NE1: Sandy Hook Memorial Act [Passed]
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  NE1: Sandy Hook Memorial Act [Passed]
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Author Topic: NE1: Sandy Hook Memorial Act [Passed]  (Read 1462 times)
Cincinnatus
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« on: December 14, 2012, 06:02:10 PM »
« edited: December 21, 2012, 08:27:54 AM by Cincinnatus »

The Assembly will now consider the following legislation, introduced by the Governor.  Debate will last 72 hours.

A BILL

To

1)   encourage the development and implementation of innovative programs to permit members of the community to assist State and local law enforcement agencies in the prevention of crime in the community
2)   provide additional and more effective training to law enforcement officers to enhance their problem solving, service, and other skills needed in interacting with members of the community


Be it enacted by Assembly of the Northeast Region convened.


SECTION 1. TITLE

This legislation may be cited as the ‘Omnibus Crime Control and Law Enforcement Act of 2012’ or the 'Taking Back Our Streets Act.'

SECTION 2. GUN TRAFFICKING PREVENTION

1.   The Northeast criminal code shall be amended to impose a fine no less than $500,000 and/or 20-year prison term on any person who:

(1.)   knowingly provides or receives from another person two or more firearms if such person knows or has reasonable cause to believe that such transfer would violate a federal, state, or local law punishable by a prison term of more than one year (i.e., a felony)
(2.)   makes materially false statements to a licensed firearm importer, dealer, or manufacturer relating to the purchase, receipt, or acquisition of two or more firearms; or
(3.)   knowingly violate firearms restrictions under the federal criminal code, including recordkeeping requirements.

2.   The Chief Judicial Officer will be authorized to revoke or suspend the license of a firearms dealer for failure to have secure gun storage or safety devices, for transporting armor piercing ammunition, or for violating other federal prohibitions on gun trafficking.

3.   The Chief Judicial Officer will be required to identify licensed firearms dealers who have a heightened risk of firearms being diverted to criminal use.

4.   The Department of Justice shall study and report to the Assembly on firearms that are lost or stolen during commercial shipping, and will hire additional personnel to enable inspections of gun dealers on a three-year cycle and requires the Director to hire additional investigators and special agents to address trafficking in firearms.

SECTION 3. CORPORATE CRIME DATABASE

The Chief Judicial Officer will be authorized to:

(1)   acquire data, for each calendar year, regarding all administrative, civil, and criminal judicial proceedings against any corporation or corporate official involving a felony or misdemeanor or civil charge where potential fines may be $1,000 or more;
(2)   establish and maintain a publicly available website on improper conduct by all corporations with annual revenues of more than $1 billion; and
(3)   prepare an annual report to the Assembly detailing the number of civil, administrative, and criminal enforcement actions brought against any corporation or corporate official and the final dispositions of such actions.

SECTION 4. FIGHTING GANGS AND EMPOWERING YOUTH

The Chief Judicial Officer will be authorized to:

(1.)   make grants to public and nonprofit private entities (including faith-based organizations) for projects involving innovative approaches to combat gang activity,
(2.)   make grants to states and other entities to increase police presence and expand and improve cooperative efforts to address gang activity problems
(3.)   make grants to state or local police departments to implement an anonymous tip program using cell phone text messaging to assist police in preventing and solving crimes
(4.)   designate high-intensity interstate gang activity areas
(5.)   authorize programs for combating criminal gangs, including after-school programs and programs for safe schools and communities
(6.)   implement a grant program for workplace and community transition training for incarcerated youth offenders (30 years of age or younger)
(7.)   make grants to public housing agencies and private, for-profit, and nonprofit owners of federally assisted low-income housing for use in eliminating gang-related crime
(8.)   award grants to assist communities located in a high-intensity interstate gang activity area in developing and carrying out programs that target certain at-risk youth and juvenile offenders
(9.)   authorize a gang resistance education and training projects program, and
(10.)   modify existing procedures and policies to improve the transition of federal prisoners into local communities

SECTION 5. LITERACY, EDUCATION, AND REHABILITATION REFORMS

1.   A prisoner serving a term of imprisonment of more than one year will be eligible to receive credit beyond time already served for up to 60 days each year, in addition to any credit received for satisfactory behavior, for earning a certificate of completion in, or for participating in or teaching, a designated program that benefits prisoners or the Bureau of Prisons, including specified educational and vocational, treatment, and work and developmental programs.

2.   The Chief Judicial Officer will establish the number of days a credit a prisoner may be awarded considering the difficulty, time required, responsibility expected, and rehabilitative benefits of the program

3.   Any person sentenced to a term of imprisonment under the Chief Judicial Officer’s custody may be eligible for the credits, including prisoners transferred from foreign countries.

SECTION 6. FUNDING

$14.5 billion shall be accumulated from the Public safety fund from the November-March Northeast Budget FY2013.
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Barnes
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« Reply #1 on: December 14, 2012, 10:21:21 PM »

How ironic for this to come up at the same time as the real life tragedy in Connecticut.

I move to amend the title from "The Taking Back Our Streets Act" to "The Sandy Hook Memorial Crime Prevention Act."
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Bleach Blonde Bad Built Butch Bodies for Biden
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« Reply #2 on: December 15, 2012, 11:13:17 AM »

Indeed.  I will accept Barnes' amendment as friendly, and due to the recent events, I will amend one provision of the bill so that more schools can have the tools and the resources to prevent these tragedies.

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Poirot
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« Reply #3 on: December 16, 2012, 01:59:59 PM »

I have some observations. In section 4, the Chief Judicial Officer is authorized to make grants. He is also in charge of holding trials and making rulings. I would prefer if the person in position of judge is not put in position of allocating grants to have a more impartial role but I don't see an another position that deals with justice and the law in our government. Was the function of allocating grants given to the Chief Justice Officer because he is the only one dealing with justcie matters?

In section 2 there is a possible prison term of 20 years who does 1. 2. 3. It don't see an And so I take it as one of the three. Compared to committing crimes like hold up or rape (I admit I don't know how long is the sentence for that in our region), 20 years seems a long sentence. 
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Cincinnatus
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« Reply #4 on: December 16, 2012, 06:11:17 PM »

In section 2 there is a possible prison term of 20 years who does 1. 2. 3. It don't see an And so I take it as one of the three. Compared to committing crimes like hold up or rape (I admit I don't know how long is the sentence for that in our region), 20 years seems a long sentence. 

I'd suggest making an amendment that clarifies different sentencing lengths.

Representatives, I'm extending debate on this to the maximum.  There's quite a bit to go through here, and I'd rather leave no stone unturned.
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« Reply #5 on: December 16, 2012, 06:18:36 PM »
« Edited: December 16, 2012, 06:21:11 PM by Governor Scott »

Sigh.  Just when I thought this was almost a done deal...

I have some observations. In section 4, the Chief Judicial Officer is authorized to make grants. He is also in charge of holding trials and making rulings. I would prefer if the person in position of judge is not put in position of allocating grants to have a more impartial role but I don't see an another position that deals with justice and the law in our government. Was the function of allocating grants given to the Chief Justice Officer because he is the only one dealing with justcie matters?

In section 2 there is a possible prison term of 20 years who does 1. 2. 3. It don't see an And so I take it as one of the three. Compared to committing crimes like hold up or rape (I admit I don't know how long is the sentence for that in our region), 20 years seems a long sentence.  

Yes, the CJO is in charge of all matters relating to justice matters.  That is why he is authorized with these powers.  I'm open to assigning grant distribution responsibilities and other powers to the Justice Department, if necessary.

I will amend section two:

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H.E. VOLODYMYR ZELENKSYY
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« Reply #6 on: December 17, 2012, 01:36:52 AM »

In section 4, why are people under 30 considered "youth offenders"?
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Poirot
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« Reply #7 on: December 17, 2012, 07:34:55 PM »

You think 30 is too old? Would you prefer under 25 or even younger than that ?
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H.E. VOLODYMYR ZELENKSYY
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« Reply #8 on: December 18, 2012, 06:33:42 AM »

You think 30 is too old? Would you prefer under 25 or even younger than that ?

Well, I've been in the Assembly for 25 years and I'm almost 30. I don't consider myself a youth.
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H.E. VOLODYMYR ZELENKSYY
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« Reply #9 on: December 18, 2012, 06:34:29 AM »

(Yes, I'd probably be good with under 25)
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Barnes
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« Reply #10 on: December 18, 2012, 04:14:21 PM »

Meh, twenty-five would be acceptable.  BTW, Cincy, did you see my amendment to rename the bill?
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Cincinnatus
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« Reply #11 on: December 18, 2012, 05:53:16 PM »
« Edited: December 18, 2012, 05:55:47 PM by Cincinnatus »

Meh, twenty-five would be acceptable.  BTW, Cincy, did you see my amendment to rename the bill?

The amendment was acknowledged.  I did forget to change the topic heading to reflect it though Tongue

By the way, is the youth age (to 25) a proposed amendment?  We should make this clear.
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Poirot
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« Reply #12 on: December 18, 2012, 05:59:05 PM »

Do we need to vote on the age in section 4, number 7 ot it is accepted as change?

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Cincinnatus
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« Reply #13 on: December 18, 2012, 06:03:36 PM »

As a side note, I want everyone to be aware that this bill calls for 14.5b of the total 25b under Public Safety expenditures (FY13').


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I would divert this to one of our unofficial cabinet posts (that I can't think of right now).  This should be a "Justice Dept" sort of responsibility.  In fact, I would just say "Dept of Justice" for many of these responsibilities Scott.  The CJO isn't necessarily in the business of "law enforcement".
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Cincinnatus
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« Reply #14 on: December 18, 2012, 06:04:32 PM »

Do we need to vote on the age in section 4, number 7 ot it is accepted as change?

Not if Scott accepts it as friendly.
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Bleach Blonde Bad Built Butch Bodies for Biden
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« Reply #15 on: December 18, 2012, 07:36:05 PM »
« Edited: December 18, 2012, 08:05:19 PM by Governor Scott »

I accept the amendment as friendly, and will make the following changes-

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Poirot
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« Reply #16 on: December 18, 2012, 07:44:40 PM »

In the latest version, there is 10 instead of 11 numbers in section 4. I think point 6 that was added early by Gov. Scott (make grants to school) is missing.
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Poirot
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« Reply #17 on: December 18, 2012, 07:56:18 PM »

As a side note, I want everyone to be aware that this bill calls for 14.5b of the total 25b under Public Safety expenditures (FY13').

oh, money issue. It represents 58% of public safety expenditures. Most of this bill is crime prevention with grants and programs so maybe it is not so expensive.
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Bleach Blonde Bad Built Butch Bodies for Biden
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« Reply #18 on: December 18, 2012, 08:06:32 PM »

Thank you, Poirot.  I've made the correction.

Is Shua still our GM?  I'd be willing to ask someone for a price estimate if the Reps. feel this bill is more expensive than it should be, but I'm not sure who.
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Cincinnatus
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« Reply #19 on: December 18, 2012, 09:12:11 PM »

Thank you, Poirot.  I've made the correction.

Is Shua still our GM?  I'd be willing to ask someone for a price estimate if the Reps. feel this bill is more expensive than it should be, but I'm not sure who.

Can we just amend it to say the funds necessary will come from the Public Safety budget, so we don't automatically under/over allocate funds.
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« Reply #20 on: December 18, 2012, 09:13:38 PM »

Sure.

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Cincinnatus
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« Reply #21 on: December 19, 2012, 08:03:54 PM »
« Edited: December 19, 2012, 08:20:19 PM by Cincinnatus »

Debate time has expired.  The Assembly will now vote on the final text.  Voting will last 24 hours, or until all members have voted.

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Goldwater
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« Reply #22 on: December 19, 2012, 09:25:22 PM »

AYE
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Barnes
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« Reply #23 on: December 19, 2012, 09:33:03 PM »

Aye.
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H.E. VOLODYMYR ZELENKSYY
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« Reply #24 on: December 20, 2012, 01:10:54 PM »

Aye.
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