Accountable Authority Act

July 28, 2013

It's time to stop police misconduct, corruption and abuse of authority!

There are litereally hundreds of thousands of laws that are used against american's every day by the police. But there are so few laws that allow ordinary citizens to take action to recover from crimes commited against them by the authoritites. For this reason I have proposed this bill which would level the playing field.

Criminal actions must be brought by my criminal prosecutors, but these prosecutors usually refused to turn against police who bring them easy to win cases. The laws proposed below would be federal law that allows an individual to bring civil cases against police officer's personally, not the department itself which is ultimately paid for by the tax payers.

Open sourced!

Please leave your comments to give us more ideas to add to this bill. Also please call your congressmen and senators and have them read this. If you are a lawyer and would like to revise this in proper form, please contact us on the contact page.

Once we have all your comments and put together a solid draft, we will run a petition to have it signed.

Accountable Authority Act

  1. Definitions
    1. Public Servant: Includes all persons elected to, employed by or contracted by any government agency, including those indirectly employed by a contracting agency.
    2. Officer: a law enforcement officer of any department, or any public servant who carries a weapon, handcuffs, or is permitted to issue citations, fines or make arrests.
  2. Professional Conduct.
    1. The following acts by an officer shall result in civil liability to the victim.
      1. Unnecessary property damage
      2. Identification
        1. A public servant must identify himself with his first and last names, badge number, department of employment, and provide a business card when requested.
        2. Each officer must wear his badge number in large identifiable patches on his uniform at all time, including on each shoulder at a height of no less than two inches in height, on the upper back no less than six inches in height, and on the front under his badge, no less than two inches in height.
      3. Video: A public servant may not
        1. Tell any person that they are not allowed to film, unless they are on private property and have been given permission by the owner.
        2. Attempt to prevent a witness from capturing video by putting his hand in front of it.
    2. A public servant ordered to violate a person's rights, shall refuse, and shall be protected against retaliation by his department.
    3. An internal affairs officer must accept all complaints, even those without merit.
    4. When a person asks if he is under arrest, a public servant conducting an investigation must respond with either a yes or a no.
    5. When a person asks why he is under arrest, an officer must state the crime with which he intends to charge the person.
    6. Must put only truthful information on a police report.
    7. No public servant may issue an order to any person who has asked for the probable cause for his detention, when the public servant has been unable to state the probable cause.
    8. If a person in any way asks for clarification of a law which a public servant claims to be a lawful order, or in which the public servant claims gives him probable cause for an arrest or citation, the officer must recite, verbatim, the statute in question. If the public servant is unable to do so, he may use his radio and have another read the law.
  3. Internal affairs
    1. A public servant should be courteous to persons with whom he interacts. An internal affairs department shall keep record of all complaints, including complaints of ill temper by a public servant. Excessive complaints against a public servant shall result is his/her termination.
    2. All agencies shall keep record of complaints against a public servant for no less than 10 years, regardless of the public servant’s end of employment.
    3. An internal affairs department shall make public on their website a list of all complaints within the past 10 years including the officer’s name and badge number, a brief summary of the complaint, the date of the complaint, the summary of findings, and the date the investigation was concluded. The public report must omit witnesses, personal information, and must be updated every 30 days.
    4. The office of the internal affairs officer must be an elected position, beginning January 2017, with the first election being held in the general election in November of 2016.
  4. Criminal Acts
    1. Any of the following shall be considered tampering with evidence.
      1. Removing or attempting to remove video, audio, or photos from a witnesses camera, phone, or other recording device.
      2. Intentionally disabling a video or audio recording device under control of the public servant or his agency.
      3. Attempting to remove a witness’ recording device from his possession before the witness is lawfully arrested.
      4. Turning off a witness’ recording device after he has been arrested without the verbal and recorded consent of the witness.
    2. Using a verbal threat of violence against any person
    3. Threatening to arrest a person if they do not comply with an unlawful order.
    4. Knowingly and untruthfully instruct a person of the law.
    5. Any retaliatory act against an officer who has refused to follow an unlawful order, or any order that would have violated a person’s rights.
  5. Citizen relief
    1. After an officer has violated any section of the code of the professional code of conduct, or has conducted a criminal act described in this act
      1. No person must follow his orders, other than to wait for a supervising officer to arrive and take over an investigation.
      2. No person can be charged with refusing to follow a lawful order or resisting arrest
    2. If a person has been arrested and no charges have been filed, or charges have been filed but a court has determined the person to be factually innocent or the arrest to be made without probably cause or sufficient evidence, the person is entitled to compensation by the department for but not limited to: legal fees, lost wages, property damage, vehicle impound and towing fees.
    3. A person in a vehicle stopped by an officer based only on reasonable suspicion and not probable cause
      1. The person has no duty to provide any information, including information required during a traffic stop where there is probable cause of a crime.
      2. If the officer, when asked, does not state that he has probable cause of a crime, the person may assume he is free to go and may drive off.
    4. A person arrested who asks why he is being arrested, but is not told, may use reasonable force to defend himself.
    5. Any public servant attempting to illegally serve a levy, lien or in any way attempt to collect property of a person, can be held personally liable for losses sustained, when the public servant has not done due diligence in verifying that the order has properly followed due process, and that it is being served on the right person, and the right property, and has been signed by a judicial authority.
  6. Public criminal cases
    1. Any person may petition a court, and the court, upon proof of probable cause, must allow the citizen to initiate a criminal complaint against a public servant.
    2. A plaintiff in a public criminal case may request, and the court must issue, upon proof of the same requirements needed by a government agency to approve the same, a warrant to search a public office, or a warrant for the arrest of a public servant.
    3. The court may charge a fee up to but not exceeding the fee for a civil trial. The court must also observe the same rules for waiving fees due to indigence or other exceptions as on civil filing fees.
    4. Public criminal warrants
      1. A search warrant issued in a public criminal case may be served on any public entity. 
      2. As all public servants are public employees, the person serving the warrant may ask for the personal assistance of a public servant in navigating files and computer systems to find the requested items named in the warrant.
      3. A person serving a warrant on a public entity may bring his own experts to assist in managing technical systems.
  7. Immunity
    1. A public servant’s immunity shall cease to exist, withstanding any previous law, if the act he committed was any of the following.
      1. Not part of his training
      2. Not done in good faith that what he was doing was legal and lawful
      3. Has violated the constitutional rights of a person, regardless of his orders. This shall include but not be limited to searches without probable cause or consent.
  8. Penalties
    1. Each public servant in violation of the professional conduct of this act
      1. Is liable for $500 per instance of the act to the victim.
      2. This amount shall be paid by the public servant directly, and these fines may not be insured, reimbursed, or otherwise compensated by their employing agency or any government agency above.
      3. The public servant will be barred from a wage increase for no less than two years.
    2. Any public servant convicted of a criminal act or found liable of a civil act not in this act, while in uniform or having used his office to help him in committing the act
      1. shall have all minimum and maximum fines and sentences doubled.
      2. shall be terminated from his position and unable to serve any other office or be employed or contracted in any way by any government agency.
      3. has impeached his oath of office.
      4. Shall surrender all payments made to him which he received during an investigation of such acts.
      5. shall surrender all benefits earned during his employment.

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