Posse Comitatus Act (665)

GA Resoltuion. 665-##

A resolution to separate the military functions from civil policing in peacetime.
PASSED 04 April 2024 with 12 Aye, 5 Nay, 2 Abstain.

IN THE GENERAL ASSEMBLY

07 JULY 0665

Mr. Bernard Gloke of Atlantica introduced the following bill;

A BILL

From and after the passage of this act it shall not be lawful to employ any part of the Kodiaker Army, as a posse comitatus, or otherwise, for the purpose of executing the laws, except in such cases and under such circumstances as such employment of said force may be expressly authorized by the Constitution or by General Assembly Resolution; and no money appropriated by this act shall be used to pay any of the expenses incurred in the employment of any troops in violation of this section and any person willfully violating the provisions of this section shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by fine not exceeding ten million florins or imprisonment not exceeding two years or by both such fine and imprisonment.

Be it enacted by the General Assembly of The Kodiak Republic by delegates assembled,

SEC. 1. SHORT TITLE.

1.1 - This Act may be cited as the Posse Comitatus Act.

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. 3. FINDINGS.

3.1 - The division between the State Military Forces and Law Enforcement lacks a codified seperation. This poses a challenge to the democratic process in that Military Activity is inherent within the Law Enforcement.

3.1.1 - The lack of Posse Comitatus places great danger on the public from Military overreach and collateral damage

3.1.2 - Past incidents have strained civil-law enforcement authority in the face of military authority

SEC. 4. BUDGETARY EFFECTS.

5.1 - The Ministry of Defense shall maintain a budgetary line of accounting for Military Supprt to Civil Law Enforcement set at a minimum of 750,000 florins.

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

6.1 - Use of Army, Navy, and Air Force Forces as posse comitatus:

6.1.1 - Whoever, except in cases and under circumstances expressly authorized by the Constitution or General Assembly Resolution, willfully uses any part of the Army, the Navy, the Marine Corps, the Air Force, or the Space Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both..

6.2 - Use of information collected during military operations:

6.2.1 - The Minister of Defense may, in accordance with other applicable law, provide to Federal, State, or local civilian law enforcement officials any information collected during the normal course of military training or operations that may be relevant to a violation of any Federal or State law within the jurisdiction of such officials.

6.2.2 - The needs of civilian law enforcement officials for information shall, to the maximum extent practicable, be taken into account in the planning and execution of military training or operations.

6.2.3 - The Minister of Defense shall ensure, to the extent consistent with national security, that intelligence information held by the Ministry of Defense and relevant to drug interdiction or other civilian law enforcement matters is provided promptly to appropriate civilian law enforcement officials authorized within Title I.

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.

6.5 - Support not to affect adversely military preparedness

6.5.1 - Support (including the provision of any equipment or facility or the assignment or detail of any personnel) may not be provided to any civilian law enforcement official under this chapter if the provision of such support will adversely affect the military preparedness of the Kodiak Republic. The Minister of Defense shall prescribe such regulations as may be necessary to ensure that the provision of any such support does not adversely affect the military preparedness of the Kodiak Republic.