Bill: Vote Private Property Protection Act

[Rookieblue14]

A
BILL
To

Establish Private Property Protections​

The people of the Commonwealth of Redmont, through their elected Representatives in the Congress and the force of law ordained to that Congress by the people through the constitution, do hereby enact the following provisions into law:

1 - Short Title and Enactment

(1) This Act may be cited as the 'Private Property Protection Act.'

(2) This Act shall be enacted immediately upon its signage.

(3) This Act has been authored by Representative Rookieblue14.

(4) This Act has been co-sponsored by Senator Anthony_org.

2 - Reasons

1. The Public Property Act currently only provides some protections preventing Police Officers from access to private property, but not any other government agent.
2. The Public Property Act also does not provide sufficient protections for residential areas, which should have a much higher level of protection from government entrance.
3. Lastly, the ability of a property owner to ban individuals from their property by name, even when they are acting in their official capacity, provides an untenable level of protection to criminals.

3 - Repealed Laws

1. Public Property Act

4 - Terms

1. A government official acting in their official capacity may enter any non-residential property that is open to the general public.
   1. Open to the general public is signaled by the property not being secured by locked doors or otherwise barricaded.
2. A government official acting in their official capacity may enter the exterior land of any residential property that is open to the public, such as an unsecured yard.
3. Government officials are prohibited from entering any enclosed residential structures without the consent of the owner/renter of the property, or a valid warrant issued by the Judiciary.
4. A government official acting in their official capacity is exempt from the crime of trespass if they are otherwise banned from property open to the public.
   1. A government official is considered acting in their official capacity if they are performing duties for their role, such as conducting a building inspection, attempting to apprehend a criminal, responding to a medical emergency, etc.
   2. If a government official engages in activities that are outside of their official duties while on a property they otherwise would be banned from, they may be prosecuted for trespass.

 

[Franciscus]

Voting Nay pending HR.96.33 and HR.97.33, per my rationales given there.