An Act to Simplify False Arrest and False Citation
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
Preamble: Our current legislation for false arrest and false citations are confusing and difficult to follow.
SECTION 1: An Act to Simplify False Arrest and False Citation and all other consequent amendments shall be declared null and void.
SECTION 2: Any individual who believes they were subjected to a false arrest or false citation as recognized per this act shall retain the right to file civil litigation against the responsible law enforcement officer(s) in the Firestone Courts.
SECTION 3: False Arrest shall be defined as the act of a law enforcement officer:
(3a.) arresting an individual for an offense that isn’t recognized by law;
(3b.) arresting an individual for an offense when probable cause does not exist;
(3c.) or overtiming the arrestee for the charge(s) being used for the arrest.
(3d) Knowingly arresting an individual twice for same incident of unlawful behavior. An incident of unlawful behavior shall not carry a prison sentence that exceeds 900 seconds, this shall not apply to future warrants and sentences imposed by the court
**SECTION 3.1:**All arrests conducted by law enforcement officers shall require probable cause.
SECTION 4: A false citation shall be defined as the act of a law enforcement officer:
(4a.) issuing an individual a citation for an unrecognized traffic violation or crime;
(4b.) issuing an individual a citation for a traffic violation or crime when probable cause does not exist;
(4c.) or overcharging the individual receiving the citation.
SECTION 4.1: All citations conducted by law enforcement officers shall require probable cause.
SECTION 5: Upon a law enforcement officer being convicted of false arrest or false citation in the Firestone Courts, the plaintiff shall be entitled to punitive damages in accordance with “An Amendment to Reassess Civil Suit Repercussions”. In the event the law enforcement officer is no longer employed within the law enforcement agency, they shall still be responsible and subject to punishments deemed appropriate and suitable by the court.
SECTION 6: Whereas a Law Enforcement Officer misspells an offense or charge during the filling of an arrest report, the misspelled charge(s) or offense(s) shall be recognized as the closest offense the officer was trying to write down.
SECTION 7: DEFINITIONS:
(7a) Arrest shall be defined as the act of a Law Enforcement Officer (or anyone with the power to arrest defined in legislation) incarcerating an individual.
(7b) Citation shall be defined as the act of a Law Enforcement Officer (or anyone with the power to arrest defined in legislation) issuing a written order to an individual for a traffic violation where the individual is obligated to pay a fine.
(7c) 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 by law to make arrests or issue citations.
(7d) False Arrest, under this act, shall not be misconstrued as a criminal offense.
(7e) Arrestee, under this act, shall be defined as an individual being put under an official arrest by anyone with legal authority to execute arrest.
(7f) Under this act, 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.
(7g) 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 statute.
(7h) For the purposes of this legislation “probable cause” shall be defined as: facts and evidence based on a totality of circumstances leading a reasonable law enforcement officer to believe a crime has been committed.
SECTION 8: This shall go into effect immediately upon completion of the constitutional process required.
SECTION 9: Should any part of this legislation be declared unconstitutional or otherwise struck down, the rest shall remain in effect unless all is struck down or declared unconstitutional.
Respectfully submitted to the Congress of the State of Firestone,
Chief Sponsor
Senator Code_Law