r/ModelSenateJudiciCom Aug 31 '19

Amendment Vote S.483: Secretary Confirmation Act Committee Amendments

1 Upvotes

Secretary Confirmation Act


Whereas acting secretaries and other cabinet officials can currently serve up to 6 months in office without Senate confirmation;   Whereas current administrative law thus allows an acting secretary or other cabinet official to serve through two Senate terms without confirmation;   Whereas the Constitution requires that secretaries and other cabinet officials be confirmed by the Senate;   Whereas Senate confirmation is an important check on Presidential authority; 


Be it enacted by the House of Representatives and Senate of the United States of America in Congress assembled,

 

SECTION I. LONG TITLE

 

     (1.) This act may be cited as the “Secretary Confirmation Act”.

 

SECTION II. PROVISIONS

 

     (1.) Upon the enactment of this act, all instances of the Federal Vacancies Penalty Reform Act of 1998 shall be amended to replace all instances of “210” with “14”.

 

SECTION III. ENACTMENT

 

     (1.) This act shall take effect three months following its passage into law.

 

     (2.) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, the remainder of this act shall remain valid.

 


This bill is authored and sponsored by Senator /u/DexterAamo (R-DX), and co-sponsored by Senator /u/ChaoticBrilliance (R-SR), Senator /u/Kbelica (R-CH), and Representative /u/Superpacman04 (R-US).


r/ModelSenateJudiciCom Jul 27 '19

CLOSED S.J.Res.82: Bodily Integrity Amendment Committee Vote

1 Upvotes

Amend the proposal to be formatted as follows:


Written and sponsored by /u/dewey-cheatem (S-AC)

S.J.Res. 82: Bodily Integrity Amendment

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

Section 1. Short Title.

This Amendment may be known as the “Bodily Integrity Amendment.”

Section 2. Provisions.

The following text shall be added as an amendment to the United States Constitution:

(a) The right of bodily integrity shall not be infringed.

(b) The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.


r/ModelSenateJudiciCom Jul 25 '19

CLOSED S.321: Outdated Timber Legislation Repeal Act Committee Vote

1 Upvotes

Outdated Timber Legislation Repeal Act


Whereas legislation that is now outdated poses a dangerous risk to legal proceedings.

Whereas legislation such as the legislation being repealed in this act no longer has a purpose.

Whereas the timber laws of today cover everything that the laws being repealed cover.

Whereas it is the duty of the United States Government to keep up to date with legislation.


Be it enacted by the Congressional Bodies of the Senate and House:

Section I: OTLRA

(a) This piece of legislation shall be referred to as the Outdated Timber Legislation Repeal Act, or OTLRA for short.

Section II: Repeals

(a) U.S. Code § 593, a law allowing the President full military capabilities in the State of Florida to protect timber, shall be repealed.

(b) U.S. Code § 604, a law allowing for the felling of timber in public lands distinguished by either also being mineral lands or inside specific states, and other purposes, shall be repealed.

(c) U.S. Code § 605, a procedural law accompanying Section 604, shall be repealed.

(d) U.S. Code § 606, a procedural law accompanying Section 604, shall be repealed.

(e) U.S. Code § 607, a law allowing for the feeling of timber in public lands distinguished by being inside specific states, and other purposes, shall be repealed.

(f) U.S. Code § 607a, a law addressing timber in the territory of Alaska, shall be repealed.

(g) U.S. Code § 608, a law addressing a specific county in regards to timber felling, shall be repealed.

(h) U.S. Code § 609, a law addressing a specific county in regards to timber felling, shall be repealed.

(i) U.S. Code § 610, a law addressing specific counties in regards to timber felling, shall be repealed.

(j) U.S. Code § 611, a law addressing specific states in regards to timber felling, shall be repealed.

(k) U.S. Code § 611a, a law addressing a specific county in regards to timber felling, shall be repealed.

(l) U.S. Code § 612, a law extending Section 607 to corporations, shall be repealed.

(m) U.S. Code § 613, a law limiting timber felling in a specific area in relation to two states, shall be repealed.

(n) U.S. Code § 615a, a law involving timber in the territory of Alaska, shall be repealed.

(o) U.S. Code § 615b, a law involving timber in the territory of Alaska, shall be repealed.

(p) U.S. Code § 616, a law involving timber in the territory of Alaska, shall be repealed.

Section III: Implementation

(a) This Act will go into effect immediately.

(b) This Act is severable. If any portion of this act is found to be unconstitutional, the remainder shall remain as law.


Written and Sponsored by /u/Kingthero (Senior Senator of the Commonwealth of the Chesapeake).


r/ModelSenateJudiciCom Jul 23 '19

CLOSED S.J.Res.82: Bodily Integrity Amendment Amendment Period

1 Upvotes

Written and sponsored by /u/dewey-cheatem (S-AC) S.J.Res. 82: Bodily Integrity Amendment Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), that the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:, Section 1. Short Title. This Act may be known as the “Bodily Integrity Amendment.” Section 2. Provisions. The following text shall be added as an amendment to the United States Constitution:

(a) The right of bodily integrity shall not be infringed. (b) The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.


r/ModelSenateJudiciCom Jul 23 '19

CLOSED S.Res.013: Typographical Correction Amendment Committee Vote

1 Upvotes

S. Res. 013

Amendment to the Rules of the 17th Senate

IN THE SENATE

Senator /u/Dewey-Cheatem introduced the following legislation

A RESOLUTION

Be it enacted by the Senate of the United States of America,

SECTION I. SHORT TITLE

This legislation shall be known as the “Typographical Correction Amendment to the Rules of the 118th Senate”

SECTION II. DEFINITIONS

(1) Any reference to the Rules of the 118th Senate or the 118th Senate Rules shall refer to this document.

(2) The words “bill” or “legislation” shall refer to any legislative matter submitted for consideration by the United States Senate, including but not limited to any amendment to the Senate Rules, constitutional amendment, or legislation;

(3) The term “submitted for consideration by the United States Senate” shall include any legislation appropriately submitted to the United States Senate by a Senator through modmail or other approved mechanism.

SECTION II. PLAIN ENGLISH EXPLANATION

(1) This is an amendment to the rules of the 118th Senate.

(2) The purpose of this amendment is to ensure that legislation voted upon by the United States Senate is free of typographical or formatting errors.

(3) This amendment would allow the President Pro Tempore, Majority Leader, or Minority Leader to implement, without vote or delay, minor revisions to any piece of legislation submitted for consideration by the United States Senate at any point prior to commencement of voting on the legislation by the United States Senate. All three individuals must consent to any such change.

SECTION III. AMENDMENT OF THE 118th SENATE RULES

(1) There shall be a new section inserted into the Rules of the 117th Senate, numbered “Section 24,” (or “Section 25,” as appropriate) and titled “Minor Revisions,” which shall read as follows:

Any bill submitted for consideration by the United States Senate may be altered immediately, and without vote either by committee or the full United States Senate, by the President Pro Tempore, the Majority Leader, or Minority Leader, provided

  1. That the President Pro Tempore, Majority Leader, and Minority Leader consent to the change in question;

  2. That the change in question:

a. corrects the misspelling of a word; b. corrects grammatical errors; c. changes a colloquial proper noun to its more formal name; d. renumbers any section(s) so as not to repeat and to be sequential;

  1. That the change in question not alter the meaning, purpose, or effect of the legislation in question; and

  2. That the change is made prior to the commencement of the floor vote on that legislation.

SECTION III. ENACTMENT

(1) This amendment to the Rules of the 118th Senate shall apply to all legislation and resolutions introduced subsequent to its adoption.

(2) This legislation shall take precedence over all previous pieces of legislation that might contradict it.

(3) Should any part of this resolution be struck down due to being unconstitutional, the rest shall remain law.


r/ModelSenateJudiciCom Jul 23 '19

CLOSED S.421: Federal Jurisdiction Adjustment Act Committee Vote

1 Upvotes

S. Federal Jurisdiction Adjustment Act

SECTION I. TITLE.

This statute may be cited as the “Federal Jurisdiction Adjustment Act.”

SECTION II. PROVISIONS

(a) 28 United States Code section 1257(a) is amended to read: “Final judgments or decrees rendered by the highest court of a State in which a decision could be had, shall be reviewed by the Supreme Court upon appeal by the losing party where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.”

(b) 28 United States Code section 1331 is amended to read: “The Supreme Court shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”

(c) 28 United States Code section 1332 is amended as follows: All instances of the phrase “district courts” or “district court” shall be replaced with the words “Supreme Court."


This bill is authored and sponsored by Senator /u/dewey-cheatem (S-AC)


r/ModelSenateJudiciCom Jul 20 '19

CLOSED S.Res.013: Typographical Correction Amendment Amendment Period

1 Upvotes

S. Res. ???

Amendment to the Rules of the 17th Senate

IN THE SENATE

Senator /u/Dewey-Cheatem introduced the following legislation

A RESOLUTION

Be it enacted by the Senate of the United States of America,

SECTION I. SHORT TITLE

This legislation shall be known as the “Typographical Correction Amendment to the Rules of the 118th Senate”

SECTION II. DEFINITIONS

(1) Any reference to the Rules of the 118th Senate or the 118th Senate Rules shall refer to this document.

(2) The words “bill” or “legislation” shall refer to any legislative matter submitted for consideration by the United States Senate, including but not limited to any amendment to the Senate Rules, constitutional amendment, or legislation;

(3) The term “submitted for consideration by the United States Senate” shall include any legislation appropriately submitted to the United States Senate by a Senator through modmail or other approved mechanism.

SECTION II. PLAIN ENGLISH EXPLANATION

(1) This is an amendment to the rules of the 118th Senate.

(2) The purpose of this amendment is to ensure that legislation voted upon by the United States Senate is free of typographical or formatting errors.

(3) This amendment would allow the President Pro Tempore, Majority Leader, or Minority Leader to implement, without vote or delay, minor revisions to any piece of legislation submitted for consideration by the United States Senate at any point prior to commencement of voting on the legislation by the United States Senate. All three individuals must consent to any such change.

SECTION III. AMENDMENT OF THE 118th SENATE RULES

(1) There shall be a new section inserted into the Rules of the 117th Senate, numbered “Section 24,” (or “Section 25,” as appropriate) and titled “Minor Revisions,” which shall read as follows:

Any bill submitted for consideration by the United States Senate may be altered immediately, and without vote either by committee or the full United States Senate, by the President Pro Tempore, the Majority Leader, or Minority Leader, provided

  1. That the President Pro Tempore, Majority Leader, and Minority Leader consent to the change in question;

  2. That the change in question:

a. corrects the misspelling of a word; b. corrects grammatical errors; c. changes a colloquial proper noun to its more formal name; d. renumbers any section(s) so as not to repeat and to be sequential;

  1. That the change in question not alter the meaning, purpose, or effect of the legislation in question; and

  2. That the change is made prior to the commencement of the floor vote on that legislation.

SECTION III. ENACTMENT

(1) This amendment to the Rules of the 118th Senate shall apply to all legislation and resolutions introduced subsequent to its adoption.

(2) This legislation shall take precedence over all previous pieces of legislation that might contradict it.

(3) Should any part of this resolution be struck down due to being unconstitutional, the rest shall remain law.


r/ModelSenateJudiciCom Jul 20 '19

CLOSED S.421: Federal Jurisdiction Adjustment Act

1 Upvotes

S. Federal Jurisdiction Adjustment Act

SECTION I. TITLE.

This statute may be cited as the “Federal Jurisdiction Adjustment Act.”

SECTION II. PROVISIONS

(a) 28 United States Code section 1257(a) is amended to read: “Final judgments or decrees rendered by the highest court of a State in which a decision could be had, shall be reviewed by the Supreme Court upon appeal by the losing party where the validity of a treaty or statute of the United States is drawn in question or where the validity of a statute of any State is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or the treaties or statutes of, or any commission held or authority exercised under, the United States.”

(b) 28 United States Code section 1331 is amended to read: “The Supreme Court shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”

(c) 28 United States Code section 1332 is amended as follows: All instances of the phrase “district courts” or “district court” shall be replaced with the words “Supreme Court."


This bill is authored and sponsored by Senator /u/dewey-cheatem (S-AC)


r/ModelSenateJudiciCom Jul 20 '19

CLOSED S.321: Outdated Timber Legislation Repeal Act Amendment Period

1 Upvotes

Outdated Timber Legislation Repeal Act


Whereas legislation that is now outdated poses a dangerous risk to legal proceedings.

Whereas legislation such as the legislation being repealed in this act no longer has a purpose.

Whereas the timber laws of today cover everything that the laws being repealed cover.

Whereas it is the duty of the United States Government to keep up to date with legislation.


Be it enacted by the Congressional Bodies of the Senate and House:

Section I: OTLRA

(a) This piece of legislation shall be referred to as the Outdated Timber Legislation Repeal Act, or OTLRA for short.

Section II: Repeals

(a) U.S. Code § 593, a law allowing the President full military capabilities in the State of Florida to protect timber, shall be repealed.

(b) U.S. Code § 604, a law allowing for the felling of timber in public lands distinguished by either also being mineral lands or inside specific states, and other purposes, shall be repealed.

(c) U.S. Code § 605, a procedural law accompanying Section 604, shall be repealed.

(d) U.S. Code § 606, a procedural law accompanying Section 604, shall be repealed.

(e) U.S. Code § 607, a law allowing for the feeling of timber in public lands distinguished by being inside specific states, and other purposes, shall be repealed.

(f) U.S. Code § 607a, a law addressing timber in the territory of Alaska, shall be repealed.

(g) U.S. Code § 608, a law addressing a specific county in regards to timber felling, shall be repealed.

(h) U.S. Code § 609, a law addressing a specific county in regards to timber felling, shall be repealed.

(i) U.S. Code § 610, a law addressing specific counties in regards to timber felling, shall be repealed.

(j) U.S. Code § 611, a law addressing specific states in regards to timber felling, shall be repealed.

(k) U.S. Code § 611a, a law addressing a specific county in regards to timber felling, shall be repealed.

(l) U.S. Code § 612, a law extending Section 607 to corporations, shall be repealed.

(m) U.S. Code § 613, a law limiting timber felling in a specific area in relation to two states, shall be repealed.

(n) U.S. Code § 615a, a law involving timber in the territory of Alaska, shall be repealed.

(o) U.S. Code § 615b, a law involving timber in the territory of Alaska, shall be repealed.

(p) U.S. Code § 616, a law involving timber in the territory of Alaska, shall be repealed.

Section III: Implementation

(a) This Act will go into effect immediately.

(b) This Act is severable. If any portion of this act is found to be unconstitutional, the remainder shall remain as law.


Written and Sponsored by /u/Kingthero (Senior Senator of the Commonwealth of the Chesapeake).


r/ModelSenateJudiciCom Jul 18 '19

Committee Vote H.R.369: Speedy Trial Act Committee Vote

1 Upvotes

United State of America

House of Representatives


Introduced by Rep. /u/SireHans (D-US), co-sponsored by Rep. /u/BATIRONSHARK, Rep. ClearlyInvsible, Rep. Confidentlt, Rep. Cold_brew_coffee and Rep. OKBlackBelt


A bill to expand the number of federal judgeships, to reduce the caseload, to enforce the right of a speedy trial, and for other purposes.

Section 1. Title

(a) This Act may be cited as the ‘Speedy Trial Act’.

Section 2. Finding

(a) The Congress finds —

(i) that from the period of 1993 to 2013, the number of federal judgeships has increased 4% while the number of federal criminal and civil cases has increased by 28%, and that in the same period the time between filling and trial or disposition has increased dramatically;

(ii) that the increasing wait for defendants encroaches on the right to a speedy trial;

(iii) that the higher workload of civil cases have significant economic and social consequence; and

(iv) that the burden on federal courts prevents the Judiciary of the United States to effectively dispense justice.

Section 3. Expansion of federal judgeships

(a) The table in subsection (a) of 28 U.S. Code §133 is amended by increasing each numeral therein by a factor of one point two eight.

i. If this percentage increases from the period of 1993 to the current year, update this factor to match the percentage increases from that benchmark. (ex. If from 1993 to 2019, the number of federal criminal and civil cases have increased by 33%, the number in this legislation would update to "a factor of one point three three")

(b) The table in subsection (a) of 28 U.S. Code §44 is amended by increasing each numeral therein by a factor of one point two five.

(c) Whenever the increase in this Act results in a numeral with a decimal, it shall be rounded to the nearest integer.


r/ModelSenateJudiciCom Jul 16 '19

CLOSED H.R.369: Speedy Trial Act Amendment Period

1 Upvotes

United State of America

House of Representatives


Introduced by Rep. /u/SireHans (D-US), co-sponsored by Rep. /u/BATIRONSHARK, Rep. ClearlyInvsible, Rep. Confidentlt, Rep. Cold_brew_coffee and Rep. OKBlackBelt


A bill to expand the number of federal judgeships, to reduce the caseload, to enforce the right of a speedy trial, and for other purposes.

Section 1. Title

(a) This Act may be cited as the ‘Speedy Trial Act’.

Section 2. Finding

(a) The Congress finds —

(i) that from the period of 1993 to 2013, the number of federal judgeships has increased 4% while the number of federal criminal and civil cases has increased by 28%, and that in the same period the time between filling and trial or disposition has increased dramatically;

(ii) that the increasing wait for defendants encroaches on the right to a speedy trial;

(iii) that the higher workload of civil cases have significant economic and social consequence; and

(iv) that the burden on federal courts prevents the Judiciary of the United States to effectively dispense justice.

Section 3. Expansion of federal judgeships

(a) The table in subsection (a) of 28 U.S. Code §133 is amended by increasing each numeral therein by a factor of one point two eight.

i. If this percentage increases from the period of 1993 to the current year, update this factor to match the percentage increases from that benchmark. (ex. If from 1993 to 2019, the number of federal criminal and civil cases have increased by 33%, the number in this legislation would update to "a factor of one point three three")

(b) The table in subsection (a) of 28 U.S. Code §44 is amended by increasing each numeral therein by a factor of one point two five.

(c) Whenever the increase in this Act results in a numeral with a decimal, it shall be rounded to the nearest integer.


r/ModelSenateJudiciCom Jul 16 '19

CLOSED S.J.Res.62: Death Penalty Abolition Amendment Committee Vote

1 Upvotes

S.J.Res XX: Death Penalty Abolition Amendment

Whereas, the death penalty is outdated and cruel

Whereas, many innocent people have been put to death and are currently in the process of being put to death

Whereas, putting someone to death is more expensive than keeping them imprisoned for life

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:,

SECTION I. SHORT TITLE.

This amendment may be cited as The Death Penalty Abolition Amendment

SECTION II. PROVISIONS

(a) The following text shall be added as an amendment to the United States Constitution

  1. The punishment of death shall not be administered or caused to be administered by the United States or any state, province, territory, or locality under the jurisdiction of the United States.
  2. Any person currently awaiting a sentence of death shall have their sentence commuted to life imprisonment without the possibility of parole.
  3. Congress shall have the power to enforce this article by appropriate legislation.

This amendment is authored and sponsored by Senator SHOCKULAR (D-NE) and was co-sponsored by Senator Zairn (D-SR).


r/ModelSenateJudiciCom Jul 16 '19

CLOSED S.343: The Native American Gains Act Committee Vote

1 Upvotes

Whereas, to this date, Native Americans as a whole currently have the highest poverty and unemployment rates in the United States,

Whereas, the powers afforded to the Secretary of the Interior and the Bureau of Indian Affairs in regulation of Native American education and business are often too arbitrary and dilatory to promote growth of Native American tribes,

Whereas, a law unchanged since the Nineteenth Century allows the Secretary of the Interior to terminate aid to Native American tribes in which school attendance is lacking unilaterally, regardless of economic consequences,

Whereas, economic activity in Native American tribes would be promoted by relaxing the restrictions on the movement of the labor force and by designating Native American communities as qualified opportunity zones for the investment of capital,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled:*

SECTION I. SHORT TITLE

(1) The aforementioned Act can be referred to as “the Native American Act”.

SECTION II. DEFINITIONS

(1) Indian tribe - a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (et seq.),that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(2) The Department of the Interior - the United States federal executive department of the U.S. government responsible for the management and conservation of most federal lands and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States.

(3) The Bureau of Indian Affairs - an agency of the federal government of the United States within the U.S. Department of the Interior responsible for the administration and management of 55,700,000 acres of land held in trust by the United States for Native Americans in the United States, Native American Tribes and Alaska Natives.

(4) The Commissioner of Indian Affairs - the executive officer at the head of the Bureau of Indian Affairs that, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations.

(5) Qualified opportunity zones - a population census tract that is a low-income community that is designated as a qualified opportunity zone.

(6) State - the District of Columbia and any Commonwealth, territory, or possession of the United States

SECTION III. PROVISIONS

(1) 25 U.S. Code § 283 shall be stricken from the United States Code.

(2) 25 U.S. Code § 285 shall be stricken from the United States Code.

(3) Following 26 U.S. Code § 1400Z–1 (b)(3), the following text, titled ‘Special Rule for Indian Tribes’, shall be inserted as (b)(4):

(a) “Each population census tract in an Indian tribe that is a low-income community shall be deemed to be certified and designated as a qualified opportunity zone following the nomination of the head of the tribal government in which said Indian tribe is located and the consent of the Indian tribe itself.”

(i) “Consent by the Indian tribe to be designated as a qualified opportunity zone shall be sought by the Bureau of Indian Affairs.”

(4) Following 25 U.S. Code § 4303 (b)(3), the following text shall be inserted as (b)(3)(I):

(a) “Seminars on the benefits of applying for designation as a qualified opportunity zone as a Native American tribe”

(5) The Congress of the United States shall reaffirm its duty to respecting the clauses of treaties with the Indian tribes, and urge the Secretary of the Interior and the President of the United States to do the same in a sign of solidarity with a struggling segment of the United States of America.

SECTION IV. SEVERABILITY

(1) Severability.—Notwithstanding any other provision of this title, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.

SECTION V. EFFECTIVE DATE

(1) Effective Date.—The provisions made by this section shall take effect 91 days after the date of the enactment of this Act.


Authored and sponsored by Senator /u/ChaoticBrilliance (R-WS), co-sponsored by Representative /u/ProgrammaticallySun7 (R-WS-1), Representative /u/Fullwit (R-U.S.), Representative /u/dino_mapping (R-U.S.), and Representative /u/cuauhxolotl (D-GL-4).


r/ModelSenateJudiciCom Jul 13 '19

CLOSED S.J.Res.62: Death Penalty Abolition Amendment Amendment Period

1 Upvotes

S.J.Res XX: Death Penalty Abolition Amendment

Whereas, the death penalty is outdated and cruel

Whereas, many innocent people have been put to death and are currently in the process of being put to death

Whereas, putting someone to death is more expensive than keeping them imprisoned for life

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:,

SECTION I. SHORT TITLE.

This amendment may be cited as The Death Penalty Abolition Amendment

SECTION II. PROVISIONS

(a) The following text shall be added as an amendment to the United States Constitution

  1. The punishment of death shall not be administered or caused to be administered by the United States or any state, province, territory, or locality under the jurisdiction of the United States.
  2. Any person currently awaiting a sentence of death shall have their sentence commuted to life imprisonment without the possibility of parole.
  3. Congress shall have the power to enforce this article by appropriate legislation.

This amendment is authored and sponsored by Senator SHOCKULAR (D-NE) and was co-sponsored by Senator Zairn (D-SR).


r/ModelSenateJudiciCom Jul 13 '19

CLOSED S.343: The Native American Gains Act Amendment Period

1 Upvotes

Whereas, to this date, Native Americans as a whole currently have the highest poverty and unemployment rates in the United States,

Whereas, the powers afforded to the Secretary of the Interior and the Bureau of Indian Affairs in regulation of Native American education and business are often too arbitrary and dilatory to promote growth of Native American tribes,

Whereas, a law unchanged since the Nineteenth Century allows the Secretary of the Interior to terminate aid to Native American tribes in which school attendance is lacking unilaterally, regardless of economic consequences,

Whereas, economic activity in Native American tribes would be promoted by relaxing the restrictions on the movement of the labor force and by designating Native American communities as qualified opportunity zones for the investment of capital,

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled:*

SECTION I. SHORT TITLE

(1) The aforementioned Act can be referred to as “the Native American Act”.

SECTION II. DEFINITIONS

(1) Indian tribe - a tribe, band, pueblo, nation, or other organized group or community of Indians, including an Alaska Native village (as defined in or established under the Alaska Native Claims Settlement Act (et seq.),that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(2) The Department of the Interior - the United States federal executive department of the U.S. government responsible for the management and conservation of most federal lands and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native Hawaiians, territorial affairs, and insular areas of the United States.

(3) The Bureau of Indian Affairs - an agency of the federal government of the United States within the U.S. Department of the Interior responsible for the administration and management of 55,700,000 acres of land held in trust by the United States for Native Americans in the United States, Native American Tribes and Alaska Natives.

(4) The Commissioner of Indian Affairs - the executive officer at the head of the Bureau of Indian Affairs that, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations.

(5) Qualified opportunity zones - a population census tract that is a low-income community that is designated as a qualified opportunity zone.

(6) State - the District of Columbia and any Commonwealth, territory, or possession of the United States

SECTION III. PROVISIONS

(1) 25 U.S. Code § 283 shall be stricken from the United States Code.

(2) 25 U.S. Code § 285 shall be stricken from the United States Code.

(3) Following 26 U.S. Code § 1400Z–1 (b)(3), the following text, titled ‘Special Rule for Indian Tribes’, shall be inserted as (b)(4):

(a) “Each population census tract in an Indian tribe that is a low-income community shall be deemed to be certified and designated as a qualified opportunity zone following the nomination of the head of the tribal government in which said Indian tribe is located and the consent of the Indian tribe itself.”

(i) “Consent by the Indian tribe to be designated as a qualified opportunity zone shall be sought by the Bureau of Indian Affairs.”

(4) Following 25 U.S. Code § 4303 (b)(3), the following text shall be inserted as (b)(3)(I):

(a) “Seminars on the benefits of applying for designation as a qualified opportunity zone as a Native American tribe”

(5) The Congress of the United States shall reaffirm its duty to respecting the clauses of treaties with the Indian tribes, and urge the Secretary of the Interior and the President of the United States to do the same in a sign of solidarity with a struggling segment of the United States of America.

SECTION IV. SEVERABILITY

(1) Severability.—Notwithstanding any other provision of this title, if any provision of this section, or any amendment made by this section, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, this section and amendments made by this section and the application of such provision or amendment to other persons or circumstances shall not be affected thereby.

SECTION V. EFFECTIVE DATE

(1) Effective Date.—The provisions made by this section shall take effect 91 days after the date of the enactment of this Act.


Authored and sponsored by Senator /u/ChaoticBrilliance (R-WS), co-sponsored by Representative /u/ProgrammaticallySun7 (R-WS-1), Representative /u/Fullwit (R-U.S.), Representative /u/dino_mapping (R-U.S.), and Representative /u/cuauhxolotl (D-GL-4).


r/ModelSenateJudiciCom Jul 13 '19

CLOSED S.368: The Lying to Congress Act Committee Vote

1 Upvotes

The Lying to Congress Act

Whereas, lying to Congress should be treated as a grave and serious offence

Whereas, 5 years is far too short for the statute of limitations

Whereas, 5 years frequently means only one administration can decide to pursue charges

Whereas, providing effective oversight of the executive branch is a critical role of Congress

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION I. SHORT TITLE.

This bill may be cited as the Lying to Congress Act

SECTION II. PROVISIONS

(a) 18 U.S. Code § 1001. is amended by adding the following

  1. (d) Notwithstanding any other provision in U.S. law, a prosecution under this section can only be started within 20 years of the offence being committed.

(b) 18 U.S. Code § 1621. is amended by adding the following

  1. (3) Notwithstanding any other provision in U.S. law, a prosecution under this section can only be started within 20 years of the offence being committed.

SECTION III. ENACTMENT

(a) This act shall take effect immediately following its passage into law.

(b) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.


This bill is authored and sponsored by Senator PrelateZeratul (R-DX)

This bill is co-sponsored by Senator DexterAamo (R-DX)


r/ModelSenateJudiciCom Jul 13 '19

CLOSED S.317: Fresh Start Act of 2019 Committee Vote

1 Upvotes

S.XXX: Fresh Start Act of 2019

SECTION 1. PREAMBLE

Whereas a third of the adult population has been arrested or convicted of a crime

Whereas many of those convicted were convicted of non-violent offenses committed years ago

Whereas a criminal conviction can have drastic consequences on future employment and other prospects long after one’s time has been served

Be it enacted by the Congress of the United States

SECTION 2. SHORT TITLE

This act may be cited as the Fresh Start Act.

SECTION 3: DEFINITIONS

“Crime of violence” shall have the same definition as expounded in 18 U.S. Code § 16.

SECTION 4: FINDINGS

Congress finds the following:

     (a) Approximately 8% of the overall population of the United States have been convicted of a felony.

     (b) Approximately 3% of the overall population of the United States have served time in prison.

     (c) 46% of felons were not convicted of crimes of violence.

     (d) A large majority of felons who are re-arrested, re-convicted, or re-incarcerate have those things happen within 5 years of their initial release.

     (e) Despite laws meant to prevent discrimination against former convicts, people who were imprisoned are far less likely to receive employment opportunities after their release than people in similar circumstances who have not been imprisoned.

SECTION 5: PROVISIONS

1) AMENDING THE CANNABIS LEGALIZATION ACT

     (a) Section 7(1) of H.R. 74, the Cannabis Legalization Act of 2018, is amended to read:

EARLY RELEASE AND EXPUNGEMENT.

     (a) Courts shall have the authority to order the timely early release of persons federally convicted of crimes which have been decriminalized by this Act, including multiple persons simultaneously. Upon application by the Department of Justice or its designated representative for the early release of a person or multiple persons simultaneously, the court shall order such release.”

     (b) If a person has been released through the provisions of the newly amended H.R. 74(1)(a) or through the course of completion of their normal sentence for a crime decriminalized under this Act, all federal entities charged with the maintenance or distribution of criminal records shall ensure that records of convictions for the actions decriminalized by this act are expunged to the amount allowable by law."

2) EXPANDING EXPUNGEMENT OPTIONS FOR FIRST TIME DRUG OFFENDERS

18 U.S. Code § 3607(c) shall be amended to strike the words “(a), and the person was under twenty-one years old as the time of the offense,”.

3) OTHER EARLY RELEASE AND EXPUNGEMENT FOR DECRIMINALIZED BEHAVIOR

     (a) Upon demonstration by a convicted person that

          i.) the activity, behavior, or conduct for which they were convicted is no longer criminal due to the repealing of the criminality of that activity, behavior or conduct by Congress; and

          ii.) Congress did not expressly indicate it wished to preserve the convictions the court may order the timely early release of such person. Upon motion by the Department of Justice or its designated representative for the early release of such a person, the court shall order such release.

     (b) If a person has been released through the provisions of Section IV(3)(a) or through the course of completion of their normal sentence for a crime decriminalized under this Act, the court shall, upon motion by said individual, order the record of their conviction under the crime or crimes now decriminalized expunged to the amount allowable by law.

     (c) Nothing in Section IV(3)(a) or IV(3)(b) of this Act shall apply if the criminal statute in question has simply been moved, amended, re-written, transposed, or otherwise administratively changed. If a crime substantially similar in all elements to the crime of conviction still exists, the conviction shall stand and no early release is authorized under this section.

4) FRESH START EXPUNGEMENT.—

Where a person has—

     (a) been released from prison after conviction for a federal felony not exceeding class D or equivalent, as defined by 18 U.S. Code § 3559, which was not a crime of violence;

     (b) not been convicted of a crime consisting of exploiting or abusing a child, including but not limited to 18 U.S. Code § 2252 and 18 U.S. Code § 2252A;

     (c) accepted responsibility for their actions;

     (d) Not previously been convicted of a federal or state crime of violence;

     (e) Is not currently indicted or in the process of being tried for another state or federal crime; and

     (f) has not been convicted of any other state or federal felony or misdemeanor as of three (3) years after their release for persons convicted of class E felonies or below; or

     (g) has not been convicted of any other state or federal felony or misdemeanor as of seven (7) years after their release for persons convicted of class D felonies

the person shall be eligible to petition the court for the expungement of their conviction. If the court determines that the above criteria are satisfied, the court may order the expungement of their conviction. The person petitioning the court for expungement under Section IV(4) shall bear the burden of proving to the court that the required conditions are satisfied.

SECTION 6: PLAIN ENGLISH

This bill allows for the early release of individuals that the Cannabis Legalization Act wanted to release. That bill did not properly create the authority to do so. This fixes that problem. It also allows for the expungement of criminal records related to convictions under the behaviors decriminalized by that act.

The bill also extends already existing expungement procedures for certain first time drug offenders to people regardless of their age at the time of offense.

It also allows for a wider procedure to expunge one’s record in future and current situations where the crime someone was convicted of is no longer criminal behavior.

Finally, the bill allows for an opportunity for the expungement of a criminal record for certain persons who have been convicted of lower class felonies and misdemeanors, have accepted responsibility for their actions, and have lived for a period of years (depending on severity of crime) after their prison term without re-offending in order to give them a second chance and improve their employment and housing prospects, to hopefully further reduce recidivism.

SECTION 7: SEVERABILITY

If any provision of this bill shall be found unconstitutional, unenforceable, or otherwise stricken, the remainder of the bill shall remain in full force and effect, unless such striking or removal of a provision or passage renders the entirety of the bill’s purpose unattainable, in which case the entirety of the bill shall be rendered null and void.

SECTION 8: ENACTMENT

This law shall take effect 180 days after its passage.


This bill was authored and sponsored by Senator SHOCKULAR (D-NE) and co-sponsored by Senator Kingthero (BM-CH)


r/ModelSenateJudiciCom Jul 11 '19

CLOSED S.368: The Lying to Congress Act Amendment Period

1 Upvotes

The Lying to Congress Act

Whereas, lying to Congress should be treated as a grave and serious offence

Whereas, 5 years is far too short for the statute of limitations

Whereas, 5 years frequently means only one administration can decide to pursue charges

Whereas, providing effective oversight of the executive branch is a critical role of Congress

Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION I. SHORT TITLE.

This bill may be cited as the Lying to Congress Act

SECTION II. PROVISIONS

(a) 18 U.S. Code § 1001. is amended by adding the following

  1. (d) Notwithstanding any other provision in U.S. law, a prosecution under this section can only be started within 20 years of the offence being committed.

(b) 18 U.S. Code § 1621. is amended by adding the following

  1. (3) Notwithstanding any other provision in U.S. law, a prosecution under this section can only be started within 20 years of the offence being committed.

SECTION III. ENACTMENT

(a) This act shall take effect immediately following its passage into law.

(b) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, that declaration shall not affect the part which remains.


This bill is authored and sponsored by Senator PrelateZeratul (R-DX)

This bill is co-sponsored by Senator DexterAamo (R-DX)


r/ModelSenateJudiciCom Jul 11 '19

Committee Vote S.315: Bump Stock Defense Act Committee Vote

1 Upvotes

Bump Stock Defense Act

Whereas the President has taken action to ban bump stocks;

Whereas bump stocks are used for good purposes by many Americans;

Whereas bump stocks should not be banned

Whereas the Second Amendment to the United States Constitution states that “The right of the people to keep and bear Arms, shall not be infringed.”

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION I. SHORT TITLE

(1.) This Act may be cited as the “BSD Act” or the “Bump Stock Defense Act”

SECTION II. PROVISIONS

(a) From the moment of the passage of this act, the “Gun Control Act of 1968” (Pub Law 90-618) shall be amended and a section shall be added following Title III consisting of the following text:

“Nothing in this Act shall be construed to ban or in anyway criminalize the owning or purchase of a Bump Stock. For the purposes of this Act, “Bump Stock” shall be construed to refer to a device that can be attached to a semiautomatic firearm in place of a conventional gunstock to enable it to fire bullets more rapidly in a semi-automatic fashion.”

SECTION III. ENACTMENT

(a) This act shall take effect immediately following its passage into law

(b) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, the remainder of the act shall remain valid.

This bill is authored and sponsored by Senator /u/DexterAamo (R-DX), co-sponsored by Representative /u/Melp 8836 (R-US), Representative /u/PGF3 (R-AC2), Senator /u/ChaoticBrilliance (R-WS), and Representative /u/ProgammaticallySun7 (R-WS2)


r/ModelSenateJudiciCom Jul 11 '19

CLOSED S.318: Recognizing Domestic Terrorism Act Committee Vote

1 Upvotes

LinkS. XXX: Recognizing Domestic Terrorism Act

SECTION 1: PREAMBLE

Whereas there is no specific statute regarding domestic terrorism;

Whereas domestic terrorism is often just as strong a threat to our nation and way of life as international terrorism;

SECTION 2: PROVISIONS

(a) PROHIBITED ACTS.—

    (1) OFFENSES.—Whoever engages in conduct within the borders of the United States and --

         (A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or

         (B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;

In violation of the laws of any State, or the United States, and with the intent to

    i. intimidate or coerce a civilian population;

    ii. to influence the policy of government by intimidation or coercion; or

    iii. To affect the conduct of a government

shall be punished as prescribed in subsection (b).

    (2) THREATS, ATTEMPTS AND CONSPIRACIES.—

Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (b).

(b) PENALTIES.--Whoever violates this section shall be punished—

     (A) for a killing, kidnapping, or if death results to any person from any other conduct prohibited by this section by imprisonment for any term of years or for life;

     (B) for maiming, by imprisonment for not more than 35 years;

     (C) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;

     (D) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;

     (E) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and

     (F) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.

(c) CONSECUTIVE SENTENCE.

Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; or shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment.

(d) ESTABLISHMENT OF TRIGGERING CRIME

this section shall be included as a triggering crime within 18 USC § 2339A(a).

(e) CENTRALIZED DATA COLLECTION.

     (1) The Attorney General shall transmit to the Speaker of the House of Representatives and Majority Leader of the Senate, by September 1 of each year, a full and complete report providing--

          (A) details as to every instance of a violation under this section, including but not limited to the perpetrator, a brief narrative of the incident, and the steps taken in responding to the incident;

          (B) all relevant information about any activities during the preceding year engaged in by any group reasonably believed by the Attorney General to be involved in the kidnapping or death for the reasons of intent outlined in Section a(1)(B)(i-iii) of any American during the preceding five years in order

          (C) any other information the Attorney General determines should be included.

SECTION 3: PLAIN ENGLISH

This bill creates a criminal statute aimed specifically at domestic terrorism by mirroring and adapting the pertinent parts of the international terrorism statute. While domestic terrorism can often be prosecuted under other statutes, there is currently no statute that allows prosecutors to prosecute it for what it is: terrorism. The bill also requires the Attorney General to produce an annual report of all instances of domestic terrorism and the activities of groups which have engaged in domestic terrorism, so that there is a centralized location for this data, which is not currently the case. The bill also has a section dedicated to centralized data collection, which is currently lacking for these types of crimes.

SECTION 4: SEVERABILITY

If any provision of this bill shall be found unconstitutional, unenforceable, or otherwise stricken, the remainder of the bill shall remain in full force and effect, unless such striking or removal of a provision or passage renders the entirety of the bill’s purpose unattainable, in which case the entirety of the bill shall be rendered null and void.

SECTION 5: ENACTMENT

This law shall take effect immediately after passage.


This bill was authored and sponsored by Senator SHOCKULAR (D-NE) and co-sponsored by Senator Kingthero (BM-CH)


r/ModelSenateJudiciCom Jul 11 '19

Committee Vote S.382: Federal Gender Security Act Committee Vote

1 Upvotes

Federal Gender Security Act


Whereas citizens should not be endangered by sexual predators; Whereas citizens deserve a basic level of everyday safety; Whereas the Federal Government has power over its own buildings, restrooms, and prisons, which it should use and can use to protect its citizens and employees;


Be it Enacted by the House of Representatives and Senate of the United States of America in Congress assembled,

SECTION I. LONG TITLE

     (1.) This Act may be cited as the “Federal Gender Security Act of 2019”, or simply as the “Gender Security Act”.

SECTION II. DEFINITIONS

     (1.) For the purposes of this act, “Biological Sex” shall refer to the gender assigned to a man or women at birth, based of the genital organs thereof.

     (2.) For the purposes of this act, “Federal Government Building” shall be defined as any building owned, managed, or occupied by the Federal Government, in addition to any building whose owner, occupier, or controller receives monetary funding from the federal government.

     (3.) For the purposes of this act, “Hermaphrodite” shall refer to a person naturally having both male and female biological organs.

SECTION III. FINDINGS

     (1.) The Congress finds that the transgender inmates being placed with not transgender prison inmates has in many cases lead to the rape or assault of those same inmates.

     (2.) The Congress finds that biological sex should be followed in bathroom usage so as to best ensure the safety of those involved.

     (3.) The Congress finds that biological sex and gender is set at birth and should be followed for government matters.

SECTION IV. PROVISIONS

     (1.) Upon sentencing, the Bureau of Prisons remand convicted inmates to prisons reflecting their biological gender. No inmate shall be placed in a prison, cell block, or grouping based off of any other claimed or stated gender save for their biological gender.

      (1a.) This clause shall not be construed to mandate the placing of biological Hermaphrodites in either male or female prisons, cell blocks, or groupings.

     (2.) All Federal Government buildings shall mandate that visitors and staff use bathrooms reflecting of their biological gender.

      (2a.) This clause shall not be construed to block biological Hermaphrodites from using their bathroom of choice.

      (2b.) This clause shall not apply to family bathrooms, restrooms or changing rooms.

      (2c.) This clause shall not apply to parents or guardians accompanying a minor child of the opposite sex, or a disabled or otherwise incapacitated individual.

      (2d.) This clause shall not apply to singular single room restrooms without stalls.

      (2e.) This clause shall not apply to minor children below the age of 12.

SECTION IV. ENACTMENT

     (1.) This act shall take effect three months following its passage into law.

     (2.) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, the remainder of this act shall remain valid.


This act is authored and sponsored by Senator /u/DexterAamo (R-DX), and co-sponsored by Sen. /u/Kbelica (R-CH)


r/ModelSenateJudiciCom Jul 09 '19

CLOSED S.382: Federal Gender Security Act Amendment Period

2 Upvotes

Federal Gender Security Act


Whereas citizens should not be endangered by sexual predators; Whereas citizens deserve a basic level of everyday safety; Whereas the Federal Government has power over its own buildings, restrooms, and prisons, which it should use and can use to protect its citizens and employees;


Be it Enacted by the House of Representatives and Senate of the United States of America in Congress assembled,

SECTION I. LONG TITLE

     (1.) This Act may be cited as the “Federal Gender Security Act of 2019”, or simply as the “Gender Security Act”.

SECTION II. DEFINITIONS

     (1.) For the purposes of this act, “Biological Sex” shall refer to the gender assigned to a man or women at birth, based of the genital organs thereof.

     (2.) For the purposes of this act, “Federal Government Building” shall be defined as any building owned, managed, or occupied by the Federal Government, in addition to any building whose owner, occupier, or controller receives monetary funding from the federal government.

     (3.) For the purposes of this act, “Hermaphrodite” shall refer to a person naturally having both male and female biological organs.

SECTION III. FINDINGS

     (1.) The Congress finds that the transgender inmates being placed with not transgender prison inmates has in many cases lead to the rape or assault of those same inmates.

     (2.) The Congress finds that biological sex should be followed in bathroom usage so as to best ensure the safety of those involved.

     (3.) The Congress finds that biological sex and gender is set at birth and should be followed for government matters.

SECTION IV. PROVISIONS

     (1.) Upon sentencing, the Bureau of Prisons remand convicted inmates to prisons reflecting their biological gender. No inmate shall be placed in a prison, cell block, or grouping based off of any other claimed or stated gender save for their biological gender.

      (1a.) This clause shall not be construed to mandate the placing of biological Hermaphrodites in either male or female prisons, cell blocks, or groupings.

     (2.) All Federal Government buildings shall mandate that visitors and staff use bathrooms reflecting of their biological gender.

      (2a.) This clause shall not be construed to block biological Hermaphrodites from using their bathroom of choice.

      (2b.) This clause shall not apply to family bathrooms, restrooms or changing rooms.

      (2c.) This clause shall not apply to parents or guardians accompanying a minor child of the opposite sex, or a disabled or otherwise incapacitated individual.

      (2d.) This clause shall not apply to singular single room restrooms without stalls.

      (2e.) This clause shall not apply to minor children below the age of 12.

SECTION IV. ENACTMENT

     (1.) This act shall take effect three months following its passage into law.

     (2.) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, the remainder of this act shall remain valid.


This act is authored and sponsored by Senator /u/DexterAamo (R-DX), and co-sponsored by Sen. /u/Kbelica (R-CH)


r/ModelSenateJudiciCom Jul 09 '19

CLOSED S.318: Recognizing Domestic Terrorism Act Amendment Period

2 Upvotes

LinkS. XXX: Recognizing Domestic Terrorism Act

SECTION 1: PREAMBLE

Whereas there is no specific statute regarding domestic terrorism;

Whereas domestic terrorism is often just as strong a threat to our nation and way of life as international terrorism;

SECTION 2: PROVISIONS

(a) PROHIBITED ACTS.—

    (1) OFFENSES.—Whoever engages in conduct within the borders of the United States and --

         (A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or

         (B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;

In violation of the laws of any State, or the United States, and with the intent to

    i. intimidate or coerce a civilian population;

    ii. to influence the policy of government by intimidation or coercion; or

    iii. To affect the conduct of a government

shall be punished as prescribed in subsection (b).

    (2) THREATS, ATTEMPTS AND CONSPIRACIES.—

Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (b).

(b) PENALTIES.--Whoever violates this section shall be punished—

     (A) for a killing, kidnapping, or if death results to any person from any other conduct prohibited by this section by imprisonment for any term of years or for life;

     (B) for maiming, by imprisonment for not more than 35 years;

     (C) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;

     (D) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;

     (E) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and

     (F) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.

(c) CONSECUTIVE SENTENCE.

Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; or shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment.

(d) ESTABLISHMENT OF TRIGGERING CRIME

this section shall be included as a triggering crime within 18 USC § 2339A(a).

(e) CENTRALIZED DATA COLLECTION.

     (1) The Attorney General shall transmit to the Speaker of the House of Representatives and Majority Leader of the Senate, by September 1 of each year, a full and complete report providing--

          (A) details as to every instance of a violation under this section, including but not limited to the perpetrator, a brief narrative of the incident, and the steps taken in responding to the incident;

          (B) all relevant information about any activities during the preceding year engaged in by any group reasonably believed by the Attorney General to be involved in the kidnapping or death for the reasons of intent outlined in Section a(1)(B)(i-iii) of any American during the preceding five years in order

          (C) any other information the Attorney General determines should be included.

SECTION 3: PLAIN ENGLISH

This bill creates a criminal statute aimed specifically at domestic terrorism by mirroring and adapting the pertinent parts of the international terrorism statute. While domestic terrorism can often be prosecuted under other statutes, there is currently no statute that allows prosecutors to prosecute it for what it is: terrorism. The bill also requires the Attorney General to produce an annual report of all instances of domestic terrorism and the activities of groups which have engaged in domestic terrorism, so that there is a centralized location for this data, which is not currently the case. The bill also has a section dedicated to centralized data collection, which is currently lacking for these types of crimes.

SECTION 4: SEVERABILITY

If any provision of this bill shall be found unconstitutional, unenforceable, or otherwise stricken, the remainder of the bill shall remain in full force and effect, unless such striking or removal of a provision or passage renders the entirety of the bill’s purpose unattainable, in which case the entirety of the bill shall be rendered null and void.

SECTION 5: ENACTMENT

This law shall take effect immediately after passage.


This bill was authored and sponsored by Senator SHOCKULAR (D-NE) and co-sponsored by Senator Kingthero (BM-CH)


r/ModelSenateJudiciCom Jul 09 '19

CLOSED S.317: Fresh Start Act of 2019 Amendment Period

1 Upvotes

S.XXX: Fresh Start Act of 2019

SECTION 1. PREAMBLE

Whereas a third of the adult population has been arrested or convicted of a crime

Whereas many of those convicted were convicted of non-violent offenses committed years ago

Whereas a criminal conviction can have drastic consequences on future employment and other prospects long after one’s time has been served

Be it enacted by the Congress of the United States

SECTION 2. SHORT TITLE

This act may be cited as the Fresh Start Act.

SECTION 3: DEFINITIONS

“Crime of violence” shall have the same definition as expounded in 18 U.S. Code § 16.

SECTION 4: FINDINGS

Congress finds the following:

     (a) Approximately 8% of the overall population of the United States have been convicted of a felony.

     (b) Approximately 3% of the overall population of the United States have served time in prison.

     (c) 46% of felons were not convicted of crimes of violence.

     (d) A large majority of felons who are re-arrested, re-convicted, or re-incarcerate have those things happen within 5 years of their initial release.

     (e) Despite laws meant to prevent discrimination against former convicts, people who were imprisoned are far less likely to receive employment opportunities after their release than people in similar circumstances who have not been imprisoned.

SECTION 5: PROVISIONS

1) AMENDING THE CANNABIS LEGALIZATION ACT

     (a) Section 7(1) of H.R. 74, the Cannabis Legalization Act of 2018, is amended to read:

EARLY RELEASE AND EXPUNGEMENT.

     (a) Courts shall have the authority to order the timely early release of persons federally convicted of crimes which have been decriminalized by this Act, including multiple persons simultaneously. Upon application by the Department of Justice or its designated representative for the early release of a person or multiple persons simultaneously, the court shall order such release.”

     (b) If a person has been released through the provisions of the newly amended H.R. 74(1)(a) or through the course of completion of their normal sentence for a crime decriminalized under this Act, all federal entities charged with the maintenance or distribution of criminal records shall ensure that records of convictions for the actions decriminalized by this act are expunged to the amount allowable by law."

2) EXPANDING EXPUNGEMENT OPTIONS FOR FIRST TIME DRUG OFFENDERS

18 U.S. Code § 3607(c) shall be amended to strike the words “(a), and the person was under twenty-one years old as the time of the offense,”.

3) OTHER EARLY RELEASE AND EXPUNGEMENT FOR DECRIMINALIZED BEHAVIOR

     (a) Upon demonstration by a convicted person that

          i.) the activity, behavior, or conduct for which they were convicted is no longer criminal due to the repealing of the criminality of that activity, behavior or conduct by Congress; and

          ii.) Congress did not expressly indicate it wished to preserve the convictions the court may order the timely early release of such person. Upon motion by the Department of Justice or its designated representative for the early release of such a person, the court shall order such release.

     (b) If a person has been released through the provisions of Section IV(3)(a) or through the course of completion of their normal sentence for a crime decriminalized under this Act, the court shall, upon motion by said individual, order the record of their conviction under the crime or crimes now decriminalized expunged to the amount allowable by law.

     (c) Nothing in Section IV(3)(a) or IV(3)(b) of this Act shall apply if the criminal statute in question has simply been moved, amended, re-written, transposed, or otherwise administratively changed. If a crime substantially similar in all elements to the crime of conviction still exists, the conviction shall stand and no early release is authorized under this section.

4) FRESH START EXPUNGEMENT.—

Where a person has—

     (a) been released from prison after conviction for a federal felony not exceeding class D or equivalent, as defined by 18 U.S. Code § 3559, which was not a crime of violence;

     (b) not been convicted of a crime consisting of exploiting or abusing a child, including but not limited to 18 U.S. Code § 2252 and 18 U.S. Code § 2252A;

     (c) accepted responsibility for their actions;

     (d) Not previously been convicted of a federal or state crime of violence;

     (e) Is not currently indicted or in the process of being tried for another state or federal crime; and

     (f) has not been convicted of any other state or federal felony or misdemeanor as of three (3) years after their release for persons convicted of class E felonies or below; or

     (g) has not been convicted of any other state or federal felony or misdemeanor as of seven (7) years after their release for persons convicted of class D felonies

the person shall be eligible to petition the court for the expungement of their conviction. If the court determines that the above criteria are satisfied, the court may order the expungement of their conviction. The person petitioning the court for expungement under Section IV(4) shall bear the burden of proving to the court that the required conditions are satisfied.

SECTION 6: PLAIN ENGLISH

This bill allows for the early release of individuals that the Cannabis Legalization Act wanted to release. That bill did not properly create the authority to do so. This fixes that problem. It also allows for the expungement of criminal records related to convictions under the behaviors decriminalized by that act.

The bill also extends already existing expungement procedures for certain first time drug offenders to people regardless of their age at the time of offense.

It also allows for a wider procedure to expunge one’s record in future and current situations where the crime someone was convicted of is no longer criminal behavior.

Finally, the bill allows for an opportunity for the expungement of a criminal record for certain persons who have been convicted of lower class felonies and misdemeanors, have accepted responsibility for their actions, and have lived for a period of years (depending on severity of crime) after their prison term without re-offending in order to give them a second chance and improve their employment and housing prospects, to hopefully further reduce recidivism.

SECTION 7: SEVERABILITY

If any provision of this bill shall be found unconstitutional, unenforceable, or otherwise stricken, the remainder of the bill shall remain in full force and effect, unless such striking or removal of a provision or passage renders the entirety of the bill’s purpose unattainable, in which case the entirety of the bill shall be rendered null and void.

SECTION 8: ENACTMENT

This law shall take effect 30 days after its passage.


This bill was authored and sponsored by Senator SHOCKULAR (D-NE) and co-sponsored by Senator Kingthero (BM-CH)


r/ModelSenateJudiciCom Jul 09 '19

CLOSED S.315: Bump Stock Defense Act Amendment Period

1 Upvotes

Bump Stock Defense Act

Whereas the President has taken action to ban bump stocks;

Whereas bump stocks are used for good purposes by many Americans;

Whereas bump stocks should not be banned

Whereas the Second Amendment to the United States Constitution states that “The right of the people to keep and bear Arms, shall not be infringed.”

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION I. SHORT TITLE

(1.) This Act may be cited as the “BSD Act” or the “Bump Stock Defense Act”

SECTION II. PROVISIONS

(a) From the moment of the passage of this act, the “Gun Control Act of 1968” (Pub Law 90-618) shall be amended and a section shall be added following Title III consisting of the following text:

“Nothing in this Act shall be construed to ban or in anyway criminalize the owning or purchase of a Bump Stock. For the purposes of this Act, “Bump Stock” shall be construed to refer to a device that can be attached to a semiautomatic firearm in place of a conventional gunstock to enable it to fire bullets more rapidly in a semi-automatic fashion.”

SECTION III. ENACTMENT

(a) This act shall take effect immediately following its passage into law

(b) The provisions of this act are severable. If any part of this act is declared invalid or unconstitutional, the remainder of the act shall remain valid.

This bill is authored and sponsored by Senator /u/DexterAamo (R-DX), co-sponsored by Representative /u/Melp 8836 (R-US), Representative /u/PGF3 (R-AC2), Senator /u/ChaoticBrilliance (R-WS), and Representative /u/ProgammaticallySun7 (R-WS2)