Bill: Accepted Criminal Reform V. 5 Act

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spyrolix

Member of Parliament
Member of Parliament
Department of Internal Development
Department of Justice
Department of Public Affairs
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spyrolix
spyrolix
MemberOfParliament
Criminal Reform V.5 Act

The Parliament of Stratham enacts:

Section 1. Short Title

(1) This Act is the Criminal Reform V.5 Act.

Section 2. Commencement

(1) All provisions shall come into effect upon passage.
(2) This act shall remove the criminal Reform V.4 Act from law.

Section 3. Purpose and Reasoning

(1) To incorporate appropriate laws governing hostage situations and the lawful entry without consent by the Department of Justice.
(2) Some additions and adjustments from the previous bill to include these laws.

Section 4. Definitions

(1) Define Murder as “The act of killing another player without the victimized party giving consent to the murder”
(a) Outlaw Murder
(b) This act shall receive the punishment of a Class 1 Misdemeanor.

(2) Define Assault as “The act of inflicting over 1 heart of damage to another player”
(a) Outlaw Assault.
(b) This act shall receive the punishment of a Class 3 Misdemeanor.

(3) Define Evading Arrest as “The act of disconnecting to avoid arrest, the use of teleports to avoid arrest, running to avoid arrest, and the use of warp to different dimensions such as nether, end, and resource world.”
(a) Outlaw Evading Arrest.
(b) Evading Arrest is to be charged per crime committed.
(c) This act shall receive the punishment of a Class 3 Misdemeanor.

(4) Define Trespassing as “The act of entering another person’s property without permission. Without permission refers to signs or verbal warnings to leave another person's property.”
(a) Outlaw Trespassing.
(b) This act shall receive the punishment of a Class 2 Misdemeanor.


(5) Define Trespassing on Government Property as “The act of accessing areas of a government building marked off as Restricted.”
(a) Outlaw Trespassing on Government Property
(b) This act shall receive the punishment of a Class 1 Misdemeanor.

(6) Define Obstruction of Justice as “The act of withholding evidence, lying to the Authorities, and/or interfering with an investigation or arrest.”
(a) Outlaw Obstruction of Justice.
(7) This act shall receive the punishment of a Class 3 Felony.

(7) Define Attempted Murder as “The act of inflicting 3 hearts of damage or more to an individual.”
(a) Outlaw Attempted Murder.
(b) This act shall receive the punishment of a Class 2 Misdemeanor.

(8) Define Bank Robbery as “The act or attempted act of stealing from a bank”
(a) Outlaw Bank Robbery.
(b) This act shall receive the punishment of a Class 2 Felony.

(9) Define Obstructing the execution of a warrant as “The act of refusing to leave a property upon request by law enforcement after being presented proof of a warrant.”
(a) Outlaw Obstructing the execution of a warrant.
(b) This act shall receive the punishment of a Class 3 Felony.

(10) Define Disruption of a government sanctioned event as “The act of disrupting an event hosted by any executive department by acting in a poor manner or acting violently during the event. ”
(a) Outlaw Disruption of a government sanctioned event.
(b) This act shall receive the punishment of a Class 3 Felony.

(11) Define Carrying a concealed lethal weapon without a permit as “The act of carrying a gun that can cause lethal damage without having a weapons permit.”
(a) Outlaw Carrying a concealed lethal weapon without a permit.
(b) This act shall receive the punishment of a Class 1 Misdemeanor.

(12) Define Trafficking of lethal weapons without permit as “The act of distributing guns that can cause lethal damage without a permit.”
(a) Outlaw Trafficking of lethal weapons without permit.
(b) This act shall receive the punishment of a Class 3 Felony.

(13) Define Scamming as “The act of intentionally deceiving an individual through dishonest means in order to deprive them of their money or belongings.”
(a) Outlaw Scamming.
(b) Any citizen may bring a civil charge of scamming in court against another person or company. If found guilty they will be required to pay back all damages and face a punishment from the Department of Justice.
(c) This act shall receive the punishment of a Class 2 Felony.

(14) Define Murder of a Working Government Employee as "The act of killing an individual who is performing tasks in relation to their position as a government employee."
(a) Outlaw Murder of a Working Government Employee.
(b) This act shall receive the punishment of a Class 2 Felony.

(15) Define Assault of a Working Government Employee as "The act of inflicting over 1 heart of damage to any individual who is performing tasks in relation to their position as a government employee."
(a) Outlaw Assault of a Working Government Employee.
(b) This act shall receive the punishment of a Class 3 Felony.

(16) Define Assault of a Senior Government Official as “The act of inflicting over 1 heart of damage to any individual who is a Member of Parliament, Judicial Officer, Minister, Deputy Prime Minister, or Prime Minister.”
(a) Outlaw Assault of a Senior Government Official.
(b) This act shall receive the punishment of a Class 3 Felony.

(17) Define Attempted Murder of a Senior Government Official as “The act of inflicting 3 hearts of damage to any individual who is a Member of Parliament, Judicial Officer, Minister, Deputy Prime Minister, or Prime Minister. ”
(a) Outlaw Attempted Murder of a Senior Government Official.
(b) This act shall receive the punishment of a Class 2 Felony.

(18) Define Murder of a Senior Government Official as “The act of killing an individual who is the Prime Minister, Deputy Prime Minister, Minister, Member of Parliament, or Judicial Officer.”
(a) Outlaw Murder of a Senior Government Official.
(b) This act shall receive the punishment of a Class 1 Felony.

(19) Define Abandonment of Vehicles as “The act of abandoning your vehicle and leaving it unattended anywhere in a city.”
(a) Define abandoning as “Leaving your vehicle unattended in an unsanctioned parking spot.”
(b) Outlaw Abandonment of Vehicles.
(c) Abandoned Vehicles must be impounded by the Department of Justice and returned to the owner at request.
(d) This act shall receive the punishment of a Class 3 Misdemeanor.

(20) Define Government Request Abuse as “The act of Government Request Abuse is using a sign or command to request a service from the government even though it is not specifically needed by the requestor.”
(a) Outlaw Government Request Abuse.
(b) This act shall receive the punishment of a Class 3 Misdemeanor.

(21) Define Public Intoxication as “The act of disturbing the public or a specific player by slurred speech or throwing up or by exceeding the legal limit for intoxication.”
(a) This law shall not apply to players that are drunk on their own property or on another player’s property with permission from the owner.
(b) Outlaw Public Intoxication.
(b) This act shall receive the punishment of a Class 3 Misdemeanor.

(22) Define Driving while under the influence as “The act of exceeding the legal drinking limit while operating a motor vehicle.”
(a) Outlaw Driving while under the influence.
(b) This act shall receive the punishment of a Class 3 Misdemeanor.

(23) Define Impersonating a Government Official as “The act of pretending that you are employed by the Government as a specific job.”
(a) Outlaw Impersonating a Government Official.
(b) This act shall receive the punishment of a Class 3 Misdemeanor.
(c) Every 24 hours an individual refuses to change their in-game job prefix or rectify this issue, it shall be considered another offense of this act.

(24) Define Holding an Individual Hostage as: "The act of detaining an individual against their will, using threats, force, or coercion."
(a) Outlaw Holding an Individual Hostage.
(b) This act shall receive the punishment of a Class 2 Misdemeanor.
(25) Define Holding a Senior Government Official Hostage as:
"The act of detaining an individual who is a Member of Parliament, Judicial Officer, Minister, Deputy Prime Minister, or Prime Minister, against their will, using threats, force, or coercion."
(a) Outlaw Holding a Senior Government Official Hostage.
(b) This act shall receive the punishment of a Class 2 Felony.

(26) Define Kidnapping an Individual as: "The act of unlawfully seizing and carrying away an individual."
(a) Outlaw Kidnapping an Individual.
(b) This act shall receive the punishment of a Class 1 Misdemeanor.

(27) Define Kidnapping a Senior Government Official as:
"The act of unlawfully seizing and carrying away an individual who is a Member of Parliament, Judicial Officer, Minister, Deputy Prime Minister, or Prime Minister."
(a) Outlaw Kidnapping a Senior Government Official.
(b) This act shall receive the punishment of a Class 1 Felony.

(28) Define Unlawful Detainment of an Individual as:
"The act of restricting an individual's freedom of movement without legal authority or justification."
(a) Outlaw Unlawful Detainment of an Individual.
(b) This act shall receive the punishment of a Class 2 Misdemeanor.

(29) Define Unlawful Detainment of a Senior Government Official as:
"The act of restricting the freedom of movement of an individual who is a Member of Parliament, Judicial Officer, Minister, Deputy Prime Minister, or Prime Minister without legal authority or justification."
(a) Outlaw Unlawful Detainment of a Senior Government Official.
(b) This act shall receive the punishment of a Class 2 Felony.

Section 5. Punishments

(1) Establish a Classification System for Felonies and Misdemeanors.

(2) Class 1 Felony:
(a) 1st Offense: 400kr fine and 7 minutes of jail time.
(b) 2nd Offense: 500kr fine and 10 minutes of jail time.
(c) 3rd Offense: 750kr fine and 10 minutes of jail time.


(3) Class 2 Felony:
(a) 1st Offense: 250kr fine and 5 minutes of jail time.
(b) 2nd Offense: 300kr fine and 5 minutes of jail time.
(c) 3rd Offense: 450kr fine and 10 minutes of jail time.

(4) Class 3 Felony:
(a) 1st Offense: 200kr fine and 5 minutes of jail time.
(b) 2nd Offense: 250kr fine and 5 minutes of jail time.
(c) 3rd Offense: 400kr fine and 10 minutes of jail time.

(5) Establish a Classification System for Misdemeanors.

(6) Class 1 Misdemeanor:
(a) 1st Offense: 50kr fine and 5 minutes of jail time.
(b) 2nd Offense: 100kr fine and 5 minutes of jail time.
(c) 3rd Offense: 200kr fine and 10 minutes of jail time.

(7) Class 2 Misdemeanor
(a) 1st Offense: 25kr fine and 5 minutes jail time.
(b) 2nd Offense: 50kr fine and 5 minutes jail time.
(c) 3rd Offense: 100kr fine and 10 minutes jail time.

(8) Class 3 Misdemeanor
(a) 1st Offense: Verbal Warning
(b) 2nd Offense: 20kr fine
(c) 3rd Offense: 40kr fine and 10 minutes of jail time

(9) All offenses within this bill shall be classified as “Criminal Summary Judgment Offenses” and do not require to be found guilty in a court of law, however individuals charged with said crimes may file suit if they feel they were unjustly charged with the crime.

(10) No person shall receive a jail time punishment of more than 30 minutes in a single arrest.

Section 6. Extra Punishments

(1) Any player that commits a number of offenses of an illegal act that is not listed under the law that is included, but not limited to illegal acts under this bill, shall have an additional punishment per offense.

(2) The Office of the Attorney General may, at their discretion with just cause, prosecute individuals.

(a) The Government may request a sentence of no more than triple of the highest punishment listed on an illegal act per offense committed.

(3) All extra punishments are enforced completely at the discretion of the Office of the Attorney General.
(4) The Department of Justice may issue punishments for individuals that have exceeded the number of punishments specified may have an additional punishment of 100kr and 2 minutes of jail time per offense.

Section 7. Firearms and Driving

(1) Establish an infraction point system for the removal of firearms permits
(a) 1st Infraction point: 50kr fine.
(b) 2nd Infraction point: 75kr fine.
(c) 3rd Infraction point: 150kr fine and removal of permit with the opportunity to retake the exam.
(d) 4th Infraction point: 250kr fine and temporary permit suspension for 7 days.
(e) 5th Infraction point: 375kr fine and permanent ban of permit. Must be appealed on forums.
(f) Any further infraction points will receive a punishment at the discretion of the Department of Justice.

(2) Establish an infraction system for the removal of drivers licenses.
(a) 1st Infraction: 50kr fine.
(b) 2nd Infraction: 75kr fine and removal of license with the opportunity to retake the exam.
(c) 3rd Infraction: 150kr fine and removal of license with the opportunity to retake the exam.
(d) 4th Infraction: 250kr fine and temporary suspension of license for 7 days.
(e) 5th Infraction point: 375kr fine and permanent removal of license. Must be appealed in court.
(f) Any further infraction points will receive a punishment at the discretion of the Department of Justice

(3) Driver’s and Firearm Infractions shall be given out for each offense that is related to a vehicle or firearm.

Section 8. Forgiveness Program

(1) Any player with the tag “New Player” shall not be arrested for their 1st or 2nd crime committed.
(a) However a Police Officer must warn the player that they’re breaking a law and should read the laws page.

(2) Any player that willingly turns themselves in upon request by the Department of Justice shall be given a reduced punishment of no more than half of a fine, jail time, or both.
(a) The reduced punishment shall be given completely at the discretion of the Department of Justice.

Section 9. Lawful entry by the Department of Justice

(1) Conditions for lawful entry by a member of the Department of Justice.
(a) Members of the Department of Justice may always enter and perform an arrest when the owner consents.
(b) Members of the Department of Justice (DoJ) may enter a property without the owner’s consent under the following conditions:
  • The DoJ receives a 911 call originating from the property.
  • The DoJ receives a public or private message from an individual present at the location, requesting assistance.
  • The DoJ is certain of the presence of a wanted person on the property.
  • The DoJ has reasonable suspicion that a wanted person is on the property, based on eyewitness accounts or visible markers indicating the person's presence.
(c) The Department of Justice may enter a property without the owner’s consent within 48 hours of the approval of a search warrant. The actual laws on warrants shall be respected in this process.

(2) Evidence.
(a) When a member of the Department of Justice enters a property with the owner’s consent and finds evidence of criminal activity, this evidence is considered lawfully gathered and may be used in investigations or to press charges.
(b) When a member of the DoJ enters a property without the owner’s consent, but under one of the conditions specified in Section 9(1).b, they may not use any found evidence of criminal activity in further investigations. Such evidence is considered unlawfully gathered and may not be used in further proceedings. If evidence is found during this type of entry, the DoJ has the right to request a search warrant from a judicial officer.
(c) When a member of the DoJ finds evidence on a property for which a valid search warrant is in place, this evidence is considered lawfully gathered and may be used in further investigations.

(3) Conduct During Lawful Entry.
When a member of the DoJ enters a property without the owner's consent but under the conditions specified in Section 9(1).b, they may do the following:
(a) Enter any area inside the property.
(b) Open unlocked doors.
(c) Not open locked doors
(d) Not break blocks.

Section 10. Warrants
(1) Creation of a Search and Seizure warrant.
(a) Judicial Officers can grant the Department of Justice a search and seizure warrant.
(b) A search and seizure warrant will allow the Department of Justice to search a property, virtual chests, or ender chests and seize the contents within them if necessary.

(2) Judicial Officers may only grant the warrant if it meets the conditions set above or if the Department of Justice has provided proof that warrants probable cause.

(3) The Department of Justice is required to notify the property owner if their property is being seized or searched within 48 hours of execution of the warrant.

(4) All Warrants must be executed within 48 hours from being granted by a Judicial Officer.
(a) The warrant will be voided if not executed within 48 hours.
(b) Warrants will be valid for 72 hours after the time of execution.
(c) Judicial Officers may extend the timeframe for execution of a warrant upon request by the Department of Justice.

(5) After the execution of a search warrant, the DoJ must file a Return on request report to the courts documenting all seized items.
(a) The Judicial Branch shall be tasked with ensuring the DoJ files the report and how they are to file it.

Section 11. Self defense

(1) Any citizen may defend themselves with deadly force if an individual is actively threatening them.
(a) Define actively threatening as “Attacking an individual with a weapon, or verbally threatening to assault or murder someone.”
(b) Define attacking as “Assaulting an individual or attempting to murder.”
(c) Define weapon as "Any item used to afflict damage under the requirements for assault."
(d) Murdering someone in retribution is not an act of self defense.
(e) The citizen defending themselves must provide proof of the individual actively threatening them.
(2) Citizens may defend themselves with deadly force on their property or on another’s property if given permission by the property owner, provided the following conditions are met:
(a) A warning is issued to the trespasser.
(3) The Department of Justice has the final say in determination whether an attack warrants self defense or not in all matters outside of a court of law.

Section 12. Evasion

(1) If an individual commits Evading Arrest through means of warps to different dimensions or disconnecting as defined under Section 4. (3), they are to be jailed by means of commands.

Section 13. Asset Seizure

(1) The Department of Justice can request the courts for permission to seize assets of a specific player to pay off criminal fines or civil debt.
(a) When the request is granted the Department of Justice must follow this order of asset seizure to pay off any fines or debt:
On player balance
Bank balance
Vehicles
Properties
(2) Vehicles and Properties may be auctioned off by the government and the money shall be used for paying off fines or debt.


Authored by Ryan_88 Originally, Amendments by Spyrolix, on behalf of the Department of Justice.
 

veryreal_alex

Moderator
Staff member
Moderator
Minister of Public Affairs
Department of Internal Development
Department of Public Affairs
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veryreal_alex
veryreal_alex
Public Affairs Minister
In-game Name: veryreal_alex
Vote: Aye
Reason for Missing Vote: IRL obligations
 

Ryan_88

Department of State
Department of State
Lawyer
Donator
Ryan_88
Ryan_88
Auditor
This bill has recieved Prime Ministerial Assent and is hereby signed into law.
 
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