[026-18] The Sex Offenders Act of 2018

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[026-18] The Sex Offenders Act of 2018

Post by Flemwad » Thu Nov 01, 2018 1:39 pm

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SUBMITTED BY: Senator Underhill
SPONSORED BY: Mr. Charles Moreno, Ms. Claudia Martinez, LSPD Chief Aziz Nazari, Mr. John Winnfield, Ms. Juliette Navaiux
SENATE BILL N° 026-18






An act to protect the public from sexual offenders and to reduce the risks of minors getting hurt.


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

  • Section 1. DEFINITIONS
    1. Sexual Offense - A crime committed against any person(s) which is of a sexual nature, whether violent or non-violent.
    2. Sex Offender - Any person(s) who is convicted of a felony relating to a sexual offense.
    3. Victim - Any person(s) who is the victim of a sexual offense.
    4. Minor - Any person(s) who is under the age of 18 years old.
    5. Register - A public database which contains registered Sex Offenders.
    Section 2. REGISTRATION OF SEX OFFENDERS
    1. Any person(s) who is convicted of a sexual offense, that is classed as a felony in accordance with the penal code, shall be classed as a Sex Offender and, therefore added to a register.
    2. The Sex Offender will be legally obligated to sign the register once a month and must declare any changes of address, marital status and employment situation.
    3. It will also be added to the Mobile Data Computer (MDC) that an individual is a Sex Offender.
    4. The public register will be available for all residents of the State of San Andreas to view and will only list the name and charges the Sex Offender was convicted for, as well as what date.
    5. Any Sex Offender who wishes to be removed from the register must petition the Courts of San Andreas and prove they have reformed, with evidence to support their claim.
    Section 3. CRIMES INVOLVING MINORS
    1. If a person(s) is classed as a Sex Offender, any minor for which they are the parent or guardian for, shall be removed from their care and placed into the custody of the Child Protection Services (CPS), or any other agency or person(s), which is delegated by the Los Santos Fire Department.
      • A Sex Offender who wishes to conduct a meeting with a minor he was previously a guardian for may only do so if they are removed from the public register.
      • A Sex Offender who was charged with any minor-related charges who wishes to conduct a meeting with a minor he was previously a guardian for may only do so if they are removed from the public register.
    2. If a relative or any otherwise person(s) wishes to take the minor into care, then this must be petitioned through the Courts of San Andreas with the full consent of the victimized minor.
    3. A registered Sex Offender will be restricted from being within 100 feet of a minor, maintaining any social media account or engage in online chats.
    4. A registered Sex Offender will be prevented from being employed in a field of work which involves interaction with minors, this restriction includes the subject of employment in a public or private transportation work as well.
    5. A person charged with any Sexual Offense against a minor shall be prohibited from living within 2,000 feet of a vehicular path, of any public or private educational establishment such as kindergartens and schools, in addition - any public park or a location which is known to regularly gather minors.
      • A relief from this restriction can be granted upon agreement from the Courts of San Andreas, and only in case of the unavailability of housing within his area of residency which was authentically proven by the registered person.
      Section 4. MAINTENANCE OF THE PUBLIC REGISTER
      1. The Courts of San Andreas shall be the responsible agency for adding individuals to the public register as well as adding information to the MDC.
      2. The Department of Justice (DOJ) shall be the responsible agency for receiving, updating and making changes to the public register.
      3. Any Sex Offender who fails to sign the register shall be issued a warrant by the Courts of San Andreas for '(4)03. Contempt of Court'.
      Addendum 1. DUE PROCESS & CLARIFICATION
      1. Any person(s) who is arrested for a Sexual Offense that is classed as a felony and or misdemeanor, shall be brought in front of the Courts of San Andreas, to be prosecuted.
      2. If the accused person(s) requests legal counsel, and neither a Public Defender or their own counsel are available, then they shall be convicted and incarcerated and added to the public register. They must then seek legal counsel to challenge the charges.
      3. If a Judge is not immediately available, the person(s) shall be incarcerated and the District Attorney's Office shall file a petition to the Courts of San Andreas, for them to be added.
      4. If a Sex Offender is removed from the public register then the restrictions under Section 3 shall no longer be imposed.



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      Carl Duncan
      Lieutenant Governor of San Andreas









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