submitted at any time and therefore the government must always have the confidence of the legislature.
by Martune » Sun Jul 28, 2019 3:23 pm
by Kowani » Sun Jul 28, 2019 3:26 pm
Martune wrote:We don’t have a budget do we
by Martune » Sun Jul 28, 2019 3:34 pm
by The Archipelago Territory » Sun Jul 28, 2019 3:37 pm
by Kowani » Sun Jul 28, 2019 3:44 pm
by Martune » Sun Jul 28, 2019 3:47 pm
by Martune » Sun Jul 28, 2019 3:47 pm
by Sankta Hilda All-Patriots Congress » Mon Jul 29, 2019 10:04 am
Criminal Code Act
Author: Salomon Kombila Berggren (SHAPC)
Sponsors: Austin Miller (NPP), Stefan Almeda (NPP)
A bill to establish a criminal code for Saint Hilda
BE IT THEREFORE ENACTED, as follows:
§1 - Definitions
- 1st degree murder - the intentional and premeditated killing of another person
- 2nd degree murder - the intentional killing of another person
- Manslaughter - an intentional action to harm another person which results in their death but which is not premeditated or intended to kill, or the immediate and intentional killing of another person subsequent to direct and serious provocation
- Negligent homicide - the killing of another person resulting from negligent or reckless behavior
- Rape - the commission of sexual intercourse against the will of another person
- Sexual assault - the commission of sexual contact other than intercourse against the will of another person
- Assault - the threat or attempt to inflict physical harm on another person
- Battery - inflicting physical harm on another person
- Robbery - taking property unlawfully by force or threat of force
- Blackmail - gaining goods, services, and/or money from another person through the threat of revealing compromising information about that person
- Extortion - gaining goods, services, and/or money from another person through the threat of force or criminal use of authority
- Treason - attempting to overthrow the government or assisting the enemies of Saint Hilda
- Terrorism - the unlawful use of violence to create fear in the pursuit of political objectives
- Sedition - speech or conduct advocating the violent overthrow of the government that poses an imminent threat
- Wildlife trafficking - the unlawful selling or transporting of animals considered deserving of special protection because of their conservation status
- Drug trafficking - the unlawful transport and/or selling of large quantities of controlled substances
- Drug distribution - the unlawful selling of controlled substances
- Corruption - the use of public office for personal financial gain or benefit or for the financial gain or benefit of others ahead of the national interest
- Electoral fraud - interference with an election for the purpose of assuring a specific result
- Voter fraud - voting more than once or voting under an assumed identity
- Minor - a person less than 18 years of age
- Deadly weapon - a firearm or other implement that is intended as a weapon that could kill or severely injure another individual
- Human trafficking - selling or transporting persons for the purpose of forced labour, sexual slavery, or commercial sexual exploitation
- Slavery - the practice of holding other persons for the purpose of forced labour
§2 - Crimes Against Persons
- 1st degree murder shall be punishable by no less than life in prison with the possibility of parole. Penalty of death may be applied with approval of the judge in the case.
- 2nd degree murder shall be punishable by no less than 10 and no more than 20 years in prison.
- Manslaughter shall be punishable by no less than 1 and no more than 5 years in prison.
- Negligent homicide shall be punishable by no less than 1 and no more than 5 years in prison.
- Attempted murder shall be punishable by no less than 1 and no more than 10 years in prison.
- Rape shall be punishable by no less than 10 and no more than 20 years in prison. In the case of rape of a minor, it shall be in the judge's discretion to add up to 10 years to the sentence.
- Sexual assault shall be punishable by no less than 6 months and no more than 5 years in prison. In the case of sexual assault of a minor, it shall be in the judge's discretion to add up to 5 years to the sentence.
- Assault shall be punishable by no less than 6 months and no more than 1 year in prison.
- Battery shall be punishable by no less than 1 and no more than 3 years in prison.
- Robbery shall be punishable by no less than 1 and no more than 5 years in prison.
- Kidnapping shall be punishable by no less than 5 and no more than 15 years in prison. In the case of the kidnapping of a child, it shall be in the judge's discretion to add up to 10 years to the sentence.
- Child abuse shall be punishable by no less than 6 months in prison, community service, and mandatory parenting classes, and no more than 20 years in prison.
- Human trafficking shall be punishable by no less than 10 years in prison and no more than life in prison without the possibility of parole.
- A doctor who performs an abortion, except in the case of rape, incest, or danger to the life of the mother, shall be punished by no less than 10 years and no more than life in prison with the possibility of parole.
- Slavery shall be punishable by no less than 20 years and no more than life in prison without the possibility of parole.
§3 - Crimes Against Property
- Burglary shall be punishable by no less than 1 year and no more than 5 years in prison.
- Theft shall be punishable by a fine of up to $5,000, community service, and/or up to 6 months in prison.
- Fraud shall be punishable by a fine of up to $100,000 and no less than 1 and no more than 20 years in prison.
- Blackmail shall be punishable by a fine of up to $25,000 and no less than 1 and no more than 10 years in prison.
- Extortion shall be punishable by a fine of up to $25,000 and no less than 1 and no more than 15 years in prison.
- Embezzlement shall be punishable by confiscation of the embezzled money, a fine of up to $10,000 and no less than 1 and no more than 10 years in prison.
- Forgery shall be punishable by a fine of up to $5,000, community service and up to 5 years in prison.
- Arson shall be punishable by no less than 1 and no more than 20 years in prison.
- Smuggling shall be punishable by a fine of up to $100,000 and no more than 5 years in prison.
- Tax evasion shall be punishable by paying back taxes with interest, a fine of up to $100,000, and no more than 5 years in prison.
§4 - Crimes Against the State
- Treason shall be punishable by no less than life in prison without the possibility of parole. Penalty of death may be applied with approval of the judge in the case.
- Espionage shall be punishable by no less than 5 years and no more than life in prison without the possibility of parole.
- Terrorism shall be punishable by no less than 20 years in prison. Penalty of death may be applied with approval of the judge in the case.
- Sedition shall be punishable by no less than 5 years and no more than 20 years in prison.
- Sabotage shall be punishable by no less than 5 years and no more than 20 years in prison.
- The assassination of a government official shall be considered to be 1st degree murder under the provisions of this Act.
§5 - Other Miscellaneous Crimes
- Cruelty to animals, which includes sexual intercourse with animals, shall be punishable by a fine of no more than $10,000, community service, and no less than 1 year and no more than 10 years in prison.
- Wildlife trafficking shall be punishable by a fine of no less than $10,000, community service, and no less than 1 year and no more than 10 years in prison.
- Illegal consumption of a controlled substance shall be punishable by community service and time in a rehabilitation facility.
- Drug trafficking shall be punishable by a fine of up to $100,000 and no less than 10 years and no more than life in prison with the possibility of parole.
- Drug distribution shall be punishable by a fine of up to $5,000, community service, and no more than 10 years in prison.
- Illegal possession of a deadly weapon shall be punishable by the confiscation of the firearm(s), a fine of no more than $10,000 and community service and/or no more than 6 months in prison.
- Operating a motor vehicle while impaired shall be punishable by a fine of no more than $5,000, community service, and no more than 1 year in prison.
- Solicitation of a prostitute shall be punishable by a $500 fine and community service.
- Prostitution shall be punishable by a fine of $250, community service, and time spent in a rehabilitation facility.
- Perjury shall be punishable by no less than 1 year and no more than 3 years in prison.
- Obstruction of justice shall be punishable by no less than 5 and no more than 20 years in prison.
- Bribery of a public official shall be punishable by no less than 1 and no more than 20 years in prison.
- Corruption shall be punishable by no less than 5 years and no more than life in prison with the possibility of parole.
- Electoral fraud shall be punishable by no less than 1 year and no more than 20 years in prison.
- Voter fraud shall be punishable by a fine of up to $1000 and no more than 6 months in prison.
- Conspiracy to commit any of the crimes listed in this Act shall be punishable by no less than one half of and no more than the penalty listed for that crime in this Act.
- If it is determined in the trial that the person accused of a crime committed said crime against a person(s), business, institution, or other group because of animus towards said person(s), business, institution, or other group's race, sex, color, religion, age, disability, sexual orientation, gender identity, national origin, or citizenship status, said person, if convicted, may have up to 10 years added to their sentence by the judge involved for each crime committed.
§6 - Prohibitions & Rights
- The government shall not use the practice of civil asset forfeiture.
- The government shall not practice solitary confinement of a minor, torture, or other cruel and unusual punishments.
- The government shall not detain individuals for more than 24 hours without formally accusing them of a crime and bringing them before a judge.
- The government shall not detain individuals awaiting trial who are demonstrably financially unable to make bail. These individuals shall be placed under house arrest.
- Law enforcement officers in the pursuit of their duty shall have the right to use reasonable force to apprehend suspects. Reasonable force does not extend to lethal force unless an attack has been made upon a law enforcement officer that causes them to have a reasonable belief that their life is threatened. Law enforcement officers shall not use lethal force to apprehend a fleeing suspect.
- All residents of St. Hilda shall not be subject to search of their homes, motor vehicles, or papers (this extends to digital files) except with a search warrant obtained from a judge with proper evidence, or in cases of emergency aid rendered by law enforcement officers. All residents of St. Hilda shall not be subject to a search of their persons or personal effects without a law enforcement officer's belief, supported by evidence, that a particular person has committed a particular crime.
- All residents of St. Hilda shall be treated equally by law enforcement and before the law regardless of race, sex, age, disability, sexual orientation, gender identity, religion, color, and national origin. Violation of this section by a law enforcement officer shall result in termination of employment.
- All persons accused of a crime shall have the presumption of innocence. It shall be the burden of the state to prove beyond a reasonable doubt that the individual accused of a crime has committed said crime.
- All minors who are accused of a crime shall be tried as minors in a system of juvenile justice. Said system of juvenile justice shall prioritize rehabilitation and education of minors.
- All residents of St. Hilda shall have the right to self-defense. If attacked, they may respond with reasonable force (force not exceeding the degree of force used against them by their assailant). The right to self-defense shall extend to lethal force if the individual has a reasonable belief that their life is threatened. The right to self-defense shall extend to defense of others.
- The following deadly weapons are illegal in St. Hilda: nuclear, chemical, or biological weapons, functioning weapons of war such as artillery, tanks, land mines, bombs, etc
- The following deadly weapons may be held with a proper permit (included but not limited to): nonfunctioning artillery or other weapons of war as referenced in Section 6(j), firearms, "brass" knuckles, nunchakus, knives for purposes other than as a tool, swords, spears or spear-like implements, axes other than for use as a tool.
by Agarntrop » Mon Jul 29, 2019 10:10 am
Sankta Hilda All-Patriots Congress wrote:Criminal Code Act
Author: Salomon Kombila Berggren (SHAPC)
Sponsors:
A bill to establish a criminal code for Saint Hilda
BE IT THEREFORE ENACTED, as follows:
§1 - Definitions
- 1st degree murder - the intentional and premeditated killing of another person
- 2nd degree murder - the intentional killing of another person
- Manslaughter - an intentional action to harm another person which results in their death but which is not premeditated or intended to kill, or the immediate and intentional killing of another person subsequent to direct and serious provocation
- Negligent homicide - the killing of another person resulting from negligent or reckless behavior
- Rape - the commission of sexual intercourse against the will of another person
- Sexual assault - the commission of sexual contact other than intercourse against the will of another person
- Assault - the threat or attempt to inflict physical harm on another person
- Battery - inflicting physical harm on another person
- Robbery - taking property unlawfully by force or threat of force
- Blackmail - gaining goods, services, and/or money from another person through the threat of revealing compromising information about that person
- Extortion - gaining goods, services, and/or money from another person through the threat of force or criminal use of authority
- Treason - attempting to overthrow the government or assisting the enemies of Saint Hilda
- Terrorism - the unlawful use of violence to create fear in the pursuit of political objectives
- Sedition - speech or conduct advocating the violent overthrow of the government that poses an imminent threat
- Wildlife trafficking - the unlawful selling or transporting of animals considered deserving of special protection because of their conservation status
- Drug trafficking - the unlawful transport and/or selling of large quantities of controlled substances
- Drug distribution - the unlawful selling of controlled substances
- Corruption - the use of public office for personal financial gain or benefit or for the financial gain or benefit of others ahead of the national interest
- Electoral fraud - interference with an election for the purpose of assuring a specific result
- Voter fraud - voting more than once or voting under an assumed identity
- Minor - a person less than 18 years of age
- Deadly weapon - a firearm or other implement that is intended as a weapon that could kill or severely injure another individual
- Human trafficking - selling or transporting persons for the purpose of forced labour, sexual slavery, or commercial sexual exploitation
- Slavery - the practice of holding other persons for the purpose of forced labour
§2 - Crimes Against Persons
- 1st degree murder shall be punishable by no less than life in prison with the possibility of parole. Penalty of death may be applied with approval of the judge in the case.
- 2nd degree murder shall be punishable by no less than 10 and no more than 20 years in prison.
- Manslaughter shall be punishable by no less than 1 and no more than 5 years in prison.
- Negligent homicide shall be punishable by no less than 1 and no more than 5 years in prison.
- Attempted murder shall be punishable by no less than 1 and no more than 10 years in prison.
- Rape shall be punishable by no less than 10 and no more than 20 years in prison. In the case of rape of a minor, it shall be in the judge's discretion to add up to 10 years to the sentence.
- Sexual assault shall be punishable by no less than 6 months and no more than 5 years in prison. In the case of sexual assault of a minor, it shall be in the judge's discretion to add up to 5 years to the sentence.
- Assault shall be punishable by no less than 6 months and no more than 1 year in prison.
- Battery shall be punishable by no less than 1 and no more than 3 years in prison.
- Robbery shall be punishable by no less than 1 and no more than 5 years in prison.
- Kidnapping shall be punishable by no less than 5 and no more than 15 years in prison. In the case of the kidnapping of a child, it shall be in the judge's discretion to add up to 10 years to the sentence.
- Child abuse shall be punishable by no less than 6 months in prison, community service, and mandatory parenting classes, and no more than 20 years in prison.
- Human trafficking shall be punishable by no less than 10 years in prison and no more than life in prison without the possibility of parole.
- A doctor who performs an abortion, except in the case of rape, incest, or danger to the life of the mother, shall be punished by no less than 10 years and no more than life in prison with the possibility of parole.
- Slavery shall be punishable by no less than 20 years and no more than life in prison without the possibility of parole.
§3 - Crimes Against Property
- Burglary shall be punishable by no less than 1 year and no more than 5 years in prison.
- Theft shall be punishable by a fine of up to $5,000, community service, and/or up to 6 months in prison.
- Fraud shall be punishable by a fine of up to $100,000 and no less than 1 and no more than 20 years in prison.
- Blackmail shall be punishable by a fine of up to $25,000 and no less than 1 and no more than 10 years in prison.
- Extortion shall be punishable by a fine of up to $25,000 and no less than 1 and no more than 15 years in prison.
- Embezzlement shall be punishable by confiscation of the embezzled money, a fine of up to $10,000 and no less than 1 and no more than 10 years in prison.
- Forgery shall be punishable by a fine of up to $5,000, community service and up to 5 years in prison.
- Arson shall be punishable by no less than 1 and no more than 20 years in prison.
- Smuggling shall be punishable by a fine of up to $100,000 and no more than 5 years in prison.
- Tax evasion shall be punishable by paying back taxes with interest, a fine of up to $100,000, and no more than 5 years in prison.
§4 - Crimes Against the State
- Treason shall be punishable by no less than life in prison without the possibility of parole. Penalty of death may be applied with approval of the judge in the case.
- Espionage shall be punishable by no less than 5 years and no more than life in prison without the possibility of parole.
- Terrorism shall be punishable by no less than 20 years in prison. Penalty of death may be applied with approval of the judge in the case.
- Sedition shall be punishable by no less than 5 years and no more than 20 years in prison.
- Sabotage shall be punishable by no less than 5 years and no more than 20 years in prison.
- The assassination of a government official shall be considered to be 1st degree murder under the provisions of this Act.
§5 - Other Miscellaneous Crimes
- Cruelty to animals, which includes sexual intercourse with animals, shall be punishable by a fine of no more than $10,000, community service, and no less than 1 year and no more than 10 years in prison.
- Wildlife trafficking shall be punishable by a fine of no less than $10,000, community service, and no less than 1 year and no more than 10 years in prison.
- Illegal consumption of a controlled substance shall be punishable by community service and time in a rehabilitation facility.
- Drug trafficking shall be punishable by a fine of up to $100,000 and no less than 10 years and no more than life in prison with the possibility of parole.
- Drug distribution shall be punishable by a fine of up to $5,000, community service, and no more than 10 years in prison.
- Illegal possession of a deadly weapon shall be punishable by the confiscation of the firearm(s), a fine of no more than $10,000 and community service and/or no more than 6 months in prison.
- Operating a motor vehicle while impaired shall be punishable by a fine of no more than $5,000, community service, and no more than 1 year in prison.
- Solicitation of a prostitute shall be punishable by a $500 fine and community service.
- Prostitution shall be punishable by a fine of $250, community service, and time spent in a rehabilitation facility.
- Perjury shall be punishable by no less than 1 year and no more than 3 years in prison.
- Obstruction of justice shall be punishable by no less than 5 and no more than 20 years in prison.
- Bribery of a public official shall be punishable by no less than 1 and no more than 20 years in prison.
- Corruption shall be punishable by no less than 5 years and no more than life in prison with the possibility of parole.
- Electoral fraud shall be punishable by no less than 1 year and no more than 20 years in prison.
- Voter fraud shall be punishable by a fine of up to $1000 and no more than 6 months in prison.
- Conspiracy to commit any of the crimes listed in this Act shall be punishable by no less than one half of and no more than the penalty listed for that crime in this Act.
- If it is determined in the trial that the person accused of a crime committed said crime against a person(s), business, institution, or other group because of animus towards said person(s), business, institution, or other group's race, sex, color, religion, age, disability, sexual orientation, gender identity, national origin, or citizenship status, said person, if convicted, may have up to 10 years added to their sentence by the judge involved for each crime committed.
§6 - Prohibitions & Rights
- The government shall not use the practice of civil asset forfeiture.
- The government shall not practice solitary confinement of a minor, torture, or other cruel and unusual punishments.
- The government shall not detain individuals for more than 24 hours without formally accusing them of a crime and bringing them before a judge.
- Law enforcement officers in the pursuit of their duty shall have the right to use reasonable force to apprehend suspects. Reasonable force does not extend to lethal force unless an attack has been made upon a law enforcement officer that causes them to have a reasonable belief that their life is threatened. Law enforcement officers shall not use lethal force to apprehend a fleeing suspect.
- All residents of St. Hilda shall not be subject to search of their homes, motor vehicles, or papers (this extends to digital files) except with a search warrant obtained from a judge with proper evidence, or in cases of emergency aid rendered by law enforcement officers. All residents of St. Hilda shall not be subject to a search of their persons or personal effects without a law enforcement officer's belief, supported by evidence, that a particular person has committed a particular crime.
- All residents of St. Hilda shall be treated equally by law enforcement and before the law regardless of race, sex, age, disability, sexual orientation, gender identity, religion, color, and national origin. Violation of this section by a law enforcement officer shall result in termination of employment.
- All persons accused of a crime shall have the presumption of innocence. It shall be the burden of the state to prove beyond a reasonable doubt that the individual accused of a crime has committed said crime.
- All minors who are accused of a crime shall be tried as minors in a system of juvenile justice. Said system of juvenile justice shall prioritize rehabilitation and education of minors.
- All residents of St. Hilda shall have the right to self-defense. If attacked, they may respond with reasonable force (force not exceeding the degree of force used against them by their assailant). The right to self-defense shall extend to lethal force if the individual has a reasonable belief that their life is threatened. The right to self-defense shall extend to defense of others.
- The following deadly weapons are illegal in St. Hilda: nuclear, chemical, or biological weapons, functioning weapons of war such as artillery, tanks, land mines, bombs, etc
- The following deadly weapons may be held with a proper permit (included but not limited to): nonfunctioning artillery or other weapons of war as referenced in Section 6(j), firearms, "brass" knuckles, nunchakus, knives for purposes other than as a tool, swords, spears or spear-like implements, axes other than for use as a tool.
Criminal code. Open to suggestions before being officially submitted.
by The Archipelago Territory » Mon Jul 29, 2019 10:22 am
Sankta Hilda All-Patriots Congress wrote:Criminal Code Act
Author: Salomon Kombila Berggren (SHAPC)
Sponsors:
A bill to establish a criminal code for Saint Hilda
BE IT THEREFORE ENACTED, as follows:
§1 - Definitions
- 1st degree murder - the intentional and premeditated killing of another person
- 2nd degree murder - the intentional killing of another person
- Manslaughter - an intentional action to harm another person which results in their death but which is not premeditated or intended to kill, or the immediate and intentional killing of another person subsequent to direct and serious provocation
- Negligent homicide - the killing of another person resulting from negligent or reckless behavior
- Rape - the commission of sexual intercourse against the will of another person
- Sexual assault - the commission of sexual contact other than intercourse against the will of another person
- Assault - the threat or attempt to inflict physical harm on another person
- Battery - inflicting physical harm on another person
- Robbery - taking property unlawfully by force or threat of force
- Blackmail - gaining goods, services, and/or money from another person through the threat of revealing compromising information about that person
- Extortion - gaining goods, services, and/or money from another person through the threat of force or criminal use of authority
- Treason - attempting to overthrow the government or assisting the enemies of Saint Hilda
- Terrorism - the unlawful use of violence to create fear in the pursuit of political objectives
- Sedition - speech or conduct advocating the violent overthrow of the government that poses an imminent threat
- Wildlife trafficking - the unlawful selling or transporting of animals considered deserving of special protection because of their conservation status
- Drug trafficking - the unlawful transport and/or selling of large quantities of controlled substances
- Drug distribution - the unlawful selling of controlled substances
- Corruption - the use of public office for personal financial gain or benefit or for the financial gain or benefit of others ahead of the national interest
- Electoral fraud - interference with an election for the purpose of assuring a specific result
- Voter fraud - voting more than once or voting under an assumed identity
- Minor - a person less than 18 years of age
- Deadly weapon - a firearm or other implement that is intended as a weapon that could kill or severely injure another individual
- Human trafficking - selling or transporting persons for the purpose of forced labour, sexual slavery, or commercial sexual exploitation
- Slavery - the practice of holding other persons for the purpose of forced labour
§2 - Crimes Against Persons
- 1st degree murder shall be punishable by no less than life in prison with the possibility of parole. Penalty of death may be applied with approval of the judge in the case.
- 2nd degree murder shall be punishable by no less than 10 and no more than 20 years in prison.
- Manslaughter shall be punishable by no less than 1 and no more than 5 years in prison.
- Negligent homicide shall be punishable by no less than 1 and no more than 5 years in prison.
- Attempted murder shall be punishable by no less than 1 and no more than 10 years in prison.
- Rape shall be punishable by no less than 10 and no more than 20 years in prison. In the case of rape of a minor, it shall be in the judge's discretion to add up to 10 years to the sentence.
- Sexual assault shall be punishable by no less than 6 months and no more than 5 years in prison. In the case of sexual assault of a minor, it shall be in the judge's discretion to add up to 5 years to the sentence.
- Assault shall be punishable by no less than 6 months and no more than 1 year in prison.
- Battery shall be punishable by no less than 1 and no more than 3 years in prison.
- Robbery shall be punishable by no less than 1 and no more than 5 years in prison.
- Kidnapping shall be punishable by no less than 5 and no more than 15 years in prison. In the case of the kidnapping of a child, it shall be in the judge's discretion to add up to 10 years to the sentence.
- Child abuse shall be punishable by no less than 6 months in prison, community service, and mandatory parenting classes, and no more than 20 years in prison.
- Human trafficking shall be punishable by no less than 10 years in prison and no more than life in prison without the possibility of parole.
- A doctor who performs an abortion, except in the case of rape, incest, or danger to the life of the mother, shall be punished by no less than 10 years and no more than life in prison with the possibility of parole.
- Slavery shall be punishable by no less than 20 years and no more than life in prison without the possibility of parole.
§3 - Crimes Against Property
- Burglary shall be punishable by no less than 1 year and no more than 5 years in prison.
- Theft shall be punishable by a fine of up to $5,000, community service, and/or up to 6 months in prison.
- Fraud shall be punishable by a fine of up to $100,000 and no less than 1 and no more than 20 years in prison.
- Blackmail shall be punishable by a fine of up to $25,000 and no less than 1 and no more than 10 years in prison.
- Extortion shall be punishable by a fine of up to $25,000 and no less than 1 and no more than 15 years in prison.
- Embezzlement shall be punishable by confiscation of the embezzled money, a fine of up to $10,000 and no less than 1 and no more than 10 years in prison.
- Forgery shall be punishable by a fine of up to $5,000, community service and up to 5 years in prison.
- Arson shall be punishable by no less than 1 and no more than 20 years in prison.
- Smuggling shall be punishable by a fine of up to $100,000 and no more than 5 years in prison.
- Tax evasion shall be punishable by paying back taxes with interest, a fine of up to $100,000, and no more than 5 years in prison.
§4 - Crimes Against the State
- Treason shall be punishable by no less than life in prison without the possibility of parole. Penalty of death may be applied with approval of the judge in the case.
- Espionage shall be punishable by no less than 5 years and no more than life in prison without the possibility of parole.
- Terrorism shall be punishable by no less than 20 years in prison. Penalty of death may be applied with approval of the judge in the case.
- Sedition shall be punishable by no less than 5 years and no more than 20 years in prison.
- Sabotage shall be punishable by no less than 5 years and no more than 20 years in prison.
- The assassination of a government official shall be considered to be 1st degree murder under the provisions of this Act.
§5 - Other Miscellaneous Crimes
- Cruelty to animals, which includes sexual intercourse with animals, shall be punishable by a fine of no more than $10,000, community service, and no less than 1 year and no more than 10 years in prison.
- Wildlife trafficking shall be punishable by a fine of no less than $10,000, community service, and no less than 1 year and no more than 10 years in prison.
- Illegal consumption of a controlled substance shall be punishable by community service and time in a rehabilitation facility.
- Drug trafficking shall be punishable by a fine of up to $100,000 and no less than 10 years and no more than life in prison with the possibility of parole.
- Drug distribution shall be punishable by a fine of up to $5,000, community service, and no more than 10 years in prison.
- Illegal possession of a deadly weapon shall be punishable by the confiscation of the firearm(s), a fine of no more than $10,000 and community service and/or no more than 6 months in prison.
- Operating a motor vehicle while impaired shall be punishable by a fine of no more than $5,000, community service, and no more than 1 year in prison.
- Solicitation of a prostitute shall be punishable by a $500 fine and community service.
- Prostitution shall be punishable by a fine of $250, community service, and time spent in a rehabilitation facility.
- Perjury shall be punishable by no less than 1 year and no more than 3 years in prison.
- Obstruction of justice shall be punishable by no less than 5 and no more than 20 years in prison.
- Bribery of a public official shall be punishable by no less than 1 and no more than 20 years in prison.
- Corruption shall be punishable by no less than 5 years and no more than life in prison with the possibility of parole.
- Electoral fraud shall be punishable by no less than 1 year and no more than 20 years in prison.
- Voter fraud shall be punishable by a fine of up to $1000 and no more than 6 months in prison.
- Conspiracy to commit any of the crimes listed in this Act shall be punishable by no less than one half of and no more than the penalty listed for that crime in this Act.
- If it is determined in the trial that the person accused of a crime committed said crime against a person(s), business, institution, or other group because of animus towards said person(s), business, institution, or other group's race, sex, color, religion, age, disability, sexual orientation, gender identity, national origin, or citizenship status, said person, if convicted, may have up to 10 years added to their sentence by the judge involved for each crime committed.
§6 - Prohibitions & Rights
- The government shall not use the practice of civil asset forfeiture.
- The government shall not practice solitary confinement of a minor, torture, or other cruel and unusual punishments.
- The government shall not detain individuals for more than 24 hours without formally accusing them of a crime and bringing them before a judge.
- Law enforcement officers in the pursuit of their duty shall have the right to use reasonable force to apprehend suspects. Reasonable force does not extend to lethal force unless an attack has been made upon a law enforcement officer that causes them to have a reasonable belief that their life is threatened. Law enforcement officers shall not use lethal force to apprehend a fleeing suspect.
- All residents of St. Hilda shall not be subject to search of their homes, motor vehicles, or papers (this extends to digital files) except with a search warrant obtained from a judge with proper evidence, or in cases of emergency aid rendered by law enforcement officers. All residents of St. Hilda shall not be subject to a search of their persons or personal effects without a law enforcement officer's belief, supported by evidence, that a particular person has committed a particular crime.
- All residents of St. Hilda shall be treated equally by law enforcement and before the law regardless of race, sex, age, disability, sexual orientation, gender identity, religion, color, and national origin. Violation of this section by a law enforcement officer shall result in termination of employment.
- All persons accused of a crime shall have the presumption of innocence. It shall be the burden of the state to prove beyond a reasonable doubt that the individual accused of a crime has committed said crime.
- All minors who are accused of a crime shall be tried as minors in a system of juvenile justice. Said system of juvenile justice shall prioritize rehabilitation and education of minors.
- All residents of St. Hilda shall have the right to self-defense. If attacked, they may respond with reasonable force (force not exceeding the degree of force used against them by their assailant). The right to self-defense shall extend to lethal force if the individual has a reasonable belief that their life is threatened. The right to self-defense shall extend to defense of others.
- The following deadly weapons are illegal in St. Hilda: nuclear, chemical, or biological weapons, functioning weapons of war such as artillery, tanks, land mines, bombs, etc
- The following deadly weapons may be held with a proper permit (included but not limited to): nonfunctioning artillery or other weapons of war as referenced in Section 6(j), firearms, "brass" knuckles, nunchakus, knives for purposes other than as a tool, swords, spears or spear-like implements, axes other than for use as a tool.
Criminal code. Open to suggestions before being officially submitted.
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