Friday, June 24, 2022

[Bill Discussion] 2022 Overhaul


full image - Repost: [Bill Discussion] 2022 Overhaul (from Reddit.com, [Bill Discussion] 2022 Overhaul)
This is meant to be a "catch all" bill that "catches up" the constitution. It will include both pre-existing nmta and new revisions suited for CivMC per the requests made to the author. Each section is meant to be applied sequentially, meaning that later sections may overwrite the last. Please proceed down the list in sequential order.For reference, baseline (from which editing for this bill begins) for each document follows:Document NameURLConstitutionhttps://old.reddit.com/r/MtAugusta/wiki/constitution?v=608c49b3-66e7-11ea-b913-0ed8b1fbcfd7Criminal Codehttps://old.reddit.com/r/MtAugusta/wiki/criminal_code?v=8e266e01-9849-11ea-b5e2-0efdb114845b"Property Stimulus Package Part 1"The following will be altered in BOR XII:XII. Neither the State nor its representatives shall, under any circumstance, seize the property of Augustan residents except through means available to all private individuals.XII. Neither the State nor its representatives shall seize the property of Mount Augustan residents outside means available to all private individuals, except for in one of the following circumstances:i. where such property has been proven to threaten the security or sovereignty of Mount Augusta;ii. as a punishment for crime whereof the party has been duly convicted and for which that criminal statute explicitly states property may be seized;iii. as part of arbitration or appeal of a previous seizure of property.The following will be appended to the BOR:XVII. Neither the State nor its representatives shall seize the property of Mount Augustan residents through means not available to private individuals without informing the public through a constitutionally defined act.The following will be altered in Article II, Section B, Part iv:iv. The Mayor may enact new laws by decree, provided such does not constitute an action expressly prohibited by prevailing law, including, but not limited to, a violation of the Bill of Rights, overturning a popular vote for an official position, blocking their own impeachment, reducing the requirements to seize property, reducing the punishment for or offenses of 200.03 Theft by Mayoral Seizure, or expanding their own scope of enacting new laws through decree.The following will be appended in Article IV, Section B:iv. Willful, mutual transfer of structures or land must be performed through contract law, following the guidelines set out in criminal code 600.02, should they not be performed through some other constitutional function. Transfer of groups or a subreddit post are sufficient evidence to initially prove that a transfer has occurred. This clause only applies to absolute ownership and does not need apply to rentals. Intentional attempts to violate this clause constitute an offense under 200.01, Theft of Property.The following will be appended to Article IV, Section C, Part ii:c. If there are multiple dereliction signs placed as part of the present dereliction of the property, then each sign must be clearly visible in at least one screenshot. Hiding or overplacing of signs is not permitted.The following will be altered in Article IV, Section C, Part viii:viii. If a property owner will have an extended absence from CivClassic or Reddit, both the posting of a sign on their property declaring this absence, or a post to /r/MtAugusta specifying their property and declaring this absence, will exempt the posted property from dereliction for a period of 3 months. This will not protect the property owner from instant dereliction as a punishment for crime whereof the party has been duly convicted.The following will be altered in Article IV, Section D:D. Emergency Asset Mayoral Seizurei. In the case of property, including, but not limited to, real estate, structures, bunkers, or materials posing a significant threat to, or being actively used to attack or circumvent the state of Mt. Augusta or its citizens, the asset(s) may be declared forfeit and seized by the state, by authorization of the Mayor. When such action is taken, it must be publicized on /r/MtAugusta within 24 hours.a. The Mayor may compel the former party of ownership to disable or evacuate the property with a limited window of time.i. Requirements for Mayoral Seizure:a. The act of seizing the property in question must meet the requirements of BOR XII.b. The act of seizing the property in question must be performed per the requirements of BOR XVII.c. The property in question must prominently feature somewhere on it or primarily consist of either obsidian, snitches, or bastions OR be a public right of way such as an ungated road or railway.d. The property must fall within at least one of the following classifications:a snitch grida bastion grida potion bunkera sky bunkera fall trapa trencha water trapa vault with either 1 ring of bastions and a wall or a three layer or greater pyramida ground bunkera spider web trapa lava trapan ungated roadwayan ungated railwayan ice roada sky bridgee. The property must be considerable as worthwhile aid to someone committing a criminal offense under 500.f. The Mayor must have reasonable belief that the property won't be used in the law-abiding service of Mount Augusta's citizens and will instead be used at some point to threaten the State. This includes all structures that meet the previous requirements that are manned or controlled primarily by non-residents or resident non-citizens.ii. The Mayor seeking ownership of a property eligible for Mayoral seizure will:a. Make a post on the subreddit /r/MtAugusta declaring intention of Mayoral seizure, with the post containing "[Seizure]" in the title, the coordinates of the property, and a link to one or more screenshots of the property, showing relevant structures.iii. For seven (7) days after the post declaring intention of Mayoral seizure is made, any Judge in Mount Augusta as defined by Article III Section B, may object to the Mayoral seizure by commenting on the post stating their objection, and their reason for it.iv. During the wait period for as long as there is no valid objection, the property which is the subject of Mayoral seizure proceedings, along with the structures and items within, are the property of the initiator unless it is later determined that the property was not eligible for seizure.v. Attempts made by the owner to file suit against the Mayor for initiating the Mayoral seizure do not constitute themselves an objection to or freezing of the Mayoral seizure: a Judge must follow the process outlined in iii for an objection to be made.vi. If the initiator believes an objection to their Mayoral seizure to be frivolous or unjustifiable, they may have the Judges review the objection. The Judges will then vote to sustain or overrule said objection, with a majority vote deciding the outcome. Should there be a tie amongst the vote of the Judges, the vote of the current Mayor will count as the tiebreaker. If an objection is overruled, the objection is invalid. Mayoral seizures are assumed not to have gone through while voting is underway. Voting must conclude within three (3) days of the wait period ending, or the seizure is automatically rejected.vii. If there is no valid objection within the waiting period, the property which was the subject of seizure proceedings, along with the structures and items within, will remain the property of the initiator.viii. If the wait period ends beyond the term of the initiating Mayor, then the seizure will continue under the initiator.The following will be altered in 200.02 Theft by Dereliction:200.02 Theft by Dereliction1. Offensesa. Abusing the dereliction system by initiating a dereliction on the same property as before. This dereliction must be both repetitive and successive, with successive being construed at most as a seven (7) day period between initiations. Recent derelictions of the same property by others also count toward meeting the repetitive and successive natures of this qualification. This dereliction must be in spite of recent objections by the property owner. This dereliction can be made with or without the intent to deprive the owner of possession of such property.b. Abusing the dereliction system by hiding a dereliction thread from a Judge or the general public, such as through the use of deletions, nsfw flags, downvotes, edits (i.e. edits to dereliction threads may not deceptively change the properties being derelicted), and any other improper thread manipulation techniques.c. Abusing the dereliction system by placing or hiding additional dereliction signs that are not clearly visible in the dereliction thread, with the intended the purpose of ensuring that the property owner cannot find all the signs to break.d. The following will be prosecuted as the same:i. coercion by force, threat of force, fraud, payment or contracting by promise of payment or reimbursement any party with the goal of causing the aboveii. materially assisting anyone via donation of goods, materials, or other aid (snitch network access, etc.) with the goal of causing the aboveb. The coercion by force, threat of force, fraud, payment or contracting by promise of payment or reimbursement any party with the goal of causing the above shall be prosecuted as the samec. Materially assisting anyone via donation of goods, materials, or other aid (snitch network access, etc.) with the goal of causing the above shall be prosecuted as the same2. Burden of Proofa. The prosecution must prove beyond a reasonable doubt (as defined in section 900: Definitions of Burdens of Proof) that the facts constituting the prosecution did exist in order to sustain a finding of guilt.3. Mandatory Minimum Sentencinga. If the judge sustains a finding of guilt, the judge will deliver a sentence based upon the counts of the crime. Counts will be understood as individual instances of theft, or prior instances in which the defendant was convicted of the same crime. Multiple counts on one occasion may be served concurrently or consecutively, as decided by the judge.b. One count will result in three days to six days Prison Pearl or Exile Pearl.c. Two counts will result in one week to two weeks Prison Pearl or Exile Pearl.d. Three counts will result in two weeks to four weeks Prison Pearl or Exile Pearl.e. Four counts and up will result in four weeks to eight weeks Prison Pearl or Exile Pearl.4. Reparationsa. Reparations to the parties affected by the theft will be decided between the affected parties and the convicted. If an agreement cannot be reached, an arbitrator may be requested by either side. The Judge may opt to seize the property and return it to its rightful owner among the plaintiffs in the trial verdict, regardless of agreement or arbitration. Criminals cannot be released without paying the agreed upon reparations and returning property obtained from the affected parties, even if their sentence has expired in duration. If the criminal feels the reparation amount is unreasonable and a decision cannot be reached through arbitration, they may request the judge from the trial to give an amount to be paid.The following will be appended to 200 in the Criminal Code:200.03 Theft by Mayoral Seizure1. Offensesa. Abusing the Mayoral seizure system by initiating a Mayoral seizure on the same property as before. This seizure must be both repetitive and successive, with successive being construed at most as a seven (7) day period between initiations. Recent seizures of the same property by others also count toward meeting the repetitive and successive natures of this qualification. This seizure must be in spite of recent objections by the Judges. This seizure can be made with or without the intent to deprive the owner of possession of such property.b. Abusing the Mayoral seizure system by initiating a Mayoral seizure on a property that is not eligible. This action must be intentional and the lack of eligibility well known to the initiator. Either an objection by a Judge or a vote by the Judges as defined in the Mayoral seizure system, in which the Judge or Judges' primary reasoning was a lack of eligibility, OR a court case in which the result is the invalidation of the eligiblity of the property at initiation of seizment are sufficient to determine the property was not eligible.c. The following will be prosecuted as the same:i. coercion by force, threat of force, fraud, payment or contracting by promise of payment or reimbursement any party with the goal of causing the aboveii. materially assisting anyone via donation of goods, materials, or other aid (snitch network access, etc.) with the goal of causing the above2. Burden of Proofa. The prosecution must prove beyond a reasonable doubt (as defined in section 900: Definitions of Burdens of Proof) that the facts constituting the prosecution did exist in order to sustain a finding of guilt.3. Mandatory Minimum Sentencinga. If the judge sustains a finding of guilt, the judge will deliver a sentence based upon the counts of the crime. Counts will be understood as individual instances of theft, or prior instances in which the defendant was convicted of the same crime. Multiple counts on one occasion may be served concurrently or consecutively, as decided by the judge.b. One count will result in one week to two weeks Prison Pearl or Exile Pearl.c. Two counts will result in two week to four weeks Prison Pearl or Exile Pearl.d. Three counts will result in four weeks to eight weeks Prison Pearl or Exile Pearl.e. Four counts and up will result in eight weeks to sixteen weeks Prison Pearl or Exile Pearl.4. Reparationsa. Reparations to the parties affected by the theft will be decided between the affected parties and the convicted. If an agreement cannot be reached, an arbitrator may be requested by either side. The Judge may opt to seize the property and return it to its rightful owner among the plaintiffs in the trial verdict, regardless of agreement or arbitration. Criminals cannot be released without paying the agreed upon reparations and returning property obtained from the affected parties, even if their sentence has expired in duration. If the criminal feels the reparation amount is unreasonable and a decision cannot be reached through arbitration, they may request the Judge from the trial to give an amount to be paid.The following will be altered in 600.01 Violation of the Bill of Rights or Constitution:600.01 Violation of the Bill of Rights or Constitution1. Offensesa. Generally, any blatant violation of a protection or provision of the Bill of Rights, the Constitution, or other bill, resolution, or elevated legal document considered a binding contract on residents and visitors to Mount Augusta.2. Burden of Proofa. The prosecution must prove by the preponderance of the evidence (as defined in section 900: Definitions of Burdens of Proof) that the facts constituting the prosecution did exist in order to sustain a finding of guilt.3. Mandatory Minimum Sentencinga. If a judge sustains a finding of guilt and also determines that no criminal statute(s) other than "600 - General Crimes" 600.01 Violation of the Bill of Rights or Constitution could have applied to the accused's relevant actions (or inactions), the judge will deliver a sentence based upon the counts of the crime. Sentencing can include Prison Pearl or Exile Pearl time and / or reparations, as per the case under consideration. If reparations are determined, the judge must indicate in their judgement a reasonable timeframe for the repayment of reparations owed to the plaintiff, if any.b. If a judge sustains a finding of guilt, but also determines that one or more different criminal statute(s) could have applied to the same actions (or inactions), the judge will not deliver any sentence or require payment of any reparations for "600.01 Violation of the Bill of Rights or Constitution" outside of what is outlined in part d. "600 - General Crimes."c. Additional counts of a crime should escalate the terms of both Prison Pearl or Exile Pearl time and reparation. Roughly, each count should scale the time and reparations linearly. As an example, if a single count results in 1 week and 5 diamonds, two counts should have a judgement of 2 weeks and 10 diamonds. Sentencing is at the discretion of the judges, and can be appealed to the Mayor, whose decision is final and binding.d. If a judge sustains a finding of guilt and any property transfers were involved in the offenses, then the Judge may opt to seize the property and return it to its rightful owner in the trial verdict, regardless of agreement or arbitration.4. Alleviated Sentencinga. At the discretion of the presiding Judge on a finding of guilt or via a plea-bargain of guilt from the defendant, Prison Pearl or Exile Pearl time can be waived or reduced, but only if replaced by numerically greater reparations paid by the defendant to the plaintiff.5. Reparationsa. If reparations are not paid in a timely manner (as defined by the judge during sentencing), the defendant can be tried for this lapse under provisions 200.01 -- Theft.600.02 Breach of Contract1. Offensesa. Generally, any violation of a mutually agreed-upon contract between two or more players.2. Elementsa. The plaintiff must prove ALL the following to sustain a guilty verdict:i. That the Defendant(s) entered into the contract willingly at the time of signingii. That the Defendant(s) was aware that they were entering into the contractiii. That the Defendant(s) willfully violated the contract, knowing they were violating the contractiv. The contract must be in written formv. Both sides must electronically sign the contract (via reddit comments, discord screenshots, etc)vi. Both parties have to gain some benefit from the other party. there must be an exchange of something valuable. goods, services, valuable promises, interest/shares in something, etc.vii. The contact cannot contain any clauses which violate any Augustan laws, either explicitly or implicitlyix. The contract cannot require physically or logically impossible things to happenx. The contract cannot restrict or violate any rights of either party, mainly under the MtA Bill of Rights.xi. Parties cannot be coerced or threatened into signingxii. The contract cannot imply falsehoods in its text, which would make it fraudulentxiii. The contract must be clearly understandable. If a judge is ruling on a contract and can't figure out what it means, it can be voided by the judgexiv. All exchanges must be precise.3. Sentencinga. The Judge is empowered to levy restitution against the Defendant based on the original terms of the contract (provided it does not violate his/her Constitutional rights), plus any penalty they feel is just. If this involves return of a property in question, then the judge will seize the property and return it to its rightful owner in the trial verdict.b. Nonpayment of this restitution is considered theft under 200.01 of this code."Constitutional Stimulus Package"The following will be altered in the Constitution under Article I Section B:i. Voting on Billsa. The voting process shall take place on the official Mount Augusta subreddit. Each bill must be posted in two rounds. First in a post containing "[Bill Discussion]" in the title, which must remain open for at least 24 hours. Voting will not yet occur in this post. The bill must be clearly described in the body of the post. After at least 24 hours has passed, another reddit post must be made containing "[Bill Vote]" in the title. The bill must again be clearly written in the body of the post, and may be a revised version of the original one. Voting shall be open for 48 hours.The following will be altered in the Constitution under Article II Sections B and C:B. Creation of nNew lLawsThe following will be appended to the Constitution under Article II Section B:v. No law may be created thatv. No law may be created that targets a group or individual or that sets differing standards of behavior or punishment for a group or individual. No law may be applied retroactively, except for bills granting amnesty. Any law violating this section shall be invalid. WIP STUB REWRITE TO START LIST OF ERRORS AND UNACCEPTABLE REASONSThe following will be appended to the Criminal Code under 500:500.02 - Statutory Sabotage1. Offensea. Any attempt to intentionally create errors in the statutory law of the State of Mount Augusta through a legislative act.b. Any attempt to blank the statutory law of the State of Mount Augusta through a legislative act.c. Any attempt to slim the statutory law of the State of Mount Augusta through a legislative act per solely and primarily the following unsatisfactory reasons:i. "Mount Augusta's statutory law is longer than a real-world contemporary"ii. "Mount Augusta's statutory law is too long to read"iii. "Mount Augusta's statutory law is just too long"d. Any attempt to alter the statutory law of the State of Mount Augusta outside of a legally defined act.e. The following will be prosecuted as the same:i. coercion by force, threat of force, fraud, payment or contracting by promise of payment or reimbursement any party with the goal of causing the aboveii. materially assisting anyone via donation of goods, materials, or other aid (snitch network access, creating bill, etc.) with the goal of causing the above2. Burden of Proofa. The prosecution must prove with clear and convincing evidence (as defined in section 900: Definitions of Burdens of Proof) that the facts constituting the prosecution did exist in order to sustain a finding of guilt.3. Mandatory Minimum Sentencinga. If the judge sustains a finding of guilt, then the judge will deliver a sentence based upon the counts of the crime. Counts will be understood as individual instances of treason, or prior instances in which the defendant was convicted of the same crime. Multiple counts on one occasion may be served concurrently or consecutively, as decided by the judge.b. One count will result in 1 to 6 weeks (7 to 42 days) Prison Pearl or Exile Pearl.c. Two counts will result in 5 to 10 weeks (35 to 70 days) Prison Pearl or Exile Pearl.d. Three counts will result in lifetime Prison Pearl or Exile Pearl.4. Alleviating Sentencinga. The community of Mount Augusta as a whole may decide to reduce the sentence of an individual given a lifetime sentence, Prison Pearl or Exile Pearl, via ⅔ vote of registered Mount Augusta voters on the subreddit if all of the following conditions are met:i. the individual has already served a minimum of four weeks Prison Pearl or Exile Pearlii. the individual issues a formal, public declaration as an independent post on /r/MtAugusta, swearing to never again commit an act of sabotage against usiii. the subreddit alleviating sentencing post is allowed 48 hours for votes to be posted5. Reparationsa. The sentencing judge may recommend that some or all of the property owned (within the borders of the State of Mount Augusta) by the individual convicted of treason may be declared derelict, effective immediately and without appeal. It shall be considered unowned and available for new ownership within 1 week of this declaration, as if unimproved. Any existing structures, and any items within, are forfeit. For the recommendation to pass, a simple majority of judges must concur on the terms of reparations; this act of deciding must be recorded in either the trial request, trial, or trial verdict. Any ties are broken by the Mayor.WIP PAST THIS POINT REMNANTS OF OLD POST NEED TO REMAP IMPROPER EDITS OF NMTA CONSTITUTIONThe following will be altered in Continuity of Government:II. The following people are given sovereign control, with the exception of meeting the requirements of this section, over all state affairs and therefore, at least, act as fully immune Mayors, Judges, citizens, residents, and voters all simultaneously:i. HenryDraton (/u/HDraton) No one.III. All requirements and regulations regarding /r/MtAugusta and /r/mtaugustajustice shall be redirected to /r/nmta, however all posts made must also be cross-posted/copied to their originally correct sub-reddits at the public's leisure.IV. All precedents from /r/mtaugustajustice as of May 1, 2020 carry over into /r/nmta and shall be enforced until overridden here or invalidated for some reason.V. All derelictions and seizures must be approved in their corresponding dereliction, trial verdict, and seizure threads by those granted responsibility under part II before the property in question can be considered as legally transferring hands. Any seizures not approved shall be considered frozen before they begin and any derelictions not approved shall be considered frozen before they end.VI. Those granted responsibility under part II may not alter this section without their full, publicly visible agreement in a legal bill vote as outlined in Article I Section B.idk I'll keep drafting this when I'm awake


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