A Bill to Allow Leniency for Arrest

Legislature State Legislature
1

A Bill to Allow Leniency for Arrest

BE IT ENACTED BY THIS CONGRESS HERE ASSEMBLED THAT

SECTION ONE: Definitions

Section 2: Section 2 of “A Bill to Fix False Arrest” currently states: Section 2: False Arrest shall be defined as the act of a law enforcement officer arresting an individual for an offense that isn’t unlawful, the wrong offense, for arresting an individual for an offense they clearly didn’t commit, or either undertiming or overtiming the arrestee for the charge(s) being used for the arrest.
B: Arrest shall be defined as the act of a law enforcement officer holding an individual in custody, with a probable cause, for breaking the law, or for an offense that the suspect has committed.
C: Probable cause shall be defined as knowing that someone has committed, is committing, or will commit a crime based on facts and evidence.
D: A law enforcement officer shall be defined as a member of the Stapleton County Sheriff’s Office, Firestone State Patrol, Department of Homeland Security, Department of Corrections, or any other agency with the power to make arrests.
E: False Arrest, under this act, shall not be misconstrued as a criminal offense. Citizens (or an attorney in their stead) shall have the right to file civil litigation for this offense.
F: Arrestee, under this act, shall be defined as an individual being put under an official arrest by anyone with legal authority to execute arrest.
G: Undertiming and overtiming, under this act, shall be defined as the act of failing to achieve the legal amount of seconds permitted by each respective legislation of each charge during an arrest. Whereas, undertiming shall be used for those who go below that permitted limit, overtiming shall be used for those who go above that permitted limit.”

Section 3: The aforementioned section shall be amended to state: "False Arrest shall be defined as the act of a law enforcement officer arresting an individual for an offense that isn’t unlawful, the wrong offense, for arresting an individual for an offense they clearly didn’t commit, or either undertiming or overtiming the arrestee for the charge(s) being used for the arrest.
B: Arrest shall be defined as the act of a law enforcement officer holding an individual in custody, with a probable cause, for breaking the law, or for an offense that the suspect has committed.
C: Probable cause shall be defined as knowing that someone has committed, is committing, or will commit a crime based on facts and evidence.
D: A law enforcement officer shall be defined as a member of the Stapleton County Sheriff’s Office, Firestone State Patrol, Department of Homeland Security, Department of Corrections, or any other agency with the power to make arrests.
E: False Arrest, under this act, shall not be misconstrued as a criminal offense. Citizens (or an attorney in their stead) shall have the right to file civil litigation for this offense.
F: Arrestee, under this act, shall be defined as an individual being put under an official arrest by anyone with legal authority to execute arrest.
G: Undertiming and overtiming, Under this act, shall be defined as the act of failing to achieve the legal amount of seconds permitted by each respective legislation of each charge during an arrest. Whereas, undertiming shall be used for those who go below that permitted limit, overtiming shall be the act of submitting an arrest time greater than that of the prescribed statutory maximum for a respective offense, or offenses collectively in regards to multiple arrest offenses.”

Section 4: Section 2 of “A Bill to Recognize False Citations” currently states: "A false citation shall be defined as: (The act of a law enforcement officer giving another individual a citation for a traffic violation or recognized crime (that is only applicable for citations) that the individual did not commit or either undercharging or overcharging the individual receiving the citation. Undercharging shall be defined as the act of issuing a monetary value for a citation that is under the legal limit permitted by the charge’s legislation. Overcharging shall be defined as the act of issuing a monetary value for a citation that is over the legal limit permitted by the charge’s legislation.). It shall count as a false citation if a law enforcement officer gives a citation to another individual without probable cause (an officer knowing that an individual has committed a crime since that he or she saw it be committed or by having received sufficient evidence of the crime an individual committed. All arrests and citations conducted by law enforcement officers shall require probable cause), meaning that the law enforcement officer needs to see the individual commit the crime in order to know that the crime was committed by the said individual.”

Section 5: Section 2 of the aforementioned legislation shall be amended to state: "A false citation shall be defined as: (The act of a law enforcement officer giving another individual a citation for a traffic violation or recognized crime (that is only applicable for citations) that the individual did not commit or either undercharging or overcharging the individual receiving the citation. Undercharging shall be defined as the act of issuing a monetary value for a citation that is under the legal limit permitted by the charge’s legislation. Overcharging shall be defined as the act of issuing a monetary value for a citation that is over the legal limit permitted by the charge’s legislation.). It shall count as a false citation if a law enforcement officer gives a citation to another individual without probable cause (an officer knowing that an individual has committed a crime since that he or she saw it be committed or by having received sufficient evidence of the crime an individual committed. All arrests and citations conducted by law enforcement officers shall require probable cause), meaning that the law enforcement officer needs to see the individual commit the crime in order to know that the crime was committed by the said individual.”

Section 6: For the purposes of this legislation, text struck through shall be clarified as removed entirely.

Section 7: This act shall take effect immediately upon being passed by both houses of Congress and signed into law by the Governor (or via veto override and/or three day bypass).

Section 8: All law enforcement agencies with the power to arrest and cite shall enforce this act, as well as the judiciary.

Chief Sponsor:
DannyboyLaw, esq. Representative

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