Bill: Draft Public Authority Offences and Defences Amendment Act

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A
BILL
To

Amend the Criminal Code Act​

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 'Public Authority Offences and Defences Amendment Act'.
(2) This Act shall be enacted immediately upon its signage.
(3) This Act has been authored by ToadKing.
(4) This Act has been co-sponsored by PoS Omegabiebel.

2 - Reasons
(1) To allow offences in the Criminal Code to specify affirmative defences, clear exceptions, and amend current offences with the new language.
(2) To close a loophole that allowed bribing police officers to escape prosecution and ensure the bribery offence covers all exercises of public authority, not just those involving "legal capacity."
(3) To replace the vague definition of corruption with a clearer offence of abuse of power.
(4) To create accountability for public officials who follow manifestly illegal orders, with a new indictable offence.

3 - Amendments
(1) Section 4 of the Criminal Code Act shall be amended as follows:

"4 - Additions to the Code
(1) Additions are to be formatted in accordance with the code standard formatting.

(#) Offence Name

Offence Type: Indictable/Summary

Penalty: Various options.
(a) Up to x amount of imprisonment or penalty units
(b) x amount of imprisonment or penalty units or disqualification period
(c) First, Second, Subsequent offence list
(d) All separated by a semi-colon.

A person commits an offence if the person:
(a) establish the legal test for your offence

It is a defence to a charge under this section if the person:
(a) establish the legal test for your defence

This offence shall not occur where:
(a) establish the legal test where it is not an offence

Relevant Law:
(a) This section consists of links to relevant laws to provide linkage between offences and the acts they derive from (if applicable). Clerks can add or remove relevant laws as required.
(b) Clerks can add or remove significant common law verdict links to the relevant law section.
(c) Changes to this section are informative and are actionable without legislative authority for cases/laws which are relevant."

(2) Section 6(8) of PART I: INTERPRETATION AND APPLICATION of the Criminal Code Act shall be amended as follows:

"(b) High Crimes excepted from the time constraints of the Statute of Limitations include:
(i) Corruption Abuse of Power
(ii) Whistleblower Anonymity Violation
(iii) Electoral Fraud
(iv) Treason
(v) Political Espionage
(vi) Breach of Integrity
(vii) Bribery
(viii) Whistleblower Suppression"

(3) Section 1 of PART II: PROPER ADMINISTRATION OF GOVERNMENT of the Criminal Code Act shall be amended as follows:

"1 - Corruption
Offence Type: Indictable
Penalty: Up to 250 Penalty Units; Up to 2 months disqualification from public office
A person commits an offence if the person:
(a) uses a government position to gain an unfair advantage for oneself or another, inconsistent with official duty.
Relevant Law:

1 - Abuse of Power
Offence Type: Indictable
Penalty: Up to 250 Penalty Units; Up to 2 months disqualification from public office
A person commits an offence if the person:
(a) exercises any power, function, or duty vested in them by virtue of their position as members of the Executive, Legislative, or Judicial branches, or employee of a government agency, in contravention of the law; and
(b) either:
(i) knows that the exercise of power is unlawful; or
(ii) acts with reckless disregard as to whether the exercise of power is lawful; or
(iii) acts negligently where a reasonable person in their position would have known the exercise of power was unlawful and should have sought legal advice in good faith before acting.
It is a defence to a charge under this section if the person:
(c) sought legal advice in good faith from a qualified legal practitioner prior to exercising the power; and
(d) reasonably relied on that advice.
Relevant Law:"

(4) PART II: PROPER ADMINISTRATION OF GOVERNMENT of the Criminal Code Act shall be amended by adding the following new section:

"9 - Following a Manifestly Illegal Directive
Offence Type: Indictable
Penalty: Up to 100 Penalty Units; Up to 1 month disqualification from public office
A person commits an offence if the person:
(a) acts in an official capacity; and
(b) follows a directive or order that is clearly and obviously contrary to law, such that a reasonable person in that official capacity would recognise it as unlawful.
Relevant Law:"

(5) Section 5 of PART II: PROPER ADMINISTRATION OF GOVERNMENT of the Criminal Code Act shall be amended as follows:

"5 - Bribery
Offence Type: Indictable
Penalty: Up to 250 Penalty Units; 30 min imprisonment; Up to 2 months disqualification from office
A person commits an offence if the person:
(a) offers, gives, solicits, or receives an item or service of value to influence an individual holding public office or serving in a legal capacity.
(a) offers, gives, solicits, or receives an item or service of value to influence:
(i) an individual employed by, appointed to, or elected to serve in any capacity within the government of the Commonwealth of Redmont;
(ii) an individual serving in a legal capacity;
(iii) a public official in the exercise of their official duties; or
(iv) a law enforcement officer in the performance of their law enforcement functions.
Relevant Law: Act of Congress - Commercial Standards Act"

(6) The following sections of PART VIII: PROPERTY OFFENCES of the Criminal Code Act shall be amended as follows:

"25 – Theft
Offence Type: Summary
Penalty: 10 Penalty Units and 10 minutes imprisonment; Restitution of the property or its value.
A person or legal entity commits an offence if that person or legal entity:
(a) takes property belonging to another without consent; and
(b) intends to:
(i) permanently deprive the owner of it; or
(ii) use it without authorization.
Exceptions:
(c) This offence shall not occur in cases where:
(c) The taker reasonably believed they had the owner’s consent; or
(d) The property was abandoned; or
(e) The taking of property was otherwise authorized by law.
Relevant Law: Theft Criminalization Act

26 – Theft from Containers
Offence Type: Summary
Penalty:
(a) First offence — 10 Penalty Units; 10 minutes’ imprisonment; Restitution of the property or its value;
(b) Second offence — 15 Penalty Units; 15 minutes’ imprisonment; Restitution of the property or its value;
(c) Subsequent offences — 20 Penalty Units; 20 minutes’ imprisonment; Restitution of the property or its value.
A person commits an offence if the person:
(d) takes an item directly from a container they do not own or control, without the owner’s consent.
Exceptions:
(e) This offence shall not occur in cases where:
(e) The taker reasonably believed they had the owner’s consent, or
(f) The taking of property was otherwise authorized by law.
Relevant Law: Theft Criminalization Act

27 – Interference with a Private Chestshop
Offence Type: Indictable
Penalty: Up to 50 Penalty Units; up to 30 minutes imprisonment, in addition to mandatory restitution of the item(s) or their value.
A person commits an offence if the person:
(a) obtains, attempts to obtain, or enables another to obtain items or money from a private chestshop without the owner’s consent by lockpicking (as defined in the Criminal Terminology Act); or
(b) accesses an employee-only chestshop or a chestshop configured with non-public pricing or access (e.g., $0 purchase price or whitelist/employee access) by:
(i) Entering through a locked door or restricted area without permission; or
(ii) Circumventing access controls and/or lockpicking; or
(c) directly obtaining items from a private chestshop’s backing container without the use of legitimate chestshop transactions and without consent of that chestshop’s owner.
Exceptions:
(d) This offence shall not occur in cases where:
(d) The taker reasonably believed they had the owner’s consent, or
(e) The taking of property was otherwise authorized by law.
Relevant Law: Theft Criminalization Act

29 – Extortion
Offence Type: Indictable
Penalty: Up to 500 Penalty Units and 120 minutes imprisonment, in addition to mandatory restitution of the item(s) or their value.
A person or legal entity commits an offence if that person or legal entity (the “actor”):
(a) compels or induces another individual or entity to deliver funds or other property to the actor’s self or to a third person by means of instilling in that individual or entity a fear that, if the property is not so delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting an offense under the Criminal Code Act; or
(iv) Accuse some person of a crime or cause criminal charges to be instituted against that person; or
(v) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
(vi) Cause a collective labor action, such as a strike, that is injurious to some person’s business or some government agency; except that such a threat shall not be deemed extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act; or
(vii) Testify or provide information, or withhold testimony or information, with respect to another's legal claim or defense; or
(viii) Use or abuse actor’s position as a public servant by performing some act within or related to the actor's official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
(ix) Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to such other person's health, safety, business, calling, career, financial condition, reputation, or personal relationships;
Exceptions:
(b) This offence shall not occur in cases where:
(b) The funds or property sought by the actor are the lawful funds or property of the actor, and the offense would otherwise occur under clause (a)(iv-vii); or
(c) The actor is a lawyer representing an individual or legal entity seeking funds or property lawfully owed to that individual or legal entity, and the offense would otherwise occur under clause (a)(iv-vii).
Relevant Law: Theft Criminalization Act"

(7) The following sections of PART IX: MISCELLANEOUS OFFENCES of the Criminal Code Act shall be amended as follows:

"3 - Academic Misconduct
Offence Type: Summary
Penalty:
1st Offence - 1 Penalty Unit
Subsequent Offences - 5 Penalty Units
A person commits an offence if the person:
(a) solicits answers to DOE-administered exam questions.
This offence shall not occur where:
(b) The person has already been convicted of Breach of Academic Integrity for the same offence.
Relevant Law:

4 - Breach of Academic Integrity
Offence Type: Summary
Penalty: 20 Penalty Units
A person commits an offence if the person:
(a) gives or sells answers to DOE-administered exam questions; or
(b) purchases or receives cheated answers and uses them in a DOE-administered exam. Anyone charged with Breach of Academic Integrity may not be simultaneously charged with Academic Misconduct for the same Offence.
Relevant Law:

6 - Involuntary Servitude
Offence Type: Indictable
Penalty: Up to 250 Penalty Units; up to 120 minutes imprisonment
A person commits an offence if the person:
(a) coerces another individual, organisation, or entity into performing labour or services against their will, through manipulation, threats (explicit or implicit), violence, or blackmail; or
(b) or the individual justifiably feels compelled to perform such services due to such coercion.
(c) except where the labour or service is part of a lawful criminal penalty.
This offence shall not occur where:
(c) The labour or service is part of a lawful criminal penalty.
Relevant Law:"