Bill: Rejected Homeland Security Act

[ColonelKai]

Homeland Security Act

A
Bill
To

Reform the Law Enforcement system of the Republic to allow for the better protection of the Republic, its democracy and its citizens, and allow for possible venues of investigation into unlawful or violating activities.

Section I, Act Name
Section II, Commencement
Section III, Definitions
Section IV, Homeland Security
Section V, Marshals
Section VI, Marshal Warrants
Section VII, Warrantless Seizure of Evidence
Section VIII, Preventative Detention
Section IX, Investigative Detention
Section X, Warrantless Search



The Parliament of Stratham Enacts;

Section I, Act Name​

1. This act is the Homeland Security Act, and can be abbreviated as the HSA act.

Section II, Commencement​

1. All provisions of this act are to be effective immediately after passage by the Parliament of Stratham.
2. In cases of conflicts with previous legislation regarding the topics covered by this Act, this Act is to take precedence.

Section III, Definitions​

1. Law Enforcement Organisation, is the Department of Homeland Security or other organisations authorised by the Department of Homeland Security such as it’s subdivisions tasked with investigating and enforcing the law and keeping the peace.
2. Law Enforcement Officer, is any member of Law Enforcement Organisations directly tasked with undertaking the aforementioned tasks on the field.

Section IV, Homeland Security​

1. The Minister of Homeland Security is the head of the Department of Homeland Security.
   1. The Deputy Minister of Homeland Security is the second in command of the department.
   2. Any responsibility of the Minister of Homeland Security may be delegated to the Deputy Minister by the Minister.
   3. The Minister of Homeland Security is also the principal advisor to the Prime Minister and the government on all matters relating to national security.
2. DHS is required by law to protect the Prime Minister and Deputy Prime Minister.
   1. By Executive Order, the Prime Minister may order DHS to protect other individuals.
3. DHS may work with other government agencies to ensure the protection of the homeland.
4. Certain employees of DHS will remain confidential to the general public.
   1. The power to classify positions is reserved to the Minister.
5. DHS is authorised to protect any major Prime Ministerial candidate in the 30 days leading up to a general election as determined by the Minister.

Section V, Marshals​

1. The Republic of Stratham Marshals Service, or simply the Marshals Service, or R.S. Marshals Service is a subdivision of the Department of Homeland Security that seeks to hold investigations on any high-level, organisational or similar crimes, and violations.
2. The Marshals Service is headed by the Attorney General.

Section VI, Marshal Warrants​

1. Marshals and Marshals Services, have access to a series of warrants that must be requested and either granted or denied by the courts of stratham, where the reasons for the warrants and the rights granted by them are as follows;
   1. Investigative Property Search Warrant (RSMS.Warrant-A), must be for the purposes where there is a reasonable suspicion of illegal items and/or [documents/media which would be incriminating either through their existence, their contents or their contextual qualities] being in a property, and the seizure of the said items and/or documents/media would be relevant to an investigation. The Investigative Property Search Warrant allows the Marshals or Marshals Services the ability to enter and search the stated property.
   2. Investigative Information Disclosure Warrant (RSMS.Warrant-B), must be for purposes where information otherwise private is required to assist in the criminal investigation. The Investigative Information Disclosure Warrant allows the Marshals and Marshals Services the ability to demand information to be delivered to the Marshals truthfully and intact. Information includes documents, previous conversations, deals (verbal), contracts (written), testimonies and any other information pertaining to the investigation. However, the Investigative Information Disclosure Warrant cannot be used to force a citizen to give a self-incriminating testimony.
2. Any Law Enforcement Officers from other departments, at the request or permission of the Marshal undertaking the execution of a warrant or the Attorney General may assist in the execution of the aforementioned warrant.
3. After the execution of a warrant, a form detailing the undertaking, and what has been seized or disclosed is to be filled and put in RSMS Archives.

Section VII, Warrantless Seizure of Evidence​

1. Marshals and Marshals Services, are allowed to seize assets which they believe is valuable to an investigation either through its existence, their contents or their contextual qualities, if they believe that if not seized in a timely manner before a warrant can be issued, the assets will be modified or destroyed in a manner that will affect the investigation. In any case of a Warrantless Seizure of Evidence, a form, detailing what has been seized for what reasons, is to be filed and handed to a judge for examination.

Section VIII, Preventative Detention​

1. Preventive Detention, or a ‘Terry Stop’, is the ability of a Law Enforcement Officer to temporarily put an individual under detention in cases where a reasonable suspicion of criminal activity can be seen.
2. If the results of the Preventive Detention are disruptive, and the suspected criminal activity is one of a non-violent nature, the detainment may not be undertaken.
3. The Law Enforcement Officer is allowed to, as long as the reaction by the Officer in regards to the reasonable suspicion and the following detention is reasonable, keep the individual under detention until;
   1. Reasonable inquiry reveals facts which cause the reasonable suspicion to no longer apply,
   2. The circumstances in which the reasonably suspected criminal activity would have been brought into existence is no longer viable,
   3. The existence of a criminal activity is confirmed and the detention is stepped up to an arrest.
4. During a Preventive Detention, the Officer MUST;
   1. Partake in reasonable inquiries regarding the situation,
   2. If applicable to the crime in which the individual was detained for, check the detained individual for signs and tools of aggression,
   3. Actively ensure the safety of the detained individual and attempt to always bring the detained individual out of harm's way for the length of the detainment.

Section IX, Investigative Detention​

1. Investigative Detention, is the ability of a Law Enforcement Officer to temporarily put an individual under detention in cases where the timely inquiry of a matter is crucial to prevention of another crime. The officer detaining the individual must have at least a reasonable suspicion that a person has connections to the crime at hand.
2. The detention may only last as long as it is necessary to hold a reasonable inquiry of information pertaining to the reason of detainment, where if applicable, the route of least interference and the fastest to a reasonable degree of action must be taken by the officer and the associates thereof.

​

Section X, Warrantless Search​

1. Warrantless Search, is the ability of a Law Enforcement Officer to conduct a search on an individual or an area without a warrant if;
   1. they have a reasonable suspicion that there is evidence within the aforementioned individuals or areas which if not retrieved in a timely manner, may be altered or destroyed, OR
   2. they are currently undertaking a preventative or investigative detention and the reasonable search of the individual is a key element to the detention at hand.

Section XI. Amendments for Renaming of Department of Homeland Security​

1. Amend all instances of the phrase “Department of Justice” or “DoJ” to “Department of Homeland Security” in the following bills:
   1. https://mcbusinesscraft.com/forum/threads/turn-yourself-in-act.17855/
   2. https://mcbusinesscraft.com/forum/threads/work-act.17751/
   3. https://mcbusinesscraft.com/forum/threads/crime-reform-act.17525/
   4. https://mcbusinesscraft.com/forum/threads/property-law-enactment-bill.17453/
   5. https://mcbusinesscraft.com/forum/threads/the-weed-act-amendment-bill.16086/
   6. https://mcbusinesscraft.com/forum/threads/impound-vehicle.11564/#post-51696
2. Amend all instances of the word “Minister of Justice” to “Minister of Homeland Security” in the following bills:
   1. https://mcbusinesscraft.com/forum/threads/turn-yourself-in-act.17855/

Written by Colonel Kai and Ryan on behalf of the People of Stratham.