SENATE BILL: Mitchell Act (At Final Vote)

[Southern Senator North Carolina Yankee]

SENATE BILL
To prohibit police officers from ordering blood draws from unconscious DUI suspects without a warrant

Be it enacted in Both Houses of Congress Assembled,

Section 1: Title

This legislation may be cited as the Mitchell Act.

Section 2: Requiring a judicial warrant prior to the taking of an unconscious person's blood

Whereas, unconscious persons shall retain their right to bodily autonomy, Section II of the Who Polices the Police Act is hereby amended:

1. The practice of issuing administrative subpoenas under the Electronic Communications Privacy Act to seize electronic data stored on a third-party server is hereby prohibited. No such data may be seized unless a valid warrant is issued by a federal magistrate or judge with appropriate jurisdiction over the investigation. 18 U.S.C. § 2511 shall be amended accordingly.

2. 47 USC § 1001-1010 imposing CALEA software compatibility on certain electronic devices or telecommunications equipment is hereby repealed.

3. No federal law enforcement officer shall enter upon the real property of a person to view or record the data on a meter measuring electrical usage, unless the law enforcement officer has the express consent of the real property owner or a person who resides full time at the real property, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

4. No federal law enforcement officer shall implant or attach any device used for the purpose of tracking or recording geographic location via satellite to any person, privately owned vehicle, aircraft, or vessel, or any other privately owned personal property, unless the law enforcement officer has the express consent of the person or property owner, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

5. No federal law enforcement officer shall use unmanned drones for the purpose of tracking a person or a privately owned vehicle, aircraft, or vessel, unless the law enforcement officer has the express consent of the person or property owner, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction, or if there is probable cause that the person, vehicle, aircraft, or vessel is fleeing from the location of recently committed crime.

6. No federal law enforcement officer shall photograph the unopened mail correspondence between private parties, unless the law enforcement officer has the express consent of one of the parties, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

7. No federal law enforcement officer shall order or initiate the drawing of blood from an unconscious person unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

7. 8. 50 U.S.C. § 1861 authorizing the seizure of domestic files, books, and other tangible things for evidence on foreign suspects without a warrant is hereby repealed.

People's Regional Senate
Pending

Sponsor: Devout for FM Scott
Senate Designation: SB19:08

[Southern Senator North Carolina Yankee]

The sponsor has 24 hours to commence an advocacy here and other members have 48 hours to respond.

[Southern Senator North Carolina Yankee]

Senators, hello?

[Southern Senator North Carolina Yankee]

I certainly am not fond of the opinions whenever they are a combination of Roberts, Breyer, Alito and Kavanaugh get together, as they typically are the worst.

It seems patently obvious that being unconscious that his rights were violated and absent a warrant this should not have happened.

[Southern Senator North Carolina Yankee]

You guys really need to post more in the debate threads.


Why?

The Sooner you guys post, the sooner I know something has unanimous support and the sooner I can do this.

I motion for a final vote, Senators have 24 hours to object.

[Southern Senator North Carolina Yankee]

A final vote is now open on his legislations, Senators please vote Aye, Nay or Abstain.

[Southern Senator North Carolina Yankee]

AYE

[Southern Senator North Carolina Yankee]

Vote on Final Passage of the Mitchell Act:

Aye (5): Comrade Funk, Devout Centrist, NC Yankee, Ontario Progressive and Tack50
Nay (0):
Abstain (0):

Didn't Vote (1): Vern1988

This legislation has passed the Senate and is sent to the VP.

[Southern Senator North Carolina Yankee]

SENATE BILL
To prohibit police officers from ordering blood draws from unconscious DUI suspects without a warrant

Be it enacted in Both Houses of Congress Assembled,

Section 1: Title

This legislation may be cited as the Mitchell Act.

Section 2: Requiring a judicial warrant prior to the taking of an unconscious person's blood

Whereas, unconscious persons shall retain their right to bodily autonomy, Section II of the Who Polices the Police Act is hereby amended:

1. The practice of issuing administrative subpoenas under the Electronic Communications Privacy Act to seize electronic data stored on a third-party server is hereby prohibited. No such data may be seized unless a valid warrant is issued by a federal magistrate or judge with appropriate jurisdiction over the investigation. 18 U.S.C. § 2511 shall be amended accordingly.

2. 47 USC § 1001-1010 imposing CALEA software compatibility on certain electronic devices or telecommunications equipment is hereby repealed.

3. No federal law enforcement officer shall enter upon the real property of a person to view or record the data on a meter measuring electrical usage, unless the law enforcement officer has the express consent of the real property owner or a person who resides full time at the real property, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

4. No federal law enforcement officer shall implant or attach any device used for the purpose of tracking or recording geographic location via satellite to any person, privately owned vehicle, aircraft, or vessel, or any other privately owned personal property, unless the law enforcement officer has the express consent of the person or property owner, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

5. No federal law enforcement officer shall use unmanned drones for the purpose of tracking a person or a privately owned vehicle, aircraft, or vessel, unless the law enforcement officer has the express consent of the person or property owner, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction, or if there is probable cause that the person, vehicle, aircraft, or vessel is fleeing from the location of recently committed crime.

6. No federal law enforcement officer shall photograph the unopened mail correspondence between private parties, unless the law enforcement officer has the express consent of one of the parties, or unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

7. No federal law enforcement officer shall order or initiate the drawing of blood from an unconscious person unless the law enforcement officer has a lawful warrant issued by a federal judge or magistrate with appropriate jurisdiction.

7. 8. 50 U.S.C. § 1861 authorizing the seizure of domestic files, books, and other tangible things for evidence on foreign suspects without a warrant is hereby repealed.

People's Regional Senate
Passed 5-0 in the Atlasian Senate Assembled,