HB 19-20: Criminal Procedure Reform Act (Passed)

[YE]

CRIMINAL PROCEDURE REFORM ACT

SECTION I: NAME
a. This act shall be referred to as the Criminal Procedure Reform Act

SECTION II: DEFINITION
a. Violent Crime as used within this act shall be defined to include any of the following:
   1. murder
   2. voluntary manslaughter
   3. aggravated assault
     4. rape or sexual assault
     5. sexual abuse or aggravated sexual abuse
     6. abusive sexual contact
     7. child abuse
     8. kidnapping
     9. human trafficking
     10. robbery
     11. carjacking or hijacking any other vehicle, vessel, or aircraft
     12. burglary
     13. arson
     14. extortion
     15. Threatening a juror, potential juror, witness, or potential witness related to a criminal case
     16. domestic violence
     17. piracy
     18. illegal brandishing of a firearm
     19. coercion
     20. interference with flight crew members and attendants
     21. stalking
     22. hostage taking
     23. communicating threats to kill the President, Vice President, Game Moderator, or any Cabinet member, member of Congress, or judge
     24.terrorism
     25. conspiracy to commit any of the above offenses

SECTION III: CRIMINAL RECORDS
a. Any person convicted in a federal court of any misdemeanor or felony other than a violent crime shall be eligible to have all their criminal records sealed from general public disclosure as well as such previous convictions ineligible to be introduced as character evidence in a federal court upon the tenth anniversary of conviction or one (1) year after the completion of the criminal sentence, whichever occurs later, provided the person has not been convicted on any new felonies. This provision shall not apply to violent crimes or to the possession, manufacture, distribution, or sale of child pornography.
b. Any juvenile convicted in a federal court of any misdemeanor or felony other than a violent crime shall be eligible to have all their criminal convictions expunged upon the seventh anniversary of conviction or one (1) year after the completion of the criminal sentence, whichever occurs later. This provision shall not apply to violent crimes or to the possession, manufacture, distribution, or sale of child pornography
c. Any person who is arrested by federal law enforcement for a crime and is later found not guilty by a federal court, or who is arrested but has the charges dismissed or expunged, shall be eligible upon request to have any mugshot, fingerprint sample, or DNA sample collected during the arrest in the possession of any federal law enforcement agency, officer, employee, or contractor, purged from all law enforcement databases.
d. Any person charged with a federal crime shall be entitled to request pre-trial discovery and exculpatory materials eligible for disclosure under Brady v. Maryland unless the person expressly waives such disclosures in writing.
SECTION IV: TIMING
a. This act shall take effect immediately. No suit shall be justiciable under this act until ninety (90) days after adoption of this act.

Sponsor: Lfromnj
72 hours of debate.

[Mr. Reactionary]

So this makes it easier after a nonviolent criminal completes their sentence for them to have the criminal record sealed (or expunged for crimes while a minor) to make it easier to transition back to being a normal citizen. It also creates a mechanism for the wrongfully accused who are later successful in court and not convicted to have their personal information removed from law enforcement databases and guarantees exculpatory evidence (Brady material) to persons charged with any crime as opposed to just crimes for which jail time is a possible punishment.

[Attorney General & PPT Dwarven Dragon]

Seems fine

[fhtagn]

I have no issues with this, and absolutely intend to vote in favor of it. It fixes many things that are horribly wrong with our criminal justice system and truly helps those who commit nonviolent offenses and those who are falsely accused to get their life back together and not be weighed down by their past.

[JGibson]

Seems fine

[lfromnj]

Yeah another far right bill that labor supports.

[Dr. MB]

Just a question - does Atlasia have any law protecting teenagers that send their own nudes or is this classified as child porn too?

[Mr. Reactionary]

Just a question - does Atlasia have any law protecting teenagers that send their own nudes or is this classified as child porn too?

I think just the south has that.

[YE]

Yeah another far right bill that labor supports.

There’s currently an ACP introduced bill that I think many would belong in said category, though to your credit you don’t support it either

[P. Clodius Pulcher did nothing wrong]

Yeah another far right bill that labor supports.

I don't understand. More protections & more rights for felons does not strike me as a particularly rightwing policy. Rather, I would describe it as pretty neutral or even leftwing…

[fhtagn]

Yeah another far right bill that labor supports.

I don't understand. More protections & more rights for felons does not strike me as a particularly rightwing policy. Rather, I would describe it as pretty neutral or even leftwing…

It's because certain people in the House, the White House, and Labor leadership stomped their feet and cried that all of the bills introduced by Feds/ACP were "far right bills" and wanted to change rules that have always worked completely fine over it.

[Esteemed Jimmy]

I'm not sure about Section III, Subsection c.

[Mr. Reactionary]

I'm not sure about Section III, Subsection c.

If charges are expunged thats a full admission that the initial charges were the government's mistake. Likewise, a dismissal indicates no conviction. Providing this mechanism for removal amplifies privacy rights and discourages trumped up police charges made just to obtain identifying private information.

https://www.google.com/amp/s/www.nytimes.com/2019/01/21/science/dna-crime-gene-technology.amp.html

[Mr. Reactionary]

Any other concerns?

[fhtagn]

Since it seems no one really has any issues, I'll motion for a final vote.

[YE]

24 (now 18) hours to object.

[YE]

A final vote is now open.

[YE]

Aye

[Attorney General & PPT Dwarven Dragon]

Aye

[JGibson]

AYE

[fhtagn]

Aye

[Dr. MB]

Aye

[P. Clodius Pulcher did nothing wrong]

Aye

[lfromnj]

Aye

[Coastal Elitist]

Aye