IN THE HOUSE OF REPRESENTATIVES
AUGUST 26, 2023
Accountability in Government Office Act
Be it enacted by the Senate and House of Representatives of the State of Firestone in Congress assembled,
SECTION 1 - SEVERABILITY AND ENACTMENT
(a) This bill shall enter into effect immediately after passage through the constitutionally required processes.
(b) Should any part of this bill be struck down or declared unenforceable, then that part of the bill shall be considered severed from this bill, and the rest shall remain in full force.
SECTION 2 - DEFINITIONS
(a) For the purposes of this act—
(b) the Firestone Criminal Code shall be defined as the Firestone Criminal Code.
SECTION 3 - CORRUPTION
(a) Chapter 6, section 11 of the Firestone Criminal Code, which is titled “Felony Corruption” shall be considered null and void.
(b) Chapter 6 of the Firestone Criminal Code shall be amended in the following manner:
(1) Chapter 6, section 10 of the Firestone Criminal Code currently states as follows:
(a) The act of corruption shall be recognized as an unlawful criminal offense within the State of Firestone.
(a1) Corruption shall be the act of immorally misusing or abusing a government office, as prescribed by law, for personal gain.
(2) Chapter 6, section 10 of the Firestone Criminal Code shall be amended to state as follows:
(a) The act of corruption shall be recognized as an unlawful criminal offense within the State of Firestone.
**(b) For the purposes of this section, the term “government office” means any position in a government agency, department, or otherwise any government organization empowered with official government duties, but not Members of Congress. Additionally, strictly for the purposes of this section, any person who has received a nomination or official promise of appointment to a government office shall be considered a holder of government office.
(c) For the purposes of this section, the term “interest group” means any organization, group or party from which a holder of government office derives personal gain, but not the public at large or a group to which the office is generally directed.
(d) Corruption shall be defined as the act of misusing or abusing the status or power of a government office for personal gain, or the gain of an affiliate or friend, or the gain of any interest group.
(e) Misprision of corruption or bribery under the criminal code shall also be corruption.**
(c) Chapter 6, section 10 of the Firestone Criminal Code shall be reclassified as a class C felony.
SECTION 4 - BRIBERY
(a) Chapter 6 of the Firestone Criminal Code shall be amended in the following manner:
(1) Chapter 6, section 12 of the Firestone Criminal Code currently states as follows:
(a) The act of bribery shall be recognized as an unlawful criminal offense within the State of Firestone.
(a1) Bribery shall the act of taking part in, or attempting to take part in, an exchange of goods, currency, or anything of reasonable value to the subject being bribed, by a subject in exchange for an official of the Firestone Government, and all of its subsidiaries thereof, to neglect or otherwise fail to execute their duties, as prescribed by ethical and legal standards."
(2) Chapter 6, section 12 of the Firestone Criminal Code shall be amended to state as follows:
(a) The act of bribery shall be recognized as an unlawful criminal offense within the State of Firestone.
(a1) Bribery shall the act of taking part in, or attempting to take part in, an exchange of goods, currency, or anything of reasonable value to the subject being bribed, by a subject in exchange for an official of the Firestone Government, and all of its subsidiaries, to neglect or otherwise fail to execute their duties, or to otherwise perform a government action that benefits the person offering the bribe or any subject of the action in a manner contrary to ethical and legal standards.
SECTION 5 - ENFORCEMENT
(a)
(1) The Attorney General⸺
(A) Shall, through the Firestone Bureau of Investigations and Department of Justice, be empowered to investigate and prosecute matters of corruption and bribery throughout the State of Firestone in the Courts thereof.
(B) May issue any subpoena for materials or communications related to an investigation involving corruption or bribery to any person or entity, except the Courts or Congress, in the State of Firestone, subject to the Constitution and Bill of Rights. Such a subpoena must clearly include⸺
(i) A demonstration of probable cause that the person or entity being subpoenaed has some knowledge of, or materials or communications pertaining to, that particular investigation;
(ii) A description of the materials or communications, or type of materials or communications, which are subpoenaed; and
(iii) A time period, of no less than 72 hours, in which the requested materials or communications must be delivered.
(2)
(A) Any such person or, in the case of an entity, the principal actor involved or principal officer thereof, as may be the case, who fails to comply with a lawful subpoena issued under paragraph (1)(B) within the given time period, or attempts to subvert such a subpoena or a portion thereof, shall be guilty of obstruction of justice. A criminal prosecution commenced under this subparagraph shall be dismissed if the subpoena would be unlawful under subparagraph (B)(i).
(B)
(i) Notwithstanding subparagraph (A), an individual may, during the specified time period, demand a hearing before a competent Court of the State as to the validity of the subpoena and/or whether or not the subject of it has a legitimate claim to not comply with the subpoena or a portion thereof. The judicial officer shall hold that⸺
(I) The subpoena is unlawful only if it does not meet the criteria listed in paragraph 1(B); or
(II) The subject need not comply with the whole or a portion thereof, only if there is a legitimate and affirmative exercise of rights under the Constitution or Bill of Rights, or the particular information sought, that prevents them from being required to answer the subpoena or the portion thereof. Otherwise, a subpoena shall be held as lawful and must be answered.
(ii) Should a hearing under the prior subsection be demanded, the specified time period shall be halted and shall continue only once the judicial officer issues an order.
(iii) The judicial officer may direct the subject to submit the requested materials or communications for review in camera, which shall not be entered into the record and shall remain confidential.
(b) The Attorney General may commence a civil action in order to enjoin any corrupt act, or for any other equitable relief as may be appropriate.
(c) No person convicted of corruption or bribery and having an unexpunged record of such may hold, or seek election to, any civil office under the State of Firestone or its subsidiaries.
CHIEF SPONSOR
Representative SwedishVic
COSPONSORS
Representative FinleyFraser12345
Solicitor General dadudeds