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kendrick

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Posts posted by kendrick

  1. 31 minutes ago, 30PiecesOfSilver said:

    What's the current stance on the decriminalization of marijuana, not legalizing it but instead having it seized and with possible fines for public consumption of marijuana? Obviously for high amounts that would still be considered intent of distribution but for any amount under 1 ounce shouldn't get anyone sent to prison/jail? I think that fully legalizing would be something that could be done by governments In Character, but since this is 2022 I feel like the least we could do is decriminalize it? It would fuel role-play more and increase the sales of marijuana on the server and be a more realistic approach to marijuana? Of course a minimum age should be added so minors caught would get some kind of punishment?

    Marijuana is legal to possess up to an ounce for characters 21 and older.

     

     

    Quote

     

    314. Possession of Marijuana

    Possession of marijuana is legal except when:

    (a) A person is in possession of more than 28.5 grams is guilty of a misdemeanor, punishable by a sentence of 45 minutes.

    (b) A person under the age of 21 is in possession of up to 28.5 grams is guilty of a misdemeanor, punishable by a sentence of 30 minutes.

    (c) A person under the age of 18 is in possession of up to 28.5 grams shall be issued an infraction of $200.

     

     

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    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE VII - Local Government

     


     

    Sec. 1

    (a) The State is divided into counties which are legal subdivisions of the State. Formation or consolidation requires approval by a majority of electors voting on the question in each affected county. 

     

    (b) The Legislature shall provide for county powers, an elected county sheriff, an elected district attorney, an elected assessor, and an elected governing body in each county. Except as provided in subdivision (b) of Section 3 of this article, each governing body shall prescribe by ordinance the compensation of its members, but the ordinance prescribing such compensation shall be subject to referendum. The Legislature or the governing body may provide for other officers whose compensation shall be prescribed by the governing body. The governing body shall provide for the number, compensation, tenure, and appointment of employees.


    Sec. 2

    (a) For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. County charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter are the law of the State and have the force and effect of legislative enactments.

     

    (b) The governing body or charter commission of a county or city may propose a charter or revision. Amendment or repeal may be proposed by initiative or by the governing body.

     

    (c) An election to determine whether to draft or revise a charter and elect a charter commission may be required by initiative or by the governing body.

     

    Sec. 3

    County charters shall provide for:

    (a) A governing body of 5 or more members, elected (1) by district or, (2) at large, or (3) at large, with a requirement that they reside in a district. 

     

    (b) The compensation, terms, and removal of members of the governing body. Compensation may be prescribed by the governing body by ordinance.

     

    (c) An elected sheriff, an elected district attorney, an elected assessor, other officers, their election or appointment, compensation, terms and removal.

     

    (d) The powers and duties of governing bodies and all other county officers, and for consolidation and segregation of county officers, and for the manner of filling all vacancies occurring therein.

     

    (e) The fixing and regulation by governing bodies, by ordinance, of the appointment and number of assistants, deputies, clerks, attachés, and other persons to be employed, and for the prescribing and regulating by such bodies of the powers, duties, qualifications, and compensation of such persons, the times at which, and terms for which they shall be appointed, and the manner of their appointment and removal.

     

    (f) Charter counties shall have all the powers that are provided by this Constitution or by statute for counties.

     

    (g) A subpoena requiring the attendance of any witness before the governing body may be issued by the governing body. The procedures and rules to issue the subpoena are defined by the governing body’s prescribed standing rules.

     

    If any witness neglects or refuses to obey a subpoena, or appearing, neglects or refuses to testify, or to produce upon reasonable notice any material and proper books, papers or documents in his possession or under his control, he has committed a contempt.


    Sec. 4

    A county and all cities within it may consolidate as a charter city and county as provided by statute.

     

    A charter city and county is a charter city and a charter county. Its charter city powers supersede conflicting charter county powers.


    Sec. 5

    A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.

     

    Sec. 6

    English is the common language of the people of the United States of America and the State of San Andreas.

     

    Sec. 7 

    A local government body may not grant extra compensation or extra allowance to a public officer, public employee, or contractor after service has been rendered or a contract has been entered into and performed in whole or in part, or pay a claim under an agreement made without authority of law.

     

    A city or county, including any chartered city or chartered county, or public district, may not require that its employees be residents of such city, county, or district; except that such employees may be required to reside within a reasonable and specific distance of their place of employment or other designated location.

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    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE VI - Judicial

     


     

    Sec. 1

    The judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.

     

    Sec. 2

    The Supreme Court consists of the Chief Justice of San Andreas and 6 associate justices. The Chief Justice may convene the court at any time. Concurrence of 4 judges present at the argument is necessary for a judgment.

     

    An acting Chief Justice shall perform all functions of the Chief Justice when the Chief Justice is absent or unable to act. The Chief Justice or, if the Chief Justice fails to do so, the Senior Associate Justice shall perform the duties of the Chief Justice.

     

    Sec. 3

    The Judicial Council consists of the Chief Justice and one other justice of the Supreme Court, three judges of courts of appeal, 10 judges of superior courts, two nonvoting court administrators, and any other nonvoting members as determined by the voting membership of the council, each appointed by the Chief Justice for a three-year term pursuant to procedures established by the council; four nonvoting members of the State Bar appointed by its governing body for three-year terms; and one nonvoting member for each house of the Legislature appointed as provided by the house.

     

    Council membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy shall be filled by the appointing power for the remainder of the term.

     

    The council may appoint an Administrative Director of the Courts, who serves at its pleasure and performs functions delegated by the council or the Chief Justice.

     

    To improve the administration of justice the council shall survey judicial business and make recommendations to the courts, make recommendations annually to the Governor and Legislature, adopt rules for court administration, practice and procedure, and perform other functions prescribed by statute. The rules adopted shall not be inconsistent with statute.

     

    The Chief Justice shall seek to expedite judicial business and to equalize the work of judges. The Chief Justice may provide for the assignment of any judge to another court but only with the judge’s consent if the court is of lower jurisdiction. A retired judge who consents may be assigned to any court.

     

    Judges shall report to the council as the Chief Justice directs concerning the condition of judicial business in their courts. They shall cooperate with the council and hold court as assigned.

     

    Sec. 4

    The Commission on Judicial Appointments consists of the Chief Justice, the Senior Associate Justice of the Supreme Court, the Attorney General, and the presiding justice of the court of appeal of the affected district or, if there are 2 or more presiding justices, the one who has presided longest or, when a nomination or appointment to the Supreme Court is to be considered, the presiding justice who has presided longest on any court of appeal.

     

    Sec. 5

    The Commission on Judicial Performance consists of one judge of a court of appeal and two judges of superior courts, each appointed by the Supreme Court; two members of the State Bar of San Andreas who have practiced law in this State for 10 years, each appointed by the Secretary of State.

     

    Commission membership terminates if a member ceases to hold the position that qualified the member for appointment. A vacancy shall be filled by the appointing power for the remainder of the term.

     

    Sec. 6

    The State Bar of San Andreas is a public corporation. Every person admitted and licensed to practice law in this State is and shall be a member of the State Bar except while holding office as a judge of a court of record.

     

    Sec. 7

    The Supreme Court, courts of appeal, superior courts, and their judges have original jurisdiction in habeas corpus proceedings. Those courts also have original jurisdiction in proceedings for extraordinary relief in the nature of mandamus, certiorari, and prohibition.

     

    The appellate division of the superior court has original jurisdiction in proceedings for extraordinary relief in the nature of mandamus, certiorari, and prohibition directed to the superior court in causes subject to its appellate jurisdiction.

     

    Superior courts have original jurisdiction in all other causes. The court may make any comment on the evidence and the testimony and credibility of any witness as in its opinion is necessary for the proper determination of the cause.

     

    Sec. 8

    The Supreme Court has appellate jurisdiction when judgment of death has been pronounced. With that exception courts of appeal have appellate jurisdiction when superior courts have original jurisdiction in causes of a type within the appellate jurisdiction of the courts of appeal on June 30, 1995, and in other causes prescribed by statute. When appellate jurisdiction in civil causes is determined by the amount in controversy, the Legislature may change the appellate jurisdiction of the courts of appeal by changing the jurisdictional amount in controversy.

     

    Except as provided above, the appellate division of the superior court has appellate jurisdiction in causes prescribed by statute.

     

    The Judicial Council may permit courts exercising appellate jurisdiction to take evidence and make findings of fact when jury trial is waived or not a matter of right.

     

    Sec. 9

    The Supreme Court may, before decision, transfer to itself a cause in a court of appeal. It may, before decision, transfer a cause from itself to a court of appeal or from one court of appeal or division to another. The court to which a cause is transferred has jurisdiction.

     

    The Supreme Court may review the decision of a court of appeal in any cause.

     

    The Judicial Council shall provide, by rules of court, for the time and procedure for transfer and for review, including, among other things, provisions for the time and procedure for transfer with instructions, for review of all or part of a decision, and for remand as improvidently granted.

     

    This section shall not apply to an appeal involving a judgment of death.

     

    Sec. 10

    No judgment shall be set aside, or new trial granted, in any cause, on the ground of misdirection of the jury, or of the improper admission or rejection of evidence, or for any error as to any matter of pleading, or for any error as to any matter of procedure, unless, after an examination of the entire cause, including the evidence, the court shall be of the opinion that the error complained of has resulted in a miscarriage of justice.

     

    Sec. 11

    The Legislature shall provide for the prompt publication of such opinions of the Supreme Court and courts of appeal as the Supreme Court deems appropriate, and those opinions shall be available for publication by any person.

     

    Decisions of the Supreme Court and courts of appeal that determine causes shall be in writing with reasons stated.

     

    Sec. 12

    A person is ineligible to be a judge of a court of record unless for 10 years immediately preceding selection, the person has been a member of the State Bar or served as a judge of a court of record in this State.

     

    Sec. 13

    Judges of the Supreme Court shall be elected at large and judges of courts of appeal shall be elected in their districts at general elections at the same time and places as the Governor. Their terms are 12 years beginning the Monday after January 1 following their election, except that a judge elected to an unexpired term serves the remainder of the term. In creating a new court of appeal district or division the Legislature shall provide that the first elective terms are 4, 8, and 12 years.

     

    Judges of Superior Courts shall be elected in their counties at general elections except as otherwise necessary to meet the requirements of federal law. In the latter case the Legislature, by two-thirds vote of the membership of each house thereof, with the advice of judges within the affected court, may provide for their election by the system prescribed below, or by any other arrangement. The Legislature may provide that an unopposed incumbent’s name not appear on the ballot.

     

    Terms of judges of superior courts are six years beginning the Monday after January 1 following their election. A vacancy shall be filled by election to a full term at the next general election after the second January 1 following the vacancy, but the Governor shall appoint a person to fill the vacancy temporarily until the elected judge’s term begins.

     

    Within 30 days before August 16 preceding the expiration of the judge’s term, a judge of the Supreme Court or a court of appeal may file a declaration of candidacy to succeed to the office presently held by the judge. If the declaration is not filed, the Governor before September 16 shall nominate a candidate. At the next general election, only the candidate so declared or nominated may appear on the ballot, which shall present the question whether the candidate shall be elected. The candidate shall be elected upon receiving a majority of the votes on the question. A candidate not elected may not be appointed to that court but later may be nominated and elected.

     

    The Governor shall fill vacancies in those courts by appointment. An appointee holds office until the Monday after January 1 following the first general election at which the appointee had the right to become a candidate or until an elected judge qualifies. A nomination or appointment by the Governor is effective when confirmed by the Commission on Judicial Appointments.

     

    Electors of a county, by majority of those voting and in a manner the Legislature shall provide, may make this system of selection applicable to judges of Superior Courts.

     

    Sec. 14

    A judge of a court of record may not practice law and during the term for which the judge was selected is ineligible for public employment or public office other than judicial employment or judicial office, except a judge of a court of record may accept a part-time teaching position that is outside the normal hours of his or her judicial position and that does not interfere with the regular performance of his or her judicial duties while holding office. A judge of a trial court of record may, however, become eligible for election to other public office by taking a leave of absence without pay prior to filing a declaration of candidacy. Acceptance of the public office is a resignation from the office of judge.

     

    A judicial officer may not receive fines or fees for personal use.

     

    Sec. 15

    (a) A judge is disqualified from acting as a judge, without loss of salary, while there is pending (1) an indictment or an information charging the judge in the United States with a crime punishable as a felony under San Andreas or federal law, or (2) a petition to the Supreme Court to review a determination by the Commission on Judicial Performance to remove or retire a judge.

    (b) The Commission on Judicial Performance may disqualify a judge from acting as a judge, without loss of salary, upon notice of formal proceedings by the commission charging the judge with judicial misconduct or disability.

    (c) The Commission on Judicial Performance shall suspend a judge from office without salary when in the United States the judge pleads guilty or no contest or is found guilty of a crime punishable as a felony under San Andreas or federal law or of any other crime that involves moral turpitude under that law. If the conviction is reversed, suspension terminates, and the judge shall be paid the salary for the judicial office held by the judge for the period of suspension. If the judge is suspended and the conviction becomes final, the Commission on Judicial Performance shall remove the judge from office.

    (d) Except as provided in subdivision (f), the Commission on Judicial Performance may (1) retire a judge for disability that seriously interferes with the performance of the judge’s duties and is or is likely to become permanent, or (2) censure a judge or former judge or remove a judge for action occurring not more than 6 years prior to the commencement of the judge’s current term or of the former judge’s last term that constitutes willful misconduct in office, persistent failure or inability to perform the judge’s duties, habitual intemperance in the use of intoxicants or drugs, or conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or (3) publicly or privately admonish a judge or former judge found to have engaged in an improper action or dereliction of duty. The commission may also bar a former judge who has been censured from receiving an assignment, appointment, or reference of work from any San Andreas state court. Upon petition by the judge or former judge, the Supreme Court may, in its discretion, grant review of a determination by the commission to retire, remove, censure, admonish, or disqualify pursuant to subdivision (b) a judge or former judge. When the Supreme Court reviews a determination of the commission, it may make an independent review of the record. If the Supreme Court has not acted within 120 days after granting the petition, the decision of the commission shall be final.

    (e) A judge retired by the commission shall be considered to have retired voluntarily. A judge removed by the commission is ineligible for judicial office, including receiving an assignment, appointment, or reference of work from any San Andreas state court, and pending further order of the court is suspended from practicing law in this State. The State Bar may institute appropriate attorney disciplinary proceedings against any judge who retires or resigns from office with judicial disciplinary charges pending.

    (f) A determination by the Commission on Judicial Performance to admonish or censure a judge or former judge of the Supreme Court or remove or retire a judge of the Supreme Court shall be reviewed by a tribunal of 7 court of appeal judges selected by lot.

    (g) No court, except the Supreme Court, shall have jurisdiction in a civil action or other legal proceeding of any sort brought against the commission by a judge. Any request for injunctive relief or other provisional remedy shall be granted or denied within 90 days of the filing of the request for relief. A failure to comply with the time requirements of this section does not affect the validity of commission proceedings.

    (h) Members of the commission, the commission staff, and the examiners and investigators employed by the commission shall be absolutely immune from suit for all conduct at any time in the course of their official duties. No civil action may be maintained against a person, or adverse employment action taken against a person, by any employer, public or private, based on statements presented by the person to the commission.

    (i) The Commission on Judicial Performance shall make rules implementing this section, including, but not limited to, the following:

    (1) The commission shall make rules for the investigation of judges. The commission may provide for the confidentiality of complaints to and investigations by the commission.

    (2) The commission shall make rules for formal proceedings against judges when there is cause to believe there is a disability or wrongdoing within the meaning of subdivision (d).

    (j) When the commission institutes formal proceedings, the notice of charges, the answer, and all subsequent papers and proceedings shall be open to the public for all formal proceedings instituted after February 28, 1995.

    (k) The commission may make explanatory statements.

    (l) The budget of the commission shall be separate from the budget of any other state agency or court.

    (m) The Supreme Court shall make rules for the conduct of judges, both on and off the bench, and for judicial candidates in the conduct of their campaigns. These rules shall be referred to as the Code of Judicial Ethics.

     

    Sec. 16

    The Legislature shall prescribe compensation for judges of courts of record.

    A judge of a court of record may not receive the salary for the judicial office held by the judge while any cause before the judge remains pending and undetermined for 90 days after it has been submitted for decision.

     

    Sec. 17

    On stipulation of the parties litigant the court may order a cause to be tried by a temporary judge who is a member of the State Bar, sworn and empowered to act until final determination of the cause.

     

    Sec. 18

    The Legislature may provide for the appointment by trial courts of record of officers such as commissioners to perform subordinate judicial duties.

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    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE V - Executive

     

    ((Due to LS-RP's game environment revolving around a single city-county, the player-based governing body is a city-county government. The San Andreas State Government is an NPC government that exists in-character for continuity purposes.))

     


     

    Lorem ipsum dolor sit amet, dicit utinam lucilius pri ad. Primis consequuntur quo ea, an mei oblique sententiae. Iriure tibique eam ex. Cum te alia summo, ea hinc alienum vim. Ius graece appetere at, ut ipsum populo erroribus ius. Ad quo posse graece.

     

    Ne mutat tempor vim, facilisi argumentum quaerendum mea at. Id nam sint tollit, insolens petentium appellantur at nec, ne dicunt corpora cum. Illum vulputate theophrastus sed at, iusto inimicus est in, nec in consul doming consectetuer. Laudem officiis ex duo. Purto errem temporibus vis ut, ne aliquando definitionem eam, per lorem sonet intellegam eu. Eum quot lorem te, quo ex omittam epicurei concludaturque, diam indoctum philosophia pri in.

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    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE IV - Legislative

     

    ((Due to LS-RP's game environment revolving around a single city-county, the player-based governing body is a city-county government. The San Andreas State Government is an NPC government that exists in-character for continuity purposes.))

     


     

    Lorem ipsum dolor sit amet, dicit utinam lucilius pri ad. Primis consequuntur quo ea, an mei oblique sententiae. Iriure tibique eam ex. Cum te alia summo, ea hinc alienum vim. Ius graece appetere at, ut ipsum populo erroribus ius. Ad quo posse graece.

     

    Ne mutat tempor vim, facilisi argumentum quaerendum mea at. Id nam sint tollit, insolens petentium appellantur at nec, ne dicunt corpora cum. Illum vulputate theophrastus sed at, iusto inimicus est in, nec in consul doming consectetuer. Laudem officiis ex duo. Purto errem temporibus vis ut, ne aliquando definitionem eam, per lorem sonet intellegam eu. Eum quot lorem te, quo ex omittam epicurei concludaturque, diam indoctum philosophia pri in.

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    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE III - State of San Andreas

     


     

    Sec. 1

    The State of San Andreas is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.

     

    Sec. 2

    The boundaries of the State are those stated in the Constitution of 1849 as modified pursuant to statute. Sacramento is the capital of San Andreas.

     

    Sec. 3

    The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.

     

    Sec. 3.5

    An administrative agency, including an administrative agency created by the Constitution or an initiative statute, has no power:

     

    To declare a statute unenforceable, or refuse to enforce a statute, on the basis of it being unconstitutional unless an appellate court has made a determination that such statute is unconstitutional;

     

    To declare a statute unconstitutional;

     

    To declare a statute unenforceable, or to refuse to enforce a statute on the basis that federal law or federal regulations prohibit the enforcement of such statute unless an appellate court has made a determination that the enforcement of such statute is prohibited by federal law or federal regulations.

     

    Sec. 4

    Suits may be brought against the State in such manner and in such courts as shall be directed by law.

     

    Sec. 5

    English is the common language of the people of the United States of America and the State of San Andreas.

     

    Sec. 6 

    The sovereignty of the state resides in the people thereof, and all writs and processes shall issue in their name.

     

    The style of all process shall be “The People of the State of San Andreas,” and all prosecutions shall be conducted in their name and by their authority.

     

    Sec. 7. 

    As used herein, “property” includes real and personal property.

     

    The original and ultimate right to all property within the limits of the State is in the people thereof.

     

    All property within the limits of the State, which does not belong to any person, belongs to the people. Whenever the title to any property fails for want of heirs or next of kin, it reverts to the people.

     

    Transportation to or from any area of the public domain or between different areas of the public domain of material possession of which, pursuant to the foregoing provisions of this section, is permitted on the public domain, shall not be unlawful.

     

    Sec. 8

    The State has the rights prescribed in this article over persons within its limits, to be exercised in the cases and in the manner provided by law.

     

    The State may punish for crime.

     

    The state may imprison or confine for the protection of the public peace or health or of individual life or safety.

     

    The State may require services of persons, with or without compensation: In military duty; in jury duty; as witnesses; as town officers; in highway labor; in maintaining the public peace; in enforcing the service of process; in protecting life and property from fire, pestilence, wreck, and flood; and in other cases provided by statute.

     

    Sec. 9

    The people, as a political body, consist of:

    Citizens who are electors.

     

    Citizens not electors.

     

    The citizens of the state are:

    All persons born in the state and residing within it, except the children of alien public ministers and consuls.

     

    All persons born out of the state who are citizens of the United States and residing within the state.

     

    Persons in the State not its citizens are either:

    Citizens of other States; or Aliens.

     

    Every person has, in law, a residence.

     

    Absence from this state, on business of the state or of the United States, shall not affect the question of residence of any person.
     

    Sec. 10

    Every person while within the State is subject to its jurisdiction and entitled to its protection.

     

    Allegiance is the obligation of fidelity and obedience which every citizen owes to the State.

     

    Allegiance may be renounced by a change of residence.

     

    A citizen of the United States who is not a citizen of the State, has the same rights and duties as a citizen of the State not an elector.

     

    An elector has no rights or duties beyond those of a citizen not an elector, except the right and duty of holding office and voting.

     

    Notwithstanding any other provision of law, a public officer who is a minor shall have the rights and liabilities of an adult, both civil and criminal, with regard to his official duties, and a candidate for nomination or election to public office who is a minor shall have the rights and liabilities of an adult, both civil and criminal, with regard to his activities as a candidate.

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    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE II - Voting

     


     

    Sec. 1

    All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

     

    Sec. 2

    A United States citizen 18 years of age and resident in this State may vote.

     

    Sec. 2.5

    A voter who casts a vote in an election in accordance with the laws of this State shall have that vote counted.

     

    Sec. 3

    The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or serving a state or federal prison term for the conviction of a felony.

     

    Sec. 4

    All judicial, school, county, and city offices, including the Superintendent of Public Instruction, shall be nonpartisan.

     

    Sec. 5

    Voting shall be secret.

     

    Sec. 6

    No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect.

     

    Sec. 7

    The referendum is the power of the electors to approve or reject statutes or parts of statutes except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.

     

    A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5 percent of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors. In the case of a statute enacted by a bill passed by the Legislature on or before the date the Legislature adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, the petition may not be presented on or after January 1 next following the enactment date.

     

    The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies or at a special statewide election held prior to that general election. The Governor may call a special statewide election for the measure.

     

    Sec. 8

    An initiative statute or referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.

     

    If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

     

    The Legislature may amend or repeal a referendum statute. The Legislature may amend or repeal an initiative statute by another statute that becomes effective only when approved by the electors unless the initiative statute permits amendment or repeal without the electors’ approval.

     

    Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

     

    The Legislature shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

     

    Sec. 9

    Initiative and referendum powers may be exercised by the electors of each city or county under procedures that the Legislature shall provide. Except as provided in subdivisions (b) and (c), this section does not affect a city having a charter.

     

    A city or county initiative measure may not include or exclude any part of the city or county from the application or effect of its provisions based upon approval or disapproval of the initiative measure, or based upon the casting of a specified percentage of votes in favor of the measure, by the electors of the city or county or any part thereof.

     

    A city or county initiative measure may not contain alternative or cumulative provisions wherein one or more of those provisions would become law depending upon the casting of a specified percentage of votes for or against the measure.

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  8. yBa_QHVOJMFgxZmL7GfAz74uq7JpvJP2eC35I9QuXjlMwaYI6v4M2FbrCi5nIIj6d814iMu10p3uJDOmLxhwXckDZ-eLJaxCdJ-VuGWqpwdS-byntyDD12W--ZYK2X2rCsWtFvqw

     

     

     

    CONSTITUTION OF THE STATE OF SAN ANDREAS

     

    ARTICLE I - Declaration of Rights

     



     

    Sec. 1

    All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.

     

    Sec. 2

    Every person may freely speak, write and publish his or her sentiments on all subjects, being responsible for the abuse of this right. A law may not restrain or abridge liberty of speech or press.

     

    A publisher, editor, reporter, or other person connected with or employed upon a newspaper, magazine, or other periodical publication, or by a press association or wire service, or any person who has been so connected or employed, shall not be adjudged in contempt by a judicial, legislative, or administrative body, or any other body having the power to issue subpoenas, for refusing to disclose the source of any information procured while so connected or employed for publication in a newspaper, magazine or other periodical publication, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public. Nor shall a radio or television news reporter or other person connected with or employed by a radio or television station, or any person who has been so connected or employed, be so adjudged in contempt for refusing to disclose the source of any information procured while so connected or employed for news or news commentary purposes on radio or television, or for refusing to disclose any unpublished information obtained or prepared in gathering, receiving or processing of information for communication to the public.

     

    Sec. 3

    The people have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good.

     

    The people have the right of access to information concerning the conduct of the people’s business, and, therefore, the meetings of public bodies and the writings of public officials and agencies shall be open to public scrutiny.
     

    A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people’s right of access, and narrowly construed if it limits the right of access. A statute, court rule, or other authority adopted after the effective date of this subdivision that limits the right of access shall be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

     

    Sec. 4 

    Free exercise and enjoyment of religion without discrimination or preference are guaranteed. This liberty of conscience does not excuse acts that are licentious or inconsistent with the peace or safety of the State. The Legislature shall make no law respecting an establishment of religion.

    A person is not incompetent to be a witness or juror because of his or her opinions on religious beliefs.

     

    Sec. 5

    The military is subordinate to civil power. A standing army may not be maintained in peacetime. Soldiers may not be quartered in any house in wartime except as prescribed by law, or in peacetime without the owner’s consent.

     

    Sec. 6

    Slavery is prohibited. Involuntary servitude is prohibited except to punish crime.
     

    Sec. 7

    A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws. A citizen or class of citizens may not be granted privileges or immunities not granted on the same terms to all citizens. Privileges or immunities granted by the Legislature may be altered or revoked.

     

    Sec. 8

    A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.

     

    Sec. 9

    A person may not be imprisoned in a civil action for debt or tort.

     

    Sec. 10

    Habeas corpus may not be suspended unless required by public safety in cases of rebellion or invasion.

     

    Sec. 11

    A bill of attainder, ex post facto law, or law impairing the obligation of contracts may not be passed.

     

    Sec. 12

    Witnesses may not be unreasonably detained. A person may not be imprisoned in a civil action for debt or tort, or in peacetime for a militia fine.

     

    Sec. 13

    The right of the people to be secure in their persons, houses, papers, and effects against unreasonable seizures and searches may not be violated; and a warrant may not issue except on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the persons and things to be seized.

     

    Sec. 14

    Cruel or unusual punishment may not be inflicted or excessive fines imposed.

     

    Sec. 15

    Noncitizens have the same property rights as citizens.

     

    Sec. 16

    Rights guaranteed by this Constitution are not dependent on those guaranteed by the United States Constitution.

     

    Sec. 17

    In a criminal case, the people of the State of San Andreas have the right to due process of law and to a speedy and public trial.

     

    Sec. 18

    This Constitution shall not be construed by the courts to prohibit the joining of criminal cases as prescribed by the Legislature or by the people through the initiative process.

     

    In order to protect victims and witnesses in criminal cases, hearsay evidence shall be admissible at preliminary hearings, as prescribed by the Legislature or by the people through the initiative process.

     

    In order to provide for fair and speedy trials, discovery in criminal cases shall be reciprocal in nature, as prescribed by the Legislature or by the people through the initiative process.

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  9. _i6GBL5ID4RSO8PIisyClPoUftlfbnzuGWhMiMvYXJg7_Ax8trOSeFiE2l-PjHjxEJiGge4pEk7ONRmA46kKOurgzybB9b8j6BG2YieJuacKwo7_i1sEr_ecq2Q1pgvQzOnoBL3w


     

    CONSTITUTION OF THE STATE OF SAN ANDREAS

     


     

    We, the People of the State of San Andreas, grateful to Almighty God for our freedom, in order to secure and perpetuate its blessings, do establish this Constitution.

     

    This document serves as the governing documents of The State of San Andreas and all cities, counties and communities within it. Its purpose is to clearly outline the powers and authorities of all government agencies, the rights and privileges of the people of San Andreas, the guidelines for public representation and process through which new laws, concepts and ideas can come into practice. The governing documents shall refer to all documents, codes, and legislation that make up the legal body of the State of San Andreas.

    (( This document outlines the broad policies and ideas that govern the legal factions, the government and legal RP for LS:RP. Other active legislation shall be kept in the "Laws and Acts of San Andreas" forum section. ))

     

    The Constitution can be referred to as:
    Article 1, Section I, Subsection 1

    or by the shortened format: (A1-S1-1)

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  10. 7 hours ago, i dont wanna od in LA said:

    Also, can we have wobbler charges added? They're very common irl and apply to most charges like:

    Generally if we want the courts system to work properly we'll need more wobbler charges added cause otherwise prosecutors will have very little to no authority when it comes to charging people. 

    Wobbler charges are something we considered but without having a finished court system we didn't want to add them. That's something we'll look at in the future.

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  11. All changes made to the Penal Code and Vehicle Code will be posted in this topic.

     

    - Changed definition for PC 187(b).

    - Added an OOC exemption for all registered vehicles without a physical license plate in VC 101(b).

    - Added exemption to professional use for PC 230.

    - Redid definition for PC 302.

    - Removed VC 503.

    - Added definitions to Title 0 of the Penal Code.

    - Added Assault on a State Employee and Battery on a State Employee to Penal Code.

    - Added Unsafe Usage of a Bicycle to Vehicle Code.

    - Added Speed Contests to Vehicle Code.

    - Added Jaywalking to the Vehicle Code.

    - Added fire hydrants to VC 405.

    - Changed 305. Possession of a Controlled Substance with Intent To Sell to Possession of a Controlled Substance Other than Marijuana with Intent To Sell to avoid conflicts with 314(a). Possession of Marijuana.

    - Added Hit and Run.

    - Added a Criminal Defenses section to Title 0 thanks to @Quicky!

     

     

  12. On 2/13/2022 at 1:38 PM, DC12 said:

    I couldn't find anything regarding the unsafe riding of a pedal cycle? Is that something that could be added? I believe this was from the old SAMP penal code:
    Unsafe Usage Of A Bicycle
    A person's unsafe usage of a bicycle or other self-propelled vehicle that obstructs traffic, incites disorder, creates a hazard, or demonstrates the potential for harm.

    We'll look into adding it back.

     

    On 2/13/2022 at 1:38 PM, DC12 said:

    There isn't a separate offence for street racing anymore?

    No, you would be able to charge them with reckless driving or felony reckless driving (whichever applies to the specific circumstances) but we might add something related to the Vehicle Code as well.

     

    On 2/13/2022 at 1:38 PM, DC12 said:

    No offence of jaywalking? (a personal favourite of mine)

    Wasn't worth adding to the new codes but we'll look into maybe bringing it back.

     

    On 2/13/2022 at 1:38 PM, DC12 said:

    In relation to 405. Illegal Parking - I feel that it might be beneficial to:
    Include fire hydrants as a place not to park,
    Fire and police stations (to be included with ambulance bays and hospitals),

    and signs that designate no parking zones?
    (Might be worth doing a "catch all" line in this offence with discretion, as opposed to writing down literally all the places you can't park? Crazy idea no doubt)

    We can add fire hydrants.

     

    On 2/13/2022 at 1:38 PM, DC12 said:

    Finally, there's no separate offence of obstruction of the highway, and obstruction of the rail road/mass transit, could this be looked at, and a final wild idea, could we expand on the lighting offence we already have to possibly include the improper use of flashing warning lamps?

    That would fall under illegal parking. We'll discuss a hazard light law but unlikely.

     

    On 2/14/2022 at 7:30 AM, David Wolf said:

    230. Animal Abuse / Cruelty

     

    Will the proper slaughter of livestock for consumption (such as backyard raised chickens), pest control (such as rats), fishing with live bait (worms), or where euthanasia is required also exempt from this code?  

     

    The original CA code contained the word 'maliciously and intentional'. I would suggestion to just add the word maliciously, but I don't if that word even adds protection or adds precedence for these activities. From a normal convo, I'd interupt these to be non-malicious, but for legal law speak, I am unsure.

    We're looking into adjustments for it.

  13. On 2/9/2022 at 5:55 PM, FinesseGod said:

    I've been trying to practice my flying for like a month. I legit can't get it down, I can do a half-assed J-Hooked before splashing onto the floor in a ball of flames. It's like flying a sack of bricks. 

    i'm the same way, any other game i can fly pretty good but haven't gotten it on this game yet

  14. 1 hour ago, i dont wanna od in LA said:

    You could probably consider implementing a three strike policy as well. 

    This is something we considered but at this current point in time we won't be doing it as it results in people feeling forced to spend money to namechange if their character gets placed in prison for life. I would like to see it to combat your example of generally unrealistic situations but as of right now that won't be a thing.

     

    1 hour ago, i dont wanna od in LA said:

    As for listing the times OOC, you're right, however it probably wouldn't harm to at least add something along the lines of ((This charge is normally XXX years irl. You should try to roleplay that accordingly)) solely for the sake of realistic rp or portrayal

    Kane mentioned we could write something up for that so we'll try to get that done soon.

     

    2 hours ago, eminence grise said:

    It would be double jeopardy as there is literally no difference between the two charges.

    We'll take a deeper look at it.

     

      edit:

    1 hour ago, i dont wanna od in LA said:

    Also: charge enhancements are very much needed. Make it possible to stack "attempted" on most charges against persons/property. Gang membership enhancement as well. 

    Charge enhancements are a thing in Title 0 Chapter 2. We don't have a gang enhancement currently and will not be adding it in the beginning until other systems involving that are implemented.

  15. 5 hours ago, BYLUG said:

     

    If someone (over age of 21) is arrested with 30 grams of Marijuana, would both charges above apply? That scenario seems to fit the criteria of both crimes.

    Both charges could apply, yes. Marijuana is a controlled substance both in our penal code and in real life. We planned on having a list of controlled substances defined somewhere but at the time we started working on this there were only a couple drugs available on the server so it wasn't worth doing. Now that we have a lot more we can revisit that to detail out the different schedules of drugs and make adjustments to the penal code. That being said, we're not against scenarios like the one you described.

  16. 4 minutes ago, i dont wanna od in LA said:

    the (b) part is quite literally a book definition of 1st degree murder too. you guys got something mixed up. malice aforethought is nothing but premeditation, which is the factor that makes a (premeditated) murder into a 1st degree charge. 

    We'll look into it.

     

    7 minutes ago, FatSam121 said:

    (b) A person who drives a motor vehicle without a valid license plate on display while on a public roadway shall be issued an infraction and may have their vehicle impounded at the officer's discretion.

     

    What about the vehicle models that don't have number plates. for example the Zombie bikes 

    We could add an OOC exemption for those vehicles that can't have license plates so people aren't punished IC for something out of their control OOC. If you have a list of all the vehicles that don't support license plates that would be a big help there.

  17. 2 minutes ago, i dont wanna od in LA said:

    Could somebody clarify whether the penal code recognizes different degrees of murder and manslaughter? PC187 only mentions 1st degree murder. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=192.

    187(a) is 1st degree murder and all other murders that don't fall under the definition of 187(a) would be considered 2nd degree murder or 187(b) in the penal code.

  18. TITLE 7....... OF CRIMES WITH A VEHICLE

     

    701. Reckless Driving
    A person who drives a vehicle upon a public road or highway in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor, punishable by a sentence of 35 minutes.

     

    702. Felony Reckless Driving
    A person who drives a vehicle upon a public road or highway in willful or wanton disregard for the safety of persons or property such as by nearly striking pedestrians, entering pedestrian passageways or nearly causing the severe harm of other motorists OR
    A person who uses their vehicle in any manner that is dangerous to passengers, pedestrians, or nearby residents OR
    On a busy pedestrian passageways or plazas, or on the opposite lane of travel with or without vehicles present, or on the opposite lane of travel on any freeway or highway OR
    Causes bodily injury, is guilty of a felony, punishable by 1 hour, 20 minutes.

     

    703. Driving Under the Influence
    (a) Any person who drives a vehicle under the influence of any alcoholic beverage who has 0.08 percent or more of alcohol in his or her blood is guilty of a felony, punishable by a sentence of 1 hour, 35 minutes.
    (b) Any state employee who drives a vehicle under the influence of any drug or alcohol is guilty of a felony, punishable by a sentence of 2 hour, 30 minutes.
    (c) Any person who drives a commercial vehicle while under the influence of any drug or who has 0.04 percent or more of alcohol in his or her blood is guilty of a felony, punishable by a sentence of 2 hours.

     

    704. Evading a Peace Officer
    A person who, while operating a motor vehicle, willfully flees or otherwise attempts to elude a pursuing peace officer's motor vehicle is guilty of a misdemeanor, punishable by a sentence of 1 hour.

     

    705. Reckless Evading of a Peace Officer
    A person who, while operating a motor vehicle, flees or attempts to elude a peace officer while driving in a reckless or dangerous fashion is guilty of a felony, punishable by a sentence of 2 hours, 20 minutes.
     
    706. Hit and Run
    (a) Any person who operates a motor vehicle and is involved in an accident resulting in injury to a person, other than himself or herself, or in the death of a person and fails to immediately stop the vehicle at the scene of the accident is guilty of a felony, punishable by a sentence of 1 hour, 30 minutes.
    (b) Any person who operates a motor vehicle and is involved in an accident resulting only in damage to property or to other vehicles, and fails to immediately stop the vehicle at the scene of the accident is guilty of a misdemeanor, punishable by a sentence of 45 minutes.
  19. TITLE 6....... OF CRIMES AGAINST PUBLIC JUSTICE

     

    601. Bribery

    A person who offers or gives a monetary gift, gratuity, valuable goods, services or other rewards to a public official, state employee, or peace officer in an attempt to influence their duties or actions is guilty of a felony, punishable by a sentence of 2 hours.

     

    602. Jury Tampering
    (a) Every person who attempts to influence a juror or any person summoned or drawn as a juror, using any oral or written communication except in the regular course of proceedings, any threat, intimidation, persuasion, or any promise is guilty of a felony, punishable by a sentence of 2 hour, 30 minutes.
    (b) Every person who threatens a juror with respect to a criminal proceeding in which a verdict has been rendered and has the intent and apparent ability to carry out the threat causing reasonable fear for his or her safety is guilty of a felony, punishable by a sentence of 2 hour, 45 minutes.

     

    603. Intimidating a Witness or Victim
    (a) A person who knowingly and maliciously prevents or encourages any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law with the use of bribery, fear, or other tactics is guilty of a felony, punishable by a sentence of 1 hour, 45 minutes.
    (b) A person who prevents the distribution, completion, answering, or due process of an affidavit or other legal statement is guilty of a felony, punishable by a sentence of 1 hour, 30 minutes.

     

    604. Escape
    Any person arrested, booked, charged, or convicted of any crime who thereafter escapes from a county jail, prison, community service, hospital, or custody of a Correctional or Parole Officer is guilty of a felony, punishable by a sentence of 3 hours.

     

    605. Aiding in the Escape from State Custody
    (a) A person who directly aids or assists any person who is legally detained with escaping from the law, including the lawful custody of a peace officer, prisoner transport, parole, community service, or incarceration in a county jail or state prison is guilty of a felony, punishable by a sentence of 3 hours.
    (b) A person who provides information or insights that subsequently assist any person who is legally detained with escaping from the law is guilty of a misdemeanor, punishable by a sentence of 1 hour.

     

    606. Perjury
    (a) A person who knowingly provides false information as part of an affidavit, testimony, court-ordered deposition, or document with a statement signifying its authenticity under penalty of perjury is guilty of a felony, punishable by a sentence of 1 hour, 45 minutes.
    (b) A peace officer who knowingly and intentionally makes or causes to be made any material statement in an official report or to another peace officer and the statement is included in an official report, knowing the statement to be false, is guilty of a felony, punishable by a sentence of 3 hours.

     

    607. Filing a False Report
    (a) Any person who reports to any peace officer or a district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor, punishable by a sentence of 50 minutes.
    (b) Any person who reports a firearm as lost or stolen, knowing the report to be false, is guilty of a felony, punishable by a sentence of 1 hour, 40 minutes.

     

    608. Filing a False Complaint
    A person who knowingly files a false complaint, statement, document, or representation with any organization regarding the conduct, job performance, or behavior of a public official or employee for the purpose of initiating false administrative action against that official is guilty of a misdemeanor, punishable by a sentence of 55 minutes.

     

    609. Corruption of Public Duty
    (a) Any peace officer, employee of a law enforcement agency, or any state attorney who discloses or solicits for financial gain, information obtained in the course of a criminal investigation is guilty of a felony, punishable by a sentence of 2 hours, 45 minutes.
    (b) Any peace officer who has the authority to receive or arrest a person charged with a criminal offense and willfully refuses to receive or arrest that person is guilty of a felony, punishable by a sentence of 1 hour, 45 minutes.
    (c) Any state employee who demonstrates criminal negligence in their duties is guilty of a felony, punishable by a sentence of 2 hours, 10 minutes.

     

    610. Obstruction of Justice
    (a) A person who shows a clear and motivated attempt to prevent or delay a state employee from conducting their duties is guilty of a misdemeanor, punishable by a sentence of 45 minutes.
    (b) A person who fails to comply with a peace officer's lawful orders is guilty of a misdemeanor, punishable by a sentence of 35 minutes.
       
    611. Resisting a Peace Officer
    (a) A person who avoids apprehension from a peace officer by non-vehicular means or resists apprehension by any physical means is guilty of a misdemeanor, punishable by a sentence of 40 minutes.
    (b) A person who, pending charges being brought against them, is physically detained by use of restraints or physical force by a peace officer and escapes from said peace officer's custody is guilty of a felony, punishable by a sentence of 1 hour, 15 minutes.

     

    612. Failure To Pay A Fine
    A person who fails to pay a fine or court-ordered fee within clearly stated and allotted time period is guilty of a misdemeanor, punishable by a sentence of 1 hour.

     

    613. Failure to Identify to a Peace Officer
    A person who, while being detained or under arrest by a peace officer, fails to provide a peace officer or other legal authority their name as it appears on an I.D. card or other identifiable information for MDC purposes is guilty of a misdemeanor, punishable by a sentence of 30 minutes.

     

    614. Impersonation of a State Employee
    (a) A person who pretends or implies the role of a state or local government worker, such as a peace officer, paramedic, tax collector, state attorney, or any other official is guilty of a misdemeanor, punishable by a sentence of 40 minutes.
    (b) A person who wears an official or realistic state employee uniform with an official or realistic badge or identification tag, except on an official, legally sanctioned movie or production set, is guilty of a misdemeanor, punishable by a sentence of 50 minutes.
    (c) A person who pretends or implies the role of a federal employee, such as a federal investigator, federal prosecutor, or any other federal official is guilty of a felony, punishable by a sentence of 1 hour, 50 minutes.

     

    615. Making a False Report of an Emergency
    A person who reports, or causes any report to be made, to any state department and/or emergency number, that an "emergency" exists, knowing that the report is false, is guilty of a misdemeanor, punishable by a sentence of 50 minutes.

     

    616. Evidence Tampering
    A person who destroys or attempts to destroy, conceal, or alter any evidence that can later potentially be used in a criminal investigation or court proceeding is guilty of a felony, punishable by a sentence of 3 hours.

     

    617. Introduction of Contraband
    A person who provides contraband to an inmate of a correctional facility, or attempts to enter a facility with the intent to illegally transport contraband within it is guilty of a felony, punishable by a sentence of 3 hours.

     

    618. Violation of Parole
    A person who willfully violates the terms of a parole agreement is guilty of a felony, punishable by a sentence of 2 hours.
       
    619. Voter Fraud / Voter Pandering
    (a) An individual who dissuades or influences official voting outcomes through illicit, illegal, or unethical manners is guilty of a felony, punishable by a sentence of 6 hours.
    (b) An individual who commits the criminal offense of buying votes when he or she promises, offers, or gives to a person, directly or indirectly, an undue benefit, for the person or a third party or entity in order that the person vote, refrain from voting, cast a void vote, cast his or her vote in favor of or against a particular person or proposal is guilty of a felony, punishable by a sentence of 4 hours.

     

    620. Corruption of Public Office
    A person who acts outside the interests of the public good, public justice, or duties of those in public office is guilty of a felony, punishable by a sentence of 6 hours.

     

    621. Contempt of Senate***
    A person who willfully disobeys the verbal or written order of the Senate, disrespects the decorum of the Senate, or otherwise infringes upon any senate process is guilty of a misdemeanor, punishable by a sentence not exceeding 1 hour, 10 minutes.

     

    622. Contempt of Court***
    A person who willfully disobeys the verbal or written order of a court authority, disrespects the decorum of the court, or otherwise infringes upon due process is guilty of a misdemeanor, punishable by a sentence not exceeding 1 hour, 10 minutes.

     

    623. Subpoena Violation***
    A person who ignores or violates a subpoena order issued by the Courts is guilty of a misdemeanor, punishable by a sentence not exceeding 1 hour, 10 minutes.
  20. TITLE 5....... OF CRIMES AGAINST PROPERTY

     

    459. Burglary

    Any person who enters any house, room, apartment, store, or any other building, or motor vehicle with the intent to commit petty theft, grand theft, or any felony is guilty of a felony, punishable by a sentence of 1 hour, 40 minutes.

     

    501. Embezzlement

    (a) A person who fraudulently appropriates any property by a person to whom it has been entrusted is guilty of a misdemeanor, punishable by a sentence of 40 minutes.

    (b) A state employee who fraudulently obtains or makes use of any property in his or her possession under his or her control by virtue of that trust is guilty of a felony, punishable by a sentence of 2 hours.

     

    502. Arson

    (a) A person who intentionally and maliciously sets fire to or burns any structure, forest land, or property without prior authorization is guilty of a felony, punishable by a sentence of 4 hours.

    (b) A person who, through criminal accident or negligence, causes a fire to burn any structure, forest land, or property is guilty of a misdemeanor, punishable by a sentence of 50 minutes.

     

    503. Possession of Burglary Tools

    A person who has in their possession the appropriate combination of tools necessary, and the intent, to commit any form of burglary, such as a tension bar, screwdriver, shimmy, or other appropriate items is guilty of a misdemeanor, punishable by a sentence of 35 minutes.

     

    504. Forgery

    A person who, with the intent to defraud or deceive another, signs the name of another person or of a fictitious person is guilty of a misdemeanor, punishable by a sentence of 35 minutes.

     

    505. Forgery of a State Document

    A person who, with the intent to defraud or deceive another, knowingly alters, creates, possesses, or distributes a counterfeited driver's license, pilot's license, identification card issued by a government agency or weapon license issued by a government agency is guilty of a felony, punishable by a sentence of 1 hour, 30 minutes.

     

    506. Counterfeiting

    A person who makes or knowingly has in his or her possession any die, plate, paper, metal, or machine used to manufacture counterfeit bank notes, bills, coins, or who knowingly possesses any counterfeit bank notes, bills, or coins is guilty of a felony, punishable by a sentence of 2 hours.

     

    507. Petty Theft

    A person who steals or takes the personal property of another, or property belonging to a company, with a value not exceeding $xxx is guilty of a misdemeanor, punishable by a sentence of 40 minutes.

     

    508. Grand Theft

    (a) A person who steals or takes the personal property of another, or property belonging to a company, with a value exceeding $xxx is guilty of a felony, punishable by a sentence of 1 hour, 30 minute.

    (b) A person who steals an unoccupied automobile is guilty of a felony, punishable by a sentence of 1 hour, 30 minutes.

    (c) A person who steals a firearm is guilty of a felony, punishable by a sentence of 1 hour, 45 minutes.

     

    509. Extortion

    (a) A person who uses intimidation or force to, with his or her consent, obtain property or services from another is guilty of a felony, punishable by a sentence of 2 hours.

    (b) A person who utilizes or threatens their power or authority with demonstrated malice aforethought in order to compel action by another is guilty of a felony, punishable by a sentence of 3 hours.

     

    510. Receiving Stolen Property

    A person who knowingly buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion is guilty of a misdemeanor, punishable by a sentence of 30 minutes.

     

    511. Insurance Fraud

    (a) Any person who destroys or disposes of any property which at the time is insured against loss or damage by theft, embezzlement, flood damage or fire damage with the intent to defraud the insurer, whether the property is the property of or in possession by that person or any other person is guilty of a felony, punishable by a sentence of 2 hours.

    (b) Any person who knowingly causes or participates in a vehicular collision or any other vehicular accident with the intent to file a false or fraudulent claim is guilty of a misdemeanor, punishable by a sentence of 50 minutes.

       

    512. Trespass

    (a) A person who enters another's property while it is closed or not in operation without the expressed or written permission to do so is guilty of a misdemeanor, punishable by a sentence of 30 minutes.

    (b) A person who, without proper authorization, enters any government owned or managed facility, or restricted section in a government building that is secured with the intent of keeping non-authorized personnel out due to a security or safety hazard is guilty of a felony, punishable by a sentence of 1 hour, 20 minutes.

     

    513. Fraud

    A person who knowingly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, property, or other services is guilty of a felony, punishable by a sentence of 2 hours.

       

    514. Vandalism

    A person that defaces, damages, or destroys property which belongs to another is guilty of a misdemeanor, punishable by a sentence of 30 minutes.

  21. TITLE 4....... OF CRIMES AGAINST THE PUBLIC PEACE

     

    401. Unlawful Assembly

    (a) Two or more persons assembled together to do an unlawful act, or do a lawful act in a violent or unruly manner is guilty of a misdemeanor, punishable by a sentence of 40 minutes.

    (b) A group that fails to protest or demonstrate peacefully without proper permits or authorization from the city shall be issued an infraction of $200 to the group leader or organizer.

     

    402. Incitement to Riot

    A person whose actions deliberately agitates or intends to agitate a crowd or large group of people organized or located peacefully in a public or private area in order to promote acts of violence or civil unrest is guilty of a felony, punishable by a sentence of 1 hour, 35 minutes.

     

    403. Riot

    (a) A person remaining present at the place of any riot or unlawful assembly after being lawfully warned to disperse is guilty of a misdemeanor, punishable by a sentence of 40 minutes.

    (b) A person who participates in the taking by means of a riot of another person from the lawful custody of a peace officer is guilty of a felony, punishable by a sentence of 2 hours.

     

    404. Brandishing a Firearm

    A person who, except in self-defense, draws or exhibits any firearm in an angry or threatening manner is guilty of a misdemeanor, punishable by a sentence of 40 minutes.

     

    405. Brandishing a Deadly Weapon

    A person who, except in self-defense, draws or exhibits any deadly weapon, other than a firearm, in an angry or threatening manner is guilty of a misdemeanor, punishable by a sentence of 40 minutes.

     

    415. Disturbing the Peace

    (a) Any person who unlawfully fights in a public place or challenges another person in a public place to fight, or in public view, regardless of the consent of the individuals involved is guilty of a misdemeanor, punishable by a sentence of 45 minutes.

    (b) Any person who disturbs another person by loud and unreasonable noise shall be issued an infraction of $120.

    (c) Any person who uses offensive words in a public place which are inherently likely to provoke an immediate violent reaction shall be issued an infraction of $150.

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