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Bill: Proposed Police Brutality Act

fauzfauzfauz

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Author: Fauz Wolfe MP
Sponsor: N/A
Type: Act of Parliament

A
BILL
TO
PROTECT AGAINST POLICE BRUTALITY

Preamble: This act list crimes persons holding an officer position in the police department may commit. Note that this act is not a complete list of crimes in general, but rather just a list of major offenses that a person in such a position of power could commit. In addition, this act does not cover lesser offenses, for example, improper documentation of a crime. Any offense falling under the category of lesser crimes shall be handled accordingly in-department, with punishments/reprimands to be issued by the Minister of Justice.

1. Definitions
(a) “Officer” shall be defined as any person with a job in the police force that puts them in such a position of power, including Trainee, Officer, Sergeant, Captain, Deputy Chief, Chief, Deputy Minister, and Minister of Justice.

(b) “Person” shall be defined as any person, regardless of identity, citizenship, nationality, or any other defining categories.

(c) “Weapon” shall be defined as any object that can inflict harm on another person. This includes but is not limited to firearms, tasers, swords, bows, and fists, while “Discharge of a Weapon” shall be defined as the use of said weapon.

(d) “Jailing” shall be defined as the act of putting someone into any area, government established or private, that can be used to imprison a person.

(e) “Police Brutality” shall be defined as an any of the below offenses committed while on duty.

2. Major Offenses
This category is one that lists major infractions. The Minister of Justice will assess each allegation unbiasedly, and investigate accordingly. The punishments listed for the offenses are to be administered in addition to any other corresponding punishments for separate crimes when applicable. For example, if an Excessive Use of Force charge also warrants the punishments for a Murder charge.

(a) Unlawful Use of Handcuffs
(i) This shall be defined as the unlawful and intentional use of handcuffs on a person without permission or the proper evidence to do so.
(ii) If found guilty, the officer will receive a warning and a fine up to $500.
(iii) Per a subsequent incident, the officer will face suspension and doubled fines.
(iv) If another incident occurs, the officer will face termination.
(v) Deviation from this procedure may be warranted depending on the severity of the incident and the rank of the officer(s) involved.

(b) Unlawful Imprisonment
(i) This shall be defined as the unlawful and intentional jailing of a person without permission or the proper evidence to do so.
(ii) If found guilty, the officer will receive a warning, and a fine up to $500.
(iii) Per a subsequent incident, the officer will face suspension and doubled fines.
(iv) If another incident occurs, the officer will face termination.
(v) Deviation from this procedure may be warranted depending on the severity of the incident and the rank of the officer(s) involved.

(c) Excessive Use of Force
(i) This shall be defined as using an excessive amount of force than is appropriate for a situation, for example, through the discharge of a weapon.
(ii) If found guilty, the officer will receive a warning, and a fine up to $500.
(iii) Per a subsequent incident, the officer will face suspension and doubled fines.
(iv) If another incident occurs, the officer will face termination.
(v) Deviation from this procedure may be warranted depending on the severity of the incident and the rank of the officer(s) involved.

(d) Improper Use of Authority
(i) This shall be defined as the misuse of the authority that comes with the officer position, for example, unnecessary intimidation.
(ii) If found guilty, the officer will receive a warning, as well as a fine up to $100.
(iii) Per a subsequent incident, the officer will face suspension and doubled fines.
(iv) If another incident occurs, the officer will face termination.
(v) Deviation from this procedure may be warranted depending on the severity of the incident and the rank of the officer(s) involved.

3. Investigation Process
(a) For any allegation made, an investigation must be launched to determine the next steps
(i) The Minister of Justice or investigating party must approach each allegation with due diligence, regardless of the legal standing of the accuser.
(ii) The Minister or investigating party will interview the accuser and review any evidence they may have thoroughly
(iii) If the evidence is valid and supports the allegation, the Minister or investigating party will move forward with the punishments, depending on the severity.

4. Delegation of Investigation
(a) In a situation where the Minister of Justice is the subject of an allegation, the investigative process must be delegated to an unbiased government official or officials, for example, another Minister.

Enactment: This Act comes into force immediately upon royal assent.
 
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