National Justice Reform Package, 669

An act to reform the justice system of Kodiak.
ACTIONED on DAY MONTH YEAR with ## Aye, ## Nay, and ## Abstaining.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE MOST SERENE REPUBLIC OF KODIAK:

RECOGNIZING that most of Kodiak’s justice legislation is antiquated;

ACKNOWLEDGING that no effective reform has been made since the Great Integrium;

BELIEVING that Kodiak must make a greater effort to ensure the effectiveness of our law enforcement while still respecting personal liberties;

HEREBY SHALL;

REPEAL the KODIAK FELONY ACT, 637;
ENACT the MODERN CRIMINAL CODE, 669, as below;
AMEND the CONTROLLED SUBSTANCES ACT, INTER, as below;
AMEND the FIREARM REGISTRATION ACT, INTER, as below;
REPEAL the SAFE ACT, 644;
AMEND the POLICING ACT, 645, as below;
AMEND the KODIAK UNIVERSAL RIGHTS ACT, 650, as below;
AMEND the CRIME REDUCTION ACT, 663, as below;
AMEND the POSSE COMITATUS ACT, 665, as below.

Modern Criminal Code, 669

An act to better define and modernize the Republic’s criminal code.

Article One - Offenses Against the Person

Section One - Homicide

1.1.1 - A person commits homicide when they unlawfully cause or attempt to cause the death of another human.

1.1.2 - Except as provided in section 1.3.2, a person commits murder when they commit homicide

1.1.2.1 - purposely; or

1.1.2.2 - extremely indifferently to the value of human life.

1.1.3 - A person commits manslaughter when they commit homicide

1.1.3.1 - recklessly; or

1.1.3.2 - under the influence of extreme emotional disturbance.

1.1.4 - A person commits negligent homicide when they commit homicide by way of negligence.

1.1.5 - Murder is an A-class felony, manslaughter is a B-class felony, and negligent homicide is a C-class felony.

Section Two - Assault

1.2.1 - A person commits assault when they cause, attempt to cause, or create reasonable fear of physical harm to another.

1.2.2 - A person commits battery when an assault is committed

1.2.2.1 - purposely; or

1.2.2.2 - recklessly.

1.2.3 - A person commits aggravated battery when an assault is committed

1.2.3.1 - that results in serious bodily harm; or

1.2.3.2 - with a deadly weapon; or

1.2.4 - Battery is an E-class felony, and aggravated battery is a B-class felony.

Article Two - Offenses Against Property

Section One - Trespass

2.1.1 - A person criminally tresspasses when they

2.1.1.1 - Enter or remain in a non-abandoned building or part of a building where a reasonable person would not enter; or

2.1.1.2 - Enter or remain in an outdoor area which is occupied by its owner or fenced off and adjacent to a building.

2.1.2 - A person commits burglary when they criminally trespass with the intent to commit another crime.

2.1.3 - Criminal trespass is a misdemeanor, and burglary is an D-class felony

Section Two - Theft

2.2.1 - A person commits theft when they

2.2.1.1 - intentionally deprive a person of their property; or

2.2.1.2 - intentionally deprive a person of their reasonably expected payment or service.

2.2.2 - Theft is a C-class felony, except in cases where the value of stolen items is insignificant to the deprived person’s annual income, in which case it is a misdemeanor.

Artile Three - Offenses Against the State

Section One - Bribery

3.1.1 - A person commits bribery when they offer, agree to offer, solicit, accept, or agree to accept any benefit as consideration for the recipient's decision, vote, recommendation or other exercise of official discretion.

3.1.2 - Bribery is a C-class felony.

Section Two - Perjury

3.2.1 - A person commits perjury when, under oath of affirmation, they knowingly make a false statement.

3.2.2 - Perjury is a D-class felony

Section Three - Treason

3.3.1 - A person commits treason when they aid, attempt to aid, or plan to aid the enemies of the state.

3.3.2 - Treason is an A-class felony.

Article Four - Felony Classifications

4.1 - An A-class felony is punishable by 20-100 years in prison.

4.2 - A B-class felony is punishable by 10-30 years in prison.

4.3 - A C-class felony is punishable by 5-15 years in prison.

4.4 - A D-class felony is punishable by 2-7 years in prison.

4.5 - An E-class felony is punishable by 1-3 years in prison.

4.6 - A misdemeanor is punishable by at most 1 year in prison.

4.7 - Parole is available in all cases after

4.7.1 - half of the sentence has been served; or

4.7.2 - 15 years of the sentence has been served.

Amendment to The Controlled Substances Act, Inter

Original Text

Article 1 - Alcohol

1.1 - Alcohol is prohibited for purchase or consumption by any individual before the attained age of 18 years.

1.2 - The sale or provision of Alcohol to a prohibited person shall be categorised a class E felony.

1.3 - The repeated sale or provision of Alcohol to a prohibited person shall be categorised a Class D felony.

Article 2 - Schedule A Narcotics

2.1 - Drugs to be listed as Schedule A Narcotics:

2.1.1 - Heroin

2.1.2 - Cocaine

2.1.3 - Methamphetamine

2.1.4 - Methylenedioxymethamphetamine (aka ecstasy)

2.2 - All schedule A narcotics are prohibited from sale, possession, manufacture, and consumption.

2.3 - The sale, possession, or manufacture of Schedule A narcotics shall be categorised as a Class D Felony.

2.4 - The repeated sale, possession, or manufacture of a Schedule A narcotic shall be categorised as a Class B Felony.

2.5 - The consumption of a Schedule A narcotic shall be categorised as a Class A Misdemeanour.

Article 3 - Schedule B Narcotics

3.1 - Drugs to be listed as Schedule B Narcotics:

3.1.1 - Lysergic Acid Diethylamide

3.1.2 - Psilocybin

3.2 - Schedule B to be defined as controlled substances under vise of pharmaceutical practice.

3.3 - Drugs defined in Schedule B may be prescribed by health care professionals.

Article 4 - Schedule D Drugs

4.1 - Schedule D is defined as drugs or substances that can act as a stimulant, depressant, or sedative.

4.2 - Schedule D Drugs must be prescribed by a licensed medical professional to be legally sold to the individual.

4.3 - Legalization of the manufacturing and sale of Schedule D drugs to be limited to licensed facilities within the region.

4.4 - The following to be labeled as Schedule D Drugs:

4.4.1 - Tetrahydrocannabinol (THC)

4.4.1.1 - Defined as the chemical substance named Delta-9-tetrahydrocannabinol or C[21]H[30]O[2].

Article 5 - Schedule E Drug

5.1 - Schedule E is defined as drugs or substances that can act as either a stimulant or depressant.

5.2 - Legalization of the sale, manufacture, and consumption of Schedule E drugs to people 18 and above.

5.3 - The following will be labeled as Schedule E Drugs.

5.3.1 - Nicotine

5.3.1.1 - Defined as the chemical substance named 3-(1-Methyl-2-pyrrolidynyl) pyridine or C[10]H[14]N[2], including any salt or complex of nicotine.

5.3.1.2 Levels of nicotine per tobacco product to be constrained to:

5.3.1.2.1 - Cigarettes, to not exceed 1.8 milligrams (mg) per cigarette.

5.3.1.2.2 - Cigars, to not exceed 15mg per cigar.

5.3.1.2.3 - Mini-cigars, to not exceed 3.8mg per mini-cigar.

5.3.1.2.4 - Chewing/Dipping can, to not exceed 88mg per can of chew/dip.

5.3.1.2.5 - Loose leaf pouch, to not exceed 144mg per pouch.

5.3.1.2.6 - E-liquid, to not exceed 18mg per 1 milliliter of e-liquid.

5.3.2 - Cannabidiol (CBD)

5.3.2.1 - Defined as the chemical substance named C[21]H[30]O[2].

Article 6 - Drug Enforcement Task-Force

6.1 - The National Kodiak Police shall execute the enforcement of the Act through a dedicated anti-drug task force direct reporting to the Commissioner.

Amended Text

Article 1 - Schedule A Narcotics

1.1 - Drugs to be listed as Schedule A Narcotics:

1.1.1 - Heroin

1.1.2 - Cocaine

1.1.3 - Methamphetamine

1.1.4 - Methylenedioxymethamphetamine (aka ecstasy)

1.2 - All schedule A narcotics are prohibited from sale, import, manufacture, and export.

1.3 - The sale, import, manufacture, or export of Schedule A narcotics shall be categorised as a Class C Felony.

1.4 - The repeated sale, import, manufacture, or export of a Schedule A narcotic shall be categorised as a Class D Felony.

Article 2 - Schedule B Narcotics

2.1 - Drugs to be listed as Schedule B Narcotics:

2.1.1 - Lysergic Acid Diethylamide

2.2 - Schedule B to be defined as controlled substances under vise of pharmaceutical practice.

2.3 - Drugs defined in Schedule B may be prescribed by health care professionals.

2.4 - All schedule B narcotics are prohibited from sale, import, manufacture, and export unless made for exclusively medical purposes and sold only to healthcare practitioners.

2.5 - Legalization of the manufacturing and sale of Schedule D drugs to be limited to licensed facilities within the region.

2.6 - The illegal sale, import, manufacture, or export of Schedule B narcotics shall be categorised as a Class D Felony.

2.7 - The repeated illegal sale, import, manufacture, or export of a Schedule B narcotic shall be categorised as a Class C Felony.

Article 3 - Schedule D Drugs

3.1 - Schedule D is defined as drugs or substances that can act as a stimulant, depressant, or sedative.

3.2 - Schedule D Drugs must be prescribed by a licensed medical professional to be legally sold to the individual.

3.3 - Legalization of the manufacturing and sale of Schedule D drugs to be limited to licensed facilities within the region.

3.4 - The following to be labeled as Schedule D Drugs:

3.4.1 - Tetrahydrocannabinol (THC)

3.4.1.1 - Defined as the chemical substance named Delta-9-tetrahydrocannabinol or C[21]H[30]O[2].

3.4.2 - Psilocybin

3.5 - The illegal sale, import, manufacture, or export of Schedule D narcotics shall be categorised as a Class E Felony.

3.6 - The repeated illegal sale, import, manufacture, or export of a Schedule D narcotic shall be categorised as a Class D Felony.

Article 4 - Schedule E Drug

4.1 - Schedule E is defined as drugs or substances that can act as either a stimulant or depressant.

4.2 - Legalization of the sale, manufacture, and consumption of Schedule E drugs to people 18 and above.

4.3 - The following will be labeled as Schedule E Drugs.

4.3.1 - Nicotine

4.3.1.1 - Defined as the chemical substance named 3-(1-Methyl-2-pyrrolidynyl) pyridine or C[10]H[14]N[2], including any salt or complex of nicotine.

4.3.1.2 Levels of nicotine per tobacco product to be constrained to:

4.3.1.2.1 - Cigarettes, to not exceed 1.8 milligrams (mg) per cigarette.

4.3.1.2.2 - Cigars, to not exceed 15mg per cigar.

4.3.1.2.3 - Mini-cigars, to not exceed 3.8mg per mini-cigar.

4.3.1.2.4 - Chewing/Dipping can, to not exceed 88mg per can of chew/dip.

4.3.1.2.5 - Loose leaf pouch, to not exceed 144mg per pouch.

4.3.1.2.6 - E-liquid, to not exceed 18mg per 1 milliliter of e-liquid.

4.3.2 - Cannabidiol (CBD)

4.3.2.1 - Defined as the chemical substance named C[21]H[30]O[2].

4.3.3 - Alcohol

4.4 - The illegal sale, import, manufacture, or export of Schedule D narcotics shall be categorised as a misdemeanor.

4.5 - The repeated illegal sale, import, manufacture, or export of a Schedule D narcotic shall be categorised as a Class E Felony.

Amendment to The Firearm Regulation Act, Inter

Original Text

Article 2: Ownership license

2.1 – All firearms owners are required by law to obtain a “Firearms Owners License” that states the owners name, picture, licence number and the activities permitted by the license (collector, agricultural, competition, etc.). A License is valid for 3 years.

2.2 – A Firearm owner is not permitted to possess any firearm without a valid license. Any owner found in possession of a firearm is required to be able to produce a Firearm license for verification upon request by authorities.

2.3 - Possession of a firearm without a valid license is a criminal offense.

2.4 – The cost of obtaining a firearms licence is to set at ₣50 per owner.

Amended Text

Article 2: Ownership license

2.1 - All firearms owners are required by law to obtain a “Firearms Owners License” that displays the owners name, picture, and licence number. A License is valid for 5 years.

2.2 - A Firearm owner is not permitted to possess any firearm without a valid license. Any owner found in possession of a firearm is required to be able to produce a Firearm license for verification upon request by authorities.

2.3 - Possession of a firearm without a valid license is a D-class felony.

2.4 - Possession of a C or B class firearm is a C-class felony.

2.5 - Possession of an A class firearm is a B-class felony.

2.5 - The cost of obtaining a firearms licence is to set at ₣30 per owner.

Amendment to The Policing Act, 645

Original Text

Article 1 - The National Kodiak Police

1.5 - Creates the Drug Enforcement Task Force

1.5.1 - Empowers the DETF with exclusive jurisdiction concerning the Controlled Substance Act

1.5.2 - Grants quarterly budget of ₣50M.

Article 2 - The State Bureau of Investigations

2.1 - Reforms the Kodiak Intelligence Agency into the State Bureau of Investigations (SBI).

2.2 - Empowers the SBI to monitor, disrupt, and investigate syndicates of organised crime, internal terrorist threats, and incidents of foreign interference inside the Kodiaker Republic.

2.3 - Empowers the SBI with exclusive jurisdiction concerning Title 1, The Kodiak Felony Act, Article 6.

2.4 - Empowers the SBI with exclusive jurisdiction concerning Title 1, The Kodiak Felony Act, Article 7.

2.5 - The SBI shall be quarterly funded with ₣450,000,000 for baseline operations.

2.5.1 - Grants additional ₣750,000,000 quarterly for State Crimes Investigations

2.5.2 - Grants additional ₣15,000,000 quarterly for Unaccounted Wealth Investigations

Amended Text

Article 1 - The Kodiak National Police

1.5 - Creates the Drug Enforcement Task Force

1.5.1 - Empowers the DETF with jurisdiction concerning the Controlled Substance Act

1.5.2 - Grants quarterly budget of ₣122M

Article 2 - The State Bureau of Investigations

2.1 - Reforms the Kodiak Intelligence Agency into the State Bureau of Investigations (SBI).

2.2 - Empowers the SBI to monitor, disrupt, and investigate syndicates of organised crime, internal terrorist threats, and incidents of foreign interference inside the Kodiaker Republic.

2.3 - Empowers the SBI with jurisdiction concerning organized crime.

2.4 - Empowers the SBI with jurisdiction concerning the Modern Criminal Code, Article 3.

2.5 - The SBI shall be quarterly funded with ₣450,000,000 for baseline operations.

2.5.1 - Grants additional ₣750,000,000 quarterly for Article 3 Investigations

Amendment to the Kodiak Universal Rights, 650

Original Text

Article 3 - Right to Life

3.1 - Everyone’s Right to life shall be protected under the law. No one shall be deprived of their life.

3.2 - The death penalty shall be abolished. No one shall be condemned to such penalty or to execution by any person, body or organisation.

3.3 - Deprivation of life shall not be regarded in contravention with this Article when it results from force which is no more than absolutely necessary:

3.3.1 - In a lawful attempt to arrest or prevent the escape of a person lawfully detained;

3.3.2 - In defence of any person from unlawful violence;

3.3.3 - In lawful action taken to quell a riot or insurrection.

3.4 - Deprivation of life shall not be regarded in contravention with this article when it results from lawful withdrawal of care by medical professionals.

Amended Text

Article 3 - Right to Life

3.1 - Everyone’s Right to life shall be protected under the law. No one shall be deprived of their life.

3.2 - The death penalty shall be abolished. No one shall be condemned to such penalty or to execution by any person, body or organisation.

3.3 - Deprivation of life shall not be regarded in contravention with this Article when it results from force which is no more than absolutely necessary:

3.3.1 - In defence of any person from unlawful violence;

3.3.2 - In lawful action taken to quell a insurrection.

3.4 - Deprivation of life shall not be regarded in contravention with this article when it results from lawful withdrawal of care by medical professionals.

Amendment to The Crime Reduction Act, 663

Original Text

Article 3: Rubber Bullet Riot Control

3.1 - This article introduces a use of Rubber bullets to control riots or out of control protests.

3.1.1 - The rubber bullets will be minimally used by the police during specific riots that they are needed.

3.1.2 - The Rubber bullets will be within the Armed Police Division and its allocated budget.

Amended Text

The Article has been struck.

Amendment to the Posse Comitatus Act, 665

Original Text

SEC. 2. DEFINITIONS.

2.1 - Posse comitatus - group of people mobilized by the conservator of peace

2.2 - Civil Law Enforcement - refering to all Law Enforcement under the Ministry of Law and its agencies to include -

2.2.1 - The State Beauru of Investigations

2.2.2 - The National Kodiak Police

2.2.3 - The Counter Terrorism Service

2.2.4 - The Republican Terrorism Screening Center

SEC. 5. CREATION OF TITLE VI, Section 9 "Military Support to Civil Law Enforcement.

6.3 - Use of military equipment and facilities:

6.3.1 - The Minister of Defense may, in accordance with other applicable law, make available any equipment (including associated supplies or spare parts), base facility, or research facility of the Ministry of Defense to any Federal, State, or local civilian law enforcement official for law enforcement purposes.

6.4 - The Minister of Defense may, in accordance with other applicable law, make Ministry of Defense personnel available—

6.4.1 - to train Federal, State, and local civilian law enforcement officials in the operation and maintenance of equipment

6.4.2 - to provide such law enforcement officials with expert advice relevant to the purposes of this chapter.

Amended Text

SEC. 2. DEFINITIONS.

2.1 - Posse comitatus - group of people mobilized by the conservator of peace

2.2 - Civil Law Enforcement - refering to all Law Enforcement under the Ministry of Law and its agencies to include -

2.2.1 - The State Beauru of Investigations

2.2.2 - The National Kodiak Police

SEC. 5. CREATION OF TITLE VI, Section 9 "Military Support to Civil Law Enforcement.

6.3 - Use of military facilities:

6.3.1 - The Minister of Defense may, in accordance with other applicable law, make available any base facility or research facility of the Ministry of Defense to any Federal, State, or local civilian law enforcement official for law enforcement purposes.

Section 6.4 has been struck.

Tabled by Coleman Ryle, MGA, SHRIMP