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Bill: ODLS-019 / Human Security Act of 5327
Details
Submitted by[?]: 🟠 Open Left 🟠
Status[?]: passed
Votes: This bill is a resolution. It requires more yes votes than no votes. This bill will not pass any sooner than the deadline.
Voting deadline: June 5328
Description[?]:
| AN ACT TO SECURE THE STATE AND PROTECT OUR PEOPLE FROM TERRORISM WHEREAS it is the duty of the government to safeguard the welfare and security of its citizens and maintain the unity and brotherhood of the Kundrati Union; WHEREAS terrorism, involving acts that create widespread fear and panic among the populace, is a grave threat to national security, peace, and stability; WHEREAS it is essential to establish legal measures to combat terrorism and punish those who commit acts that alter the brotherhood and unity of the State; WHEREAS the protection of the State and its institutions requires enhanced surveillance and interception of communications of individuals involved in terrorism, subject to appropriate safeguards and limitations; WHEREAS the establishment of a Public Security Committee, consisting of key government officials, is necessary to oversee the implementation of anti-terrorism policies and coordinate efforts to combat terrorism; NOW, THEREFORE, be it enacted by the National Assembly of Kundrati: Section 1: Definitions and Offenses 1.1 Terrorism shall be defined as any act committed with the intent to sow widespread fear and panic among the populace, coerce the government into an unlawful demand, or alter the brotherhood and unity of the Kundrati Union. 1.2 The following acts shall be considered as altering the brotherhood and unity of the State, and shall be deemed terrorist offenses: a) Treasonous acts in military affairs against the State b) Unauthorized disclosure of military secrets or formulae to foreign countries c) Armed violence against the State or its institutions, legislative, executive, or judicial powers d) Armed violence against a protected minority within the State e) Harmful actions against the State or its institutions, legislative, executive, or judicial powers f) Harmful actions, including genocide, against a protected minority within the State g) Actions with the intent to disestablish the State or its institutions, legislative, executive, or judicial powers Section 2: Penalties for Terrorism Offenses 2.1 Any person found guilty of committing an act involving terrorism, as defined in Section 1.2, shall be subject to a penalty of forty (40) years of imprisonment, with or without labor, without the benefit of parole. Section 3: Conspiracy, Accomplice, and Accessory 3.1 Persons who conspire to commit the crime of terrorism shall be subject to a penalty of forty (40) years of imprisonment, as mandated by the judge. 3.2 Any person who cooperates in the execution of the crime of terrorism or conspiracy to commit terrorism shall be subject to a penalty of from seventeen (17) years, four months one day to twenty (20) years of imprisonment, with or without labor. 3.3 Any person who, having knowledge of the commission of the crime of terrorism or conspiracy to commit terrorism, takes part subsequently in profiting from the effects of the crime, concealing or destroying evidence, or assisting in the escape of the principal or conspirator, shall be subject to a penalty of ten (10) years and one day to twelve (12) years of imprisonment. Section 4: Surveillance and Interception of Communications 4.1 Police or law enforcement officials, upon written order from the Court of Appeals, may conduct surveillance, interception, and recording of communications involving individuals charged with or suspected of terrorism. 4.2 Communications between lawyers and clients, doctors and patients, journalists and their sources, and confidential business correspondence shall be exempt from surveillance, interception, and recording. Section 5: Judicial Authorization and Effective Period 5.1 Surveillance and interception of communications shall require a written order from the authorizing division of the Court of Appeals, based on an ex parte application filed by apolice or law enforcement official authorized by the Public Security Committee. 5.2 The written order shall only be granted if there is probable cause to believe that the crime of terrorism or conspiracy to commit terrorism has been, is being, or is about to be committed, and if there is no other effective means readily available to obtain essential evidence. 5.3 The initial authorization shall be effective for a period not exceeding thirty (30) days. The authorizing division of the Court of Appeals may extend or renew the authorization for another non-extendible period, not exceeding thirty (30) days, upon satisfaction that such extension or renewal is in the public interest. 5.4 Failure to file a case within the thirty (30)-day period or failure to notify the person subject to surveillance, interception, and recording of its termination shall result in a penalty of ten (10) years and one day to twelve (12) years of imprisonment for the applicant police or law enforcement official. Section 6: Proscription of Terrorist Organizations 6.1 Any organization, association, or group of persons organized for the purpose of engaging in terrorism, or those using acts of terrorism to sow fear and panic and coerce the government, shall be declared as a terrorist and outlawed organization, association, or group of persons by a competent District Court upon application of the Ministry of Justice. Section 7: Public Security Committee 7.1 The Public Security Committee is hereby established, consisting of the Chief Presidential Secretary as Chairperson, the Minister of Justice as Vice Chairperson, and other relevant government officials. 7.2 The Committee shall formulate comprehensive anti-terrorism plans, programs, and counter-measures, coordinate efforts to combat terrorism, and ensure the proper and effective implementation of anti-terrorism policies. 7.3 The Federal Office for the Protection of the Constitution shall serve as the Secretariat of the Committee, with support agencies including the Federal Intelligence Service, Federal Criminal Police Office, Military Intelligence Service, Anti-Money Laundering Council, Kundratijan Center on Transnational Crime, and state police intelligence and investigative elements. Section 8: Repealing Clause 8.1 All laws, decrees, orders, rules, and regulations or parts thereof inconsistent with this Act are hereby repealed or modified accordingly. Section 9: Effectivity 9.1 This Act shall take effect fifteen (15) days after its publication in two newspapers of generalist nature and compliance with other requirements for its dissemination. |
Proposals
Debate
These messages have been posted to debate on this bill:
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| Vote | Seats | ||||||
| yes |
Total Seats: 349 | ||||||
| no | Total Seats: 0 | ||||||
| abstain | Total Seats: 89 |
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