The Public Citizens Safety Act
This template law suggestion for this petition is from Karen Tracey Moore, U.S. citizen from South Carolina.
Goal is to strengthen the public safety against rogue police officers and other US Officials.
Section I.
a) This new Title would exist separate from the Civil Rights code, giving another avenue to get justice in case there is an issues in the cases.
b) It is also designed to protect the rights of individuals who are NOT United States citizens who are standing for any reason within the borders of the United States and its territories.
"Individuals" is defined as anyone who is:
1) human.
2) has a heartbeat, including a woman's womb.
c) The status of the individual is prohibited from being used to exclude a person from protection under the new act.
Examples: (foreign tourist, work visa, illegal immigrant, political party, race, sexual orientation.)
Section II.
1) The public has a right to engage a law enforcement officer in an investigation or arrest they are not involved in if the officer(s) are behaving in a way contrary to the civil right protections implied to be granted a suspect in US statues Title 34 U.S.C. ,Title 42 U.S.C., or that raises issues in Title 18 (Evidence rules) in an apprehension or public investigation inquiry. (Person speaks up, "You can't ask that minor that without a parent or attorney!")
This New title would become the controlling law in proceedings regarding (but not limited to):
1)Police brutality case,
2) Interference of investigation charge against a citizen, and
3)Citizen's arrest law regarding law enforcement.
1a) A citizen cannot use deadly force on a police official under the new title.
However, if death should arise by accident of the officer, the citizen who intervened cannot be charged for impeding an investigation, nor found criminally negligible because the fault lies with the officer using excessive force compelling action from the citizens around the officer(s) and suspect.
Why this protection is needed:
A citizen continuing on ones way without documenting the event, or reporting it anonymous can later be found liable for being an accessory after the fact in this case, or any other following incident the officer uses excessive force.
9) Citizens arrest of an officer who engaged in a crime on duty is enforceable under this new title if:
a) the action is documented on video
b) the officer is read his Miranda Rights (He is still a citizen with rights)
c) law enforcement is made fully aware of the situation of the arrest.
d) the citizen for their safety who intervenes has the right to leave the scene after documenting and stopping the officer if they think responding officers will retaliate.
Section III.
3) The law would prohibit any police officer from discharging his weapon at a suspect fleeing, unless it was a clear and present danger to other humans or animals (Car chase, etc.); and if the individual continues moving forward and possible new victim(s) are in their line of sight.
If a weapon must be discharged while he is fleeing, The non-lethal option below are to be used.
4) Pepper Spray cannisters "guns" are brought back to use by law enforcement officials, made by the SALT corporation as an alternative to guns by school staff, and at public events by in-law enforcement security. They are retrofitted Desert Eagle handguns that shoot pepper spray pellets (shaped like marbles). They can render a person unconscious or subdue them.
5) Rubber Bullets. These are painful, but effective.
Section IV.
A) Excessive force in this statue includes (but not limited to):
1) using physical force on a suspect who is subdued (unable to harm the officer). Such as,
a) the suspect is handcuffed;
b) face down on the ground with hands behind their back
c) multiple officers holding a suspect down
d) suspect is unconscious
e) suspect (detainee and or inmate) is drifting in and out of consciousness
f) Is gurgling, and can't verbally respond to commands
Section V.
6) Verbal notification from the suspect that he or she is in physical pain must be addressed immediately, even if it is from the actions of the arrest.
Examples,
"I can't breathe."
"Oww!"
"The cuffs are too tight!"
"Please, you're hurting me!"
-Guttural sounds from the throat or moaning on the ground incoherently
Unconscious, but labored breathing
7) Immediately means within seconds of the response. If the officer is unsure, they need to ask, what is wrong and adjust the situation according.
"I can't breathe" response must include,(but not limited to)
a) Sitting the suspect up,
b) loosening any clothing impeding the airway
c) use the triage kit if necessary to keep suspect conscious (smelling salts)
d) If water needed (diabetic, over 85 degrees, both acts of nature, not a crime) it must be supplied.
e) EMS MUST be contacted and in route while all attempts are made to resuscitate and/or assist the suspect.
8) If a person can barely speak and is sweating, for safety reasons, it is the responsibility of the officer to offer water to them after reading physical cues.
8a) However, criminal negligence is not assumed if the suspect/detention center/prison dies from heat exhaustion because they are not a licensed physician.
8b) A minimum mandatory sentence of 20 years in jail for each step not taken as an offense to the statute. This is because each step is designed to make every effort to avert death of a human being.
Ex. I can't breathe ignored and knee in his suspects back not removed (20 years for no water not offered, 20 years not loosening his shirt around his neck, 20 years for not getting off his back, 20 years for baton beatings. Etc.)
8c) Probation would be allowed after 10 years. For every offense convicted for, the former officer or detention center staff would have an additional 5 years added to when he could apply for probation.
Ex.
2 offenses:
1st offense 10 years added to when the officer could apply for probation.
+
2nd offense 5 years to when the officer could apply for probation.
Total years to be served before eligible for probation: 15 years.
Section VII.
If the police officer, prison official, or member of an additional agency (EMS) is found guilty of violating this title, a mandatory sentence of 20 years in prison must be applied by the adjudicating court.
Section VI.
1) Prisons and Juvenile detention centers and have public spaces and prisoners would have rights under the title. A prison guard (confirmed on surveillance) can be blocked by another employee or inmate if the prisoner being assaulted is subdued (unable to harm others) and/or unconscious. (See above for the definitions in Section II.)
2) Deadly force cannot be used on a detention center staff member or member of an assisting agency by any inmate.
2a) However, if death by an inmate should occur, the inmate cannot be criminally negligent, if he or she acted as a result of the excessive force of the staff member of the governing agency within the prison.
This protection extends to private cells in that the cells are adjacent and are within hearing of others. (like booths in a restaurant. Secluded for two, but still a public space.)
2) The same life saving measures outlined in Sections IV and V are to be carried out by acting detention personnel.
3) In case of the prisoner or juvenile's death, failure to follow through each of the outlined steps with reasonable effort by police, detention centers personnel or reporting EMS is considered a felony.
4) A minimum mandatory sentence of 20 years in jail for each step not taken as an offense to the statute. This is because each step is designed to make every effort to avert death of a human being.
Ex. I can't breathe ignored and knee in his suspects back not removed (20 years for no water not offered, 20 years not loosening his shirt around his neck, 20 years for not getting off his back, 20 years for baton beatings. Etc.)
4a) Probation would be allowed after 10 years. For every offense convicted for, the former officer or detention center staff would have an additional 5 years added to when he could apply for probation.
Ex.
2 offenses:
1st offense 10 years to probation
+
2nd offense 5 years to probation
+
3rd offense 5 years to probation
Total years to be served before eligible for probation: 20 years.
Section VII.
If the police officer or prison official is found guilty of violating this title, a mandatory sentence of 20 years in prison must be applied by the adjudicating court.
Section VIII.
9a) copies of all video of citizens arrests of Police Officers are to be kept in two different locations outside the state of the action to block corrupted officials from erasing. The data bank of video data locations is to be known only to the Justice Department. Each department gets a code number assigned, and the videos are archived (on analog), and are placed in a secure vault.
9b) Surveillance video in prisons and juvenile detention center, regardless of government agency jurisdiction or lack thereof, must have video duplicated and stored in the same coding fashion and storage indefinitely.
This is in case the juvenile, prisoner, witness, family member, or government agency can bring a complaint well after the incident.
9c) Reasons for the above
1)They are not safe from retaliation from complaint in confinement, so there is a built in restriction to their civil rights to free speech.
2) In the digital age of erasing things with a point and click, this step is necessary.
Section IX.
If the body camera is turned off before the offense by the officer begins, then it is an automatic 10 year sentence added to whatever penalties incurred from the criminal proceedings and statutes applied. A fine of $2000 is to be applied if the body camera that clearly should have been charged ahead of his/her work day did not record the incident.
A secondary back up system is to be in place that is not reliant on the main power grid in case the primary surveillance system fails.
If a surveillance system is not functioning, the warden is criminally liable as well as staff manning the cameras on the day of malfunction or lack of recording if measures aren't taken to keep the continual flow of recording in the prison (flowing from one system to the other) making sure there is no gap in surveillance.
If staff from any detention center, whether private sector or government controlled, this Title and the statutes here in can be applied.
Mandatory minimum 5 years, and removal from the right to work as a detention center employee nationwide.
Section XI.
The individual who is a victim under this statute and/or their families can still bring a civil suit against the individual officer, detention, and government municipalities who do not comply with this title without a conviction being brought in a criminal proceedings.
Why? Because if he/she (suspect) dies, the taxpayer pays.
How they pay:
Lawsuit from family (city pays)
Bad press
Loss conference deals
Lost business deals for the city
Lost event bids from bad press (Olympics, Super Bowl)
Protests (loss of worker revenue)
Productivity from event lowers productivity
Anxiety shortens life span of community citizens.
Please sign to get Congress to settle this once and for all. We the People have the right to exist in this democracy.
For questions, please e mail me at karentraceymoore@gmail.com
Goal is to strengthen the public safety against rogue police officers and other US Officials.
Section I.
a) This new Title would exist separate from the Civil Rights code, giving another avenue to get justice in case there is an issues in the cases.
b) It is also designed to protect the rights of individuals who are NOT United States citizens who are standing for any reason within the borders of the United States and its territories.
"Individuals" is defined as anyone who is:
1) human.
2) has a heartbeat, including a woman's womb.
c) The status of the individual is prohibited from being used to exclude a person from protection under the new act.
Examples: (foreign tourist, work visa, illegal immigrant, political party, race, sexual orientation.)
Section II.
1) The public has a right to engage a law enforcement officer in an investigation or arrest they are not involved in if the officer(s) are behaving in a way contrary to the civil right protections implied to be granted a suspect in US statues Title 34 U.S.C. ,Title 42 U.S.C., or that raises issues in Title 18 (Evidence rules) in an apprehension or public investigation inquiry. (Person speaks up, "You can't ask that minor that without a parent or attorney!")
This New title would become the controlling law in proceedings regarding (but not limited to):
1)Police brutality case,
2) Interference of investigation charge against a citizen, and
3)Citizen's arrest law regarding law enforcement.
1a) A citizen cannot use deadly force on a police official under the new title.
However, if death should arise by accident of the officer, the citizen who intervened cannot be charged for impeding an investigation, nor found criminally negligible because the fault lies with the officer using excessive force compelling action from the citizens around the officer(s) and suspect.
Why this protection is needed:
A citizen continuing on ones way without documenting the event, or reporting it anonymous can later be found liable for being an accessory after the fact in this case, or any other following incident the officer uses excessive force.
9) Citizens arrest of an officer who engaged in a crime on duty is enforceable under this new title if:
a) the action is documented on video
b) the officer is read his Miranda Rights (He is still a citizen with rights)
c) law enforcement is made fully aware of the situation of the arrest.
d) the citizen for their safety who intervenes has the right to leave the scene after documenting and stopping the officer if they think responding officers will retaliate.
Section III.
3) The law would prohibit any police officer from discharging his weapon at a suspect fleeing, unless it was a clear and present danger to other humans or animals (Car chase, etc.); and if the individual continues moving forward and possible new victim(s) are in their line of sight.
If a weapon must be discharged while he is fleeing, The non-lethal option below are to be used.
4) Pepper Spray cannisters "guns" are brought back to use by law enforcement officials, made by the SALT corporation as an alternative to guns by school staff, and at public events by in-law enforcement security. They are retrofitted Desert Eagle handguns that shoot pepper spray pellets (shaped like marbles). They can render a person unconscious or subdue them.
5) Rubber Bullets. These are painful, but effective.
Section IV.
A) Excessive force in this statue includes (but not limited to):
1) using physical force on a suspect who is subdued (unable to harm the officer). Such as,
a) the suspect is handcuffed;
b) face down on the ground with hands behind their back
c) multiple officers holding a suspect down
d) suspect is unconscious
e) suspect (detainee and or inmate) is drifting in and out of consciousness
f) Is gurgling, and can't verbally respond to commands
Section V.
6) Verbal notification from the suspect that he or she is in physical pain must be addressed immediately, even if it is from the actions of the arrest.
Examples,
"I can't breathe."
"Oww!"
"The cuffs are too tight!"
"Please, you're hurting me!"
-Guttural sounds from the throat or moaning on the ground incoherently
Unconscious, but labored breathing
7) Immediately means within seconds of the response. If the officer is unsure, they need to ask, what is wrong and adjust the situation according.
"I can't breathe" response must include,(but not limited to)
a) Sitting the suspect up,
b) loosening any clothing impeding the airway
c) use the triage kit if necessary to keep suspect conscious (smelling salts)
d) If water needed (diabetic, over 85 degrees, both acts of nature, not a crime) it must be supplied.
e) EMS MUST be contacted and in route while all attempts are made to resuscitate and/or assist the suspect.
8) If a person can barely speak and is sweating, for safety reasons, it is the responsibility of the officer to offer water to them after reading physical cues.
8a) However, criminal negligence is not assumed if the suspect/detention center/prison dies from heat exhaustion because they are not a licensed physician.
8b) A minimum mandatory sentence of 20 years in jail for each step not taken as an offense to the statute. This is because each step is designed to make every effort to avert death of a human being.
Ex. I can't breathe ignored and knee in his suspects back not removed (20 years for no water not offered, 20 years not loosening his shirt around his neck, 20 years for not getting off his back, 20 years for baton beatings. Etc.)
8c) Probation would be allowed after 10 years. For every offense convicted for, the former officer or detention center staff would have an additional 5 years added to when he could apply for probation.
Ex.
2 offenses:
1st offense 10 years added to when the officer could apply for probation.
+
2nd offense 5 years to when the officer could apply for probation.
Total years to be served before eligible for probation: 15 years.
Section VII.
If the police officer, prison official, or member of an additional agency (EMS) is found guilty of violating this title, a mandatory sentence of 20 years in prison must be applied by the adjudicating court.
Section VI.
1) Prisons and Juvenile detention centers and have public spaces and prisoners would have rights under the title. A prison guard (confirmed on surveillance) can be blocked by another employee or inmate if the prisoner being assaulted is subdued (unable to harm others) and/or unconscious. (See above for the definitions in Section II.)
2) Deadly force cannot be used on a detention center staff member or member of an assisting agency by any inmate.
2a) However, if death by an inmate should occur, the inmate cannot be criminally negligent, if he or she acted as a result of the excessive force of the staff member of the governing agency within the prison.
This protection extends to private cells in that the cells are adjacent and are within hearing of others. (like booths in a restaurant. Secluded for two, but still a public space.)
2) The same life saving measures outlined in Sections IV and V are to be carried out by acting detention personnel.
3) In case of the prisoner or juvenile's death, failure to follow through each of the outlined steps with reasonable effort by police, detention centers personnel or reporting EMS is considered a felony.
4) A minimum mandatory sentence of 20 years in jail for each step not taken as an offense to the statute. This is because each step is designed to make every effort to avert death of a human being.
Ex. I can't breathe ignored and knee in his suspects back not removed (20 years for no water not offered, 20 years not loosening his shirt around his neck, 20 years for not getting off his back, 20 years for baton beatings. Etc.)
4a) Probation would be allowed after 10 years. For every offense convicted for, the former officer or detention center staff would have an additional 5 years added to when he could apply for probation.
Ex.
2 offenses:
1st offense 10 years to probation
+
2nd offense 5 years to probation
+
3rd offense 5 years to probation
Total years to be served before eligible for probation: 20 years.
Section VII.
If the police officer or prison official is found guilty of violating this title, a mandatory sentence of 20 years in prison must be applied by the adjudicating court.
Section VIII.
9a) copies of all video of citizens arrests of Police Officers are to be kept in two different locations outside the state of the action to block corrupted officials from erasing. The data bank of video data locations is to be known only to the Justice Department. Each department gets a code number assigned, and the videos are archived (on analog), and are placed in a secure vault.
9b) Surveillance video in prisons and juvenile detention center, regardless of government agency jurisdiction or lack thereof, must have video duplicated and stored in the same coding fashion and storage indefinitely.
This is in case the juvenile, prisoner, witness, family member, or government agency can bring a complaint well after the incident.
9c) Reasons for the above
1)They are not safe from retaliation from complaint in confinement, so there is a built in restriction to their civil rights to free speech.
2) In the digital age of erasing things with a point and click, this step is necessary.
Section IX.
If the body camera is turned off before the offense by the officer begins, then it is an automatic 10 year sentence added to whatever penalties incurred from the criminal proceedings and statutes applied. A fine of $2000 is to be applied if the body camera that clearly should have been charged ahead of his/her work day did not record the incident.
A secondary back up system is to be in place that is not reliant on the main power grid in case the primary surveillance system fails.
If a surveillance system is not functioning, the warden is criminally liable as well as staff manning the cameras on the day of malfunction or lack of recording if measures aren't taken to keep the continual flow of recording in the prison (flowing from one system to the other) making sure there is no gap in surveillance.
If staff from any detention center, whether private sector or government controlled, this Title and the statutes here in can be applied.
Mandatory minimum 5 years, and removal from the right to work as a detention center employee nationwide.
Section XI.
The individual who is a victim under this statute and/or their families can still bring a civil suit against the individual officer, detention, and government municipalities who do not comply with this title without a conviction being brought in a criminal proceedings.
Why? Because if he/she (suspect) dies, the taxpayer pays.
How they pay:
Lawsuit from family (city pays)
Bad press
Loss conference deals
Lost business deals for the city
Lost event bids from bad press (Olympics, Super Bowl)
Protests (loss of worker revenue)
Productivity from event lowers productivity
Anxiety shortens life span of community citizens.
Please sign to get Congress to settle this once and for all. We the People have the right to exist in this democracy.
For questions, please e mail me at karentraceymoore@gmail.com
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