Southeast October Initiatives/Amendments

[Sam Spade]

I may have some stuff for you soon, when I get around to it.

[Sam Spade]

Re-initiation of the Death Penalty in the Southeast

Section 1: Definitions
1.  Life in prison with penalties shall be defined as permanant solitary confinement without access to luxuries.
2.  Permanent solitary confinement without access to luxuries shall be defined through public order of the Southeast Prison Board.  This order must be approved by the Governor.
3.  Acts of terrorism shall be defined by applicable federal regulations, statutes and executive orders that define the subject.
4.  Aggravated circumstances shall consist of those aggravated circumstances defined as such for capital murder under Title 5, Section 19.03 of the Texas Penal Code.  The aggravated circumstances method shall replace those states which still use the "premediated" standard.

(the link is found here: http://tlo2.tlc.state.tx.us/statutes/pe.toc.htm)

Section 2: Applicable Punishments
1.  The death penalty shall remain a viable punishment under the law for the following "Brutal Crimes":
- Murder in the first degree with aggravated circumstances
- Sexual assault of a child under the age of 10 years
- Wilful participation in an act of terrorism that kills 10 or more people.
2.  Life in prison without the possibility of parole shall remain a viable punishment under the law for all crimes defined as "Brutal Crimes".
3.  Life in prison with penalties shall remain a viable punishment under the law for all crimes defined as "Brutal Crimes".

Section 3: Brutal Crimes
1. The following crimes shall constitute "Brutal Crimes" under Southeast law:
- Murder in the First Degree
- Murder in the Second Degree
- Sexual Assault in the First Degree
- Sexual Assault in the Second Degree
- Sexual Assault in the Third Degree
- Sexual Exploitation of a Minor

2. The minimum penalty for a "Brutal Crime" shall be 40 years in prison without the possibility of parole.  The maximum penalty for a "Brutal Crime" shall be life without the possibility of parole or life with penalties, unless so defined in Section 2 as a death-penalty eligible crime.

Section 4: Arbiter of Death Penalty
1.  In death-penalty eligible trials where the defendant has requested trial by jury, only the jury by unanimous vote shall sentence the defendant to the death penalty.
2.  In death penalty eligible trials where the defendant has not requested trial by jury, only the judge shall have the power to sentence the defendant to the death penalty.

Section 5: Method of Execution
1.  The preferred method of execution in the Southeast shall be by firing squad.
2.  Lethal injection shall also be an acceptable method of execution.
3.  If a defendant is sentenced to the death penalty, he shall have the right to choose the form of execution, if so desired.

Section 6: Previous Initiatives
1.  Initiatives 38, 65 and 78 are hereby repealed.
2.  Nothing in this initiative shall be construed to preempt existing state criminal law when not explicitly covered by the language of this initiative.
3.  All prisoners whose sentences were commuted to life in prison without the possibility of parole through Initiative 78 shall remain commuted to that punishment.

[X] Sam Spade