SB 20-16: Criminal Procedure Reform Act

[Pericles]

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.

House of Representatives
Passed in the House of Representatives 8-0-0-1

X YE

Sponsor: North Carolina Yankee
Senate Designation: SB 20-16

[Pericles]

This needs a sponsor.

[Pericles]

This needs a sponsor.

[Pericles]

24 hours to object to Senator North Carolina Yankee sponsoring this bill.

[Pericles]

Senator North Carolina Yankee is recognized as the sponsor.

[Pericles]

I'll presume that is a motion from Senator North Carolina Yankee, so 24 hours for objections to holding a final vote on this bill.

[Pericles]

A final vote has begun on this legislation. Senators have 72 hours to vote Aye, Nay or Abstain.

[Pericles]

This bill passes 5-0-0-1.
Aye; 5 (tack50, PyroTheFox, Tea Party Hater, ON Progressive, North Carolina Yankee)
Nay; 0
Abstaining; 0
Not voting; 1 (Devout Centrist)

[Pericles]

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.

House of Representatives
Passed in the House of Representatives 8-0-0-1

X YE
People's Regional Senate
Passed 5-0-0-1 in the Atlasian Senate Assembled