Prosecutorial & Accountability Act of 2016

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Laos_Macen
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Prosecutorial & Accountability Act of 2016

Post by Laos_Macen » Mon Apr 11, 2016 1:17 am

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Prosecutorial & Accountability Act of 2016


Author: Darnell Murphy, Lance Richmond

Sponsor: Anthony Guidone, Jesse Styles, Frank Vaughn, Samuel Bowman

ACT NO. XXX-YY

An Act to establish the duties and powers of the Office of the District Attorney.


THE PEOPLE OF THE STATE OF SAN ANDREAS
DO ORDAIN AS FOLLOWS:



Section 1. Definitions.
  1. “Accused” refers to any person accused of any crime.
  2. “Internal Affairs Complaint” refers to the procedure by which an individual contests charges through the respected Law Enforcement Agency.
  3. "Attorney General's Office" refers to the Attorney General and the office he holds. The Attorney General Office consists of the Deputy Attorney General(s) who may act on its behalf.
  4. "Post-Arrest" refers to anything after an arrest is made by a Law Enforcement Agency
  5. "Nolle Prosequi" refers to a formal notice of abandonment by a prosecutor of all or part of a suit or action.



Section 2. Appointment and Qualifications
  1. The District Attorney is nominated by the Attorney General's Office and confirmed by the State Senators.
    1. Voting shall last three days.
    2. Senators may vote yea, nay or abstain.
    3. The position shall be confirmed if at least half the votes are in favor.
    4. The nomination process shall be repeated when a serving District Attorney is replaced, either through resignation or removal. (( This will be ignored if the District Attorney name-changes whilst in office. ))
  2. A person appointed to the position of District Attorney shall be:
    1. A United States citizen; and
    2. An attorney licensed to practice law in the state of San Andreas.

Section 3. Jurisdiction
  1. The District Attorney has complete jurisdiction over the State of San Andreas.
Section 4. Office of the District Attorney
  1. The Office of the District Attorney shall be led by the District Attorney.
  2. The District Attorney may appoint Assistant District Attorney(s) who shall act under their direction and perform the same duties.
  3. The Attorney General's Office may act as the District Attorney and its office whenever necessary and shall have full binding powers as the Office of the District Attorney and the District Attorney.

Section 5. Duties and Powers of the District Attorney
  1. The Office of the District Attorney shall have primary authority to deal with all criminal charges post-arrest and may Nolle Prosequi, reduce criminal charges, or pursue charges on behalf of the state.
    1. Law Enforcement agencies shall have secondary authority and may drop charges on individuals at their discretion so long as the case has not been accepted by the San Andreas Courts.
  2. The Office of the District Attorney shall base all of its decisions on the best interests of law and justice.
  3. The District Attorney may:
    1. Initiate his/her own investigation and institute proceedings for the violation of any state legislation;
    2. Act as legal counsel to the state, city, or state agencies in civil matters should the agency have no personal defense attorneys available; and
    3. Perform all other duties and responsibilities as required by law.

Section 6. Post-Arrest Procedures
  1. Civilians who desire to contest charges through the courts shall notify the Law Enforcement Agency in their Internal Affairs Complaint.
    1. Law Enforcement Agencies shall notify the Office of the District Attorney forthwith about any charges where the accused contend to go to the courts.
  2. Civilians arrested on any criminal charges may petition the Office of the District Attorney to review their charges.
    1. Civilians who appeal directly to the Office of the District Attorney give up their right to petition any legal action through the courts including against any Law Enforcement Agency.



    This bill, if passed, shall come into effect seven (7) days after being signed.

    I hereby certify that the foregoing ordinance was passed by the Legislature of the State of San Andreas, at its meeting on this 10th day of April, 2016
      Laos Mason
      State Clerk

    Approved on this 10th day of April, 2016
      Frank Vaughn
      Mayor of Los Santos and its associated, unincorporated counties

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