National Justice Reform Package 675

An act to reform the justice system of Kodiak.
ACTIONED on 11 JANUARY 2025 with 15 Aye, 5 Nay, and 0 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 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 cause or attempt to cause the death of another human.

1.1.2 - Except as provided in section 1.1.3.2, 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 shall be classified as an A-class felony, manslaughter shall be classified as a B-class felony, and negligent homicide shall be classified as 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.

1.2.4 - Assault shall be classified as a misdemeanor, battery shall be classified as a D-class felony, and aggravated battery shall be classified as a B-class felony.

Section Three - False Imprisonment

1.3.1 - A person commits false imprisonment when they restrain the liberty of another without lawful cause.

1.3.2 - A person commits wrongful detainment when they commit false imprisonment with an unreasonable suspicion of a crime.

1.3.3 - A person commits kidnapping when they commit false imprisonment for the purpose of

1.3.3.1 - leverage; or

1.3.3.2 - facilitation of another crime.

1.3.4 - A person commits aggravated false imprisonment when they, acting under their powers as a law enforcement officer, commit false imprisonment for the purpose of

1.3.4.1 - harassment; or

1.3.4.2 - intimidation; or

1.3.4.3 - physical harm; or

1.3.4.4 - any other knowingly criminal act.

1.3.5 - False imprisonment shall be classified as an E-class felony, wrongful detainment shall be classified as a D-class felony, kidnapping shall be classified as a B-class felony, and aggravated false imprisonment shall be classified as a B-class felony.

Article Two - Offenses Against Property

Section One - Trespass

2.1.1 - A person criminally trespasses 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 a non-abandoned building or part of a building against the known wishes of the legal occupants; or

2.1.1.3 - enter or remain without permission 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 an additional crime.

2.1.3 - Criminal trespass shall be classified as a misdemeanor and burglary shall be classified as a 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.

Section Three - Fraud

2.3.1 - A person commits fraud when they, acting under a false premise, deprive another of their property or reasonably expected payment or service.

2.3.2 - A person commits aggravated fraud when they

2.3.2.1 - commit fraud in such a manner to that the deprivation of property, payment, or service is significant to the deprived entity's income; or

2.3.2.2 - commit fraud over the internet, through the mail, through the newspaper, or through any other manner designed to reach a large number of people.

2.3.3 - Fraud shall be classified as an E-class felony and aggravated fraud shall be classified as a C-class felony.

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 shall be classified as 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 shall be classified as an E-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 or explicitly invalidate, attempt to invalidate, or plan to invalidate the rule of law.

3.3.2 - Treason shall be classified as an A-class felony.

Section Four - Forgery

3.4.1 - A person commits forgery when they solicit, knowingly possess, or knowingly use a falsified document.

3.4.2 - A person commits counterfeit when they solicit, produce, sell, knowingly possess, or knowingly use a falsified currency.

3.4.3 - A person commits aggravated forgery when they

3.4.3.1 - commit forgery for the purpose of committing a felony; or

3.4.3.2 - commit forgery for the purpose of evading legal arrest; or

3.4.3.3 - sell or produce a falsified document.

3.4.4 - Forgery shall be classified as an E-class felony, counterfeit shall be classified as a C-class felony, and aggravated forgery shall be classified as a C-class felony.

Section Five - Espionage

3.5.1 - A person commits espionage when they release, attempt to release, or plan to release classified protected state information without legal cause.

3.5.2 - State information is only considered protected if it does not contain

3.5.2.1 - information or evidence implicating the state or state official(s) in a violation of constitutional rights; or

3.5.2.2 - information or evidence implicating the state or state official(s) in a massive subversion of transparency; or

3.5.2.3 - information or evidence implicating the state or state official(s) in a violation of the Modern Criminal Code, 675.

3.5.3 - Espionage is a C-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, whichever is lesser.

Article Five - Disclaimer

The Modern Criminal Code is not intended to serve as an exhaustive list of all crimes in Kodiak. The absence of a specific crime from the Code does not necessarily indicate its legalization.

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

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.

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 investigations under Article Two, Section Three of the Modern Criminal Code and investigations under Article Three of the same act.

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. 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. 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 non-weaponized 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.

Tabled by Coleman Ryle, MGA