HB 19-16: Mitchell Act (Passed)

[Esteemed Jimmy]

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1001-1010 imposing CALEA software compatibility on certain electronic devices or telecommunications equipment is hereby repealed.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,


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

Sponsor: MB
House Designation: HB 19-16

[Esteemed Jimmy]

This needs a sponsor

[Dr. MB]

I'll sponsor

[Esteemed Jimmy]

I'll sponsor

Representatives have 24 hours for objections.

[YE]

No issues with this.

[JGibson]

A very solid bill that I have no qualms endorsing.

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

A very solid bill that I have no qualms endorsing.

[Esteemed Jimmy]

MB is now recognized as the sponsor.

[Dr. MB]

This bill pretty much explains itself. If someone isn’t conscious, they can’t consent to their blood being drawn and tested, and it would be a violation of their rights to do so.

[fhtagn]

I don't really have any issues with this. However I'm pretty sure it's still within 72 hours, so whenever that's up, I'll motion for a final vote.

[Esteemed Jimmy]

I don't really have any issues with this. However I'm pretty sure it's still within 72 hours, so whenever that's up, I'll motion for a final vote.

Representatives have 24 hours for objections.

[Esteemed Jimmy]

A final vote has begun on this bill. Please vote AYE, NAY, or ABSTAIN.

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.

[fhtagn]

Aye

[Attorney General, LGC Speaker, and Former PPT Dwarven Dragon]

Aye

[Coastal Elitist]

Aye

[Dr. MB]

Aye

[lfromnj]

Aye but I am wondering what about in areas such as a prison? Would they still need a warrant there?

[JGibson]

AYE

[Esteemed Jimmy]

With a majority of representatives voting to pass this bill, the vote will close in 24 hours or when all representatives have voted, whichever is sooner, and any representative who wishes to change his or her vote must do so during that interval.

[YE]

Aye

[P. Clodius Pulcher did nothing wrong]

Aye

[Esteemed Jimmy]

HB 19-16 has passed by a vote of 8-0-0-1.

[Esteemed Jimmy]

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,


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