Penal Code

Category:Legislation
State of San Andreas Penal Code
The following is a record of the penal codes process within ONX's San Andreas.Accurate as of August 2024.
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==State of San Andreas Code ==
===Section 001 | Statute of Limitations and Arrest Warrants===
The Statute of Limitations shall be set out as follows:
Offense Level	Statute of Limitations 	Warrant Expiration
Felony A 	NO STATUTE OF LIMITATIONS	N/A
Felony B 	Forty Five (45) Days 	Twenty-One (21) Days
Felony C 	Ninety (90) Days 	Thirty (30) Days
Felony D 	Twenty (20) Days 	Ten (10) Days
Misdemeanor A	Fifteen (15) Days 	Seven (7) Days
Misdemeanor B	Fifteen (15) Days 	Seven (7) Days
Misdemeanor C	Fifteen (15) Days 	Seven (7) Days
Infraction 	Five (5) Days 	Two (2) Days
The statute of limitations shall be incident specific; where multiple offenses are charged arising out of a singular incident, the statute of limitations shall be the longest statute applicable to any individual offense.
Appeals and Civil Matters: The statute of limitations to appeal any criminal matter shall be twenty-one (21) days. A petitioner may request an extension of the statute of limitations from the Court.
The statute of limitations for all civil matters shall be twenty-one (21) days. A petitioner may request an extension to the same should there be a correlating criminal matter pending completion.
Arrest Warrants: Arrest warrants may be issued by any peace officer in the State of San Andreas upon probable cause to substantiate an arrest.
Upon the expiration of any arrest warrant, charges may no longer be pressed upon the suspect pertaining to the incident in question.
Intensive Care: Where a suspect has been apprehended and is in police custody, a warrant is not necessary for pressing charges and the suspect may be charged and processed upon medical clearance, regardless of the duration of their intensive care stay.
Where a suspect is released from intensive care due to staffing error, clerical error, or otherwise by mistake despite being in police custody, an indefinite warrant may be issued for the suspect's apprehension.
=== Section 002 | DNA Collection===
A DNA Sample, collected through the most reasonable and least intrusive means available to the peace officer at the time of collection, may be collected without a warrant upon probable cause of the commission of a violent felony. If a fourth amendment violation is alleged, the citizen whose DNA is collected may appeal the collection of evidence through a simultaneous bench trial, appeal, or other suit involving the underlying alleged offenses.
After warrantless DNA collection, The State shall have 21 days to bring forth criminal charges stemming from the incident that prompted the collection; failure to do so within this period entitles the citizen whose DNA was collected to petition the court for its removal from the peace officer's database. The State may request an extension on this deadline, provided that the charges remain within the statute of limitations. (See State v. Raith Robinson #10374)
Otherwise, a peace officer may submit a warrant for the collection of a citizen’s DNA from the Department of Justice if law enforcement has probable cause that an individual has committed crimes, and law enforcement has reasonable belief that the collection of DNA is necessary to prove the offenses committed.
DNA will only be removed from the peace officer’s database upon an order of the Court demanding the same.
DNA may be collected from any corpse by medical staff or peace officers as part of the autopsy process.
===Section 003 | General Conditions of Bail and Parole===
====Misdemeanor (D) - Felony (B) Parole Conditions====
Individuals sentenced on any Misdemeanor (D) - Felony (B) carrying a parole sentence shall be subject to the following upon indictment on any misdemeanor or felony level offenses committed during the period of parole that follows:(1) The individual shall be subject to serve any remaining parole time incarcerated by the state, and;
(2) The individual shall be subject to serve twice the statutory limit for any newly arrested offenses.
====Felony (A) Bail and Parole Conditions====
====Bail====
Upon apprehension of any Felony (A) offense, or any other offense resulting in a hold, the Defendant shall be entitled to the immediate request for a bail hearing. Law enforcement or the staff of the District Attorney’s Office shall be responsible for contacting a judge for an immediate bail hearing. Should no judge be available, the docket posting should be posted immediately and a motion and response for bail may be posted on the docket to be reviewed by a judicial officer.
Bail may be denied by any judge or justice on judicial discretion for reasons including:
*Multiple Felony A offenses being accused simultaneously;
*Multiple prior Felony A convictions, especially in a short period of time, or;
*Where the Defendant has failed to appear before the Court previously;
*In rare circumstances, based on the serious nature of the offenses alleged.
Bond for release on bail shall be paid in twenty percent (20%) of the amounts scheduled below:
Treason 	$100,000.00
Terrorism 	$80,000.00
Government Corruption 	$60,000.00
Murder of a Government Employee	$60,000.00
Murder 	$60,000.00
Mayhem 	$45,000.00
Weapons Manufacturing 	$60,000.00
Weapons Trafficking 	$45,000.00
Drug Trafficking 	$60,000.00
Upon violation of bail, the full bail amount shall be forfeit and the Defendant shall be remitted into custody until such a time as trial is scheduled.
Bail may be posted by the Defendant or may be posted by a third party such as a bondsman.
A bail bondsman, licensed by the State, who posted bond for the Defendant may be authorized and empowered by a judge or justice in skip tracing, apprehension, and bounty hunting efforts to bring the Defendant into custody.
In criminal trials where an individual seeks bail and a bail hearing is heard before the judiciary, the State must post the court case within 48 hours, officially identifying the person as a defendant. Similarly, in criminal trials where a court case has been docketed, the State is required to motion the judiciary within 24 hours to add the individual as either a defendant or co-defendant.
====Felony (A) Parole Conditions====
Upon release from custody on Parole while indicted on any Felony(A) offense, the Defendant shall be subject to the following conditions, as well as any conditions implemented by the judge or justice responsible for the issuance of parole:1. You must supply either peace officers or the Department of Justice with your new address before you move.
2. You must notify either peace officers or the Department of Justice within three days if the location of your employment changes, or if you get a new job.
3. You must follow all lawful orders and written instructions issued by the Department of Justice or by peace officers.
4. You must commit no other felonies; Indictment on any felony offense shall constitute an immediate parole violation.
5. You must not carry any firearms, or anything that looks like a real firearm, bullets, ammunition, or any other weapons including knives, bats, or any other melee instrumentation that could be utilized as a weapon.
==== ADVANCED FELONY (A) PAROLE CONDITIONS====
 *Treason
*Terrorism
*Government Corruption
*Murder of a Government Employee
* Murder
Upon release from custody on Parole while indicted on the above listed Felony(A) offenses, the Defendant shall be subject to the GENERAL FELONY (A) PAROLE CONDITIONS, in addition to the below:1. The Defendant shall report to the Department of Corrections, in person, once per day when they are awake between their waking and sleeping hours for an in person check in and interview for compliance with parole conditions.
2. The Defendant's bank and telephone records may be requested, without probable cause, by peace officers or prosecutors of the State of San Andreas once every twenty-four (24) hours.
3. The Defendant must complete six (6) hours of community service under a community service supervisor per week.
4. The Defendant shall have no contact with any listed witness, victim, or officer directly involved in their prosecution outside of unavoidable and professional circumstances.
5. The Defendant must obey all laws; indictment on any misdemeanor or felony offense shall constitute an immediate parole violation.
6. The Defendant may be subject to frisk by peace officers to ensure compliance with (5) of GENERAL FELONY (A) BAIL AND PAROLE CONDITIONS.
=== Section 004 | Community Service===
====Community Service in Lieu of Time====
Where an individual is either found or pleads guilty to a Felony (A) level offense, The State of San Andreas may allow individuals to perform community service in lieu of serving their full prison sentence.
Two (2) hours of completed supervised community service may result in a reduction of one (1) year of a sentence of imprisonment or parole, up to six (6) hours per day.
Individuals who have been indicted on the offenses of Escaping Custody or Escape from Prison within twenty-one (21) days shall be ineligible to leave prison to complete community service under this section. These individuals may complete community service within the walls of the State Penitentiary.
==== Community Service in Lieu of Fines====
The State of San Andreas may allow individuals to perform community service in lieu of fine payments.
Each hour of completed supervised community service may result in a fine reduction of $500.00.
====Community Service Supervision====
Community Service must be performed under the supervision of:
*Any duly authorized Correctional Officer with the Department of Corrections;
*Licensed Skip Tracer/Bounty Hunter;
*Judicial Officer and/or Court Clerk;
*Peace officer with the LSSD, LSPD;
*Member of SAMA, or;
*Other departments, businesses, or individuals authorized by the Mayor, the Governor, or a Supreme Justice.
===Section 005 | Licenses===
====Licenses Generally====
Any firearms, pilots, Game License, or other special permit or license may be revoked by a duly authorized peace officer of this State upon probable cause that the license has been utilized in the commission of any felony or misdemeanor offense, or upon violation of the legislation or Codes of this State in the utilization of said license.
====Weapon’s Licenses====
In addition to the above, any firearms license may be revoked by a duly authorized peace officer of this State upon probable cause of the commission of any Felony (B) offense.
=== Commercial Licensing===
====Taxi Licensure and Regulation====
A) Any individual who operates a taxi or car service within the State of San Andreas must hold a valid Drivers license.
B) Any individual who operates a taxi or car service within the State of San Andreas must hold a valid Commercial Driver's License.
==== Tow Operation:====
A) Any individual who operates a Tow Service or Towing Vehicle within the State of San Andreas must hold a valid Drivers license.
B) Any individual who operates a Tow Service or Towing Vehicle within the State of San Andreas must hold a valid Commercial Driver's License.
===Reinstatement of Basic Licenses:===
Any person seeking reinstatement of a suspended basic license may make such a request to an employee of the Department of Motor Vehicles, after completion of the following statutory waiting period based on the severity of the conduct that resulted in the license suspension:
Misdemeanor: 15 days
Felony: 30 days
Felony Involving Bodily Harm: 45 days
Before reinstatement, the DMV will confirm that the waiting period has passed, and shall charge a reinstatement fee equal to 50% of the issuance fee of the license. The DMV shall not reinstate any license to a person with overdue fines.
The DMV may also condition reinstatement upon completion of a verbal or written test, up to and including driving school or other applicable education with a knowledgeable authority.
===Reinstatement of Specialty Licenses:===
Any person seeing reinstatement of a suspended specialty license may apply by submission of a written affidavit to a county clerk. This affidavit must be submitted by an attorney through the designated form, and include the reason the license was suspended, the date the license was suspended, how long it has been since the defendant’s last conviction, and an explanation of why the license should be reinstated. After a review of the application, a Judge, Justice, or the head of any executive department which oversees the licensed activity may reinstate the license, deny reinstatement, or set the matter for an informal hearing. A person shall have the right to have an attorney present at any hearing for reinstatement, if available.
===Section 006 | Criminal Records and Government Records Requests===
====(A) Eligibility====
Only attorneys certified by the State Bar Association (BAR-certified attorneys) are eligible to submit Criminal Records or Government Records Requests.
BAR-certified attorneys must provide proof of consent from the requesting party and their Criminal Records or Government Records Request. Proof of consent may include a retainer agreement, evidence of payments made, or communications demonstrating that the attorney has the consent of the requesting party and is their legal representative.
====(B) Request Submission====
Criminal Records or Government Records Requests, accompanied by proof of consent, must be submitted to Clerks of the Court.
Requests must specify the information sought, provide contact information, and include proof of consent from the requesting party.
====(C) Request Review====
Clerks of the Court will review Criminal Records or Government Records Requests along with proof of consent to ensure compliance with eligibility requirements.
Clerks of the Court, upon validation, will promptly notify the relevant agency about the Criminal Records or Government Records Requests.
The agency shall have seventy-two (72) hours from the point of the initial request to produce the requested information or provide a valid reason for refusal.
====(D) Exemptions and Denials====
The agency may redact or deny a Criminal Records or Government Records Request based on specified exemptions or other legal grounds. Denials must be accompanied by a written explanation citing the specific exemption(s) applied.
Specified Exemptions:
*Information that is classified to protect national security.
* Information related solely to the internal personnel rules and practices of an agency.
* Information that is prohibited from disclosure by another law entered into legislation.
*Trade secrets or commercial or financial information that is confidential or privileged.
* Privileged communications within or between agencies.
*Information that, if disclosed, would invade another individual’s privacy.
*Information compiled for law enforcement purposes that:
*Could reasonably be expected to interfere with enforcement proceedings
* Would deprive a person of a right to a fair trial
*Could reasonably be expected to constitute an unwarranted invasion of personal privacy
*Could reasonably be expected to disclose the identity of a confidential source
*Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law
*Could reasonably be expected to endanger the life or physical safety of any individual 
Where an exemption is claimed by the agency, the requesting party may submit a request for a review by the Courts of the State of San Andreas as to the refusal to produce any documentation.
====(E) No Exemptions====
In compliance with Article VI | Speedy Trial, Confrontation Clause, and Counsel of the Constitution of the State of San Andreas; where an arrest is made the Prosecution may not claim any exemptions under (D) of this Act.
====(F) Witness Sealing====
Where (1) a report contains an alleged Felony (C) or higher; (2) the witness statements of non-government employees are contained within the report, and; (3) there is an outstanding suspect who has not been apprehended, the agency producing the report may seal the statements of non-government employee witnesses.
The Defendant may then motion to unseal or motion to produce these statements at such a time as an appeal or docket filing is placed upon the docket, or at such a time as the matter proceeds to any hearing or bench trial before the Department of Justice. The statements may be unsealed where justice so requires.
===Section 007 | Conspiracies, Solicitations, Accomplices, and Accessories===
Conspiracy:
A conspiracy shall occur upon any agreement between two or more persons to commit a crime, with the intent to commit that crime. All persons involved in a conspiracy may be charged with all of the crimes committed by any other member of the conspiracy.
In addition, a person must take an overt act in furtherance of the conspiracy's goals before conspiracy liability may be imposed upon that person. Likewise, to withdraw from a conspiracy, a person must either make an overt act to undermine or thwart the conspiracy's criminal goals, or by notifying law enforcement of the conspiracy and its criminal goals.
Solicitation:
A solicitation shall occur when a person offers money, services, or other thing of value to another individual in exchange for committing a crime, with the intent that they commit that crime. Any person soliciting a crime may be charged with all crimes committed by the individual.
Accomplice:
An Accomplice is any person physically present at the scene of a crime that materially aids an individual in the commission of that crime. An accomplice may be charged to the same degree and severity as the individual that actually committed the crime.
Accessory:
An Accessory is any person not physically present at the scene of a crime that provides material aid to an individual before or after that individual commits a crime. An accessory may be charged with any crime committed by the individual that was reasonably foreseeable at the time the aid was given, provided the accessory knew or reasonably should have known their assistance would be used to aid a crime or the individual's evasion of law enforcement.
Transferred Intent Murder
A person may be charged for the murder of another when the homicide occurs during commission or attempted commission of any felony or misdemeanor involving an indifference towards human life.
===Section 008 | Unpaid Fines and Fees===
Any fines or fees levied by the government of San Andreas, its agencies, or its agents, must be paid in a timely fashion within three weeks (21 days) of the fine or fee's issuance.
Bounty Hunting: Any person with an overdue fine may subject to detainment by peace officers or a third-party collection service for the purposes of in-person collection of the overdue fine. Such a detainment may include transport to the Department of Motor Vehicles, the nearest courthouse, or the nearest police station for the purposes of fine collection.
A Bounty Hunter may negotiate for payment of a percentage of the outstanding balance, and waiver of the remaining balance. Bounty Hunters may waive up to 33% off of an individual's overdue fines. Approval may be granted after review of the individuals fines by a member of the judiciary for up to 50% of the outstanding balance owed.
Any person who misrepresents their ability to pay a fine to a judicial official after being charged an overdue fine may be subject to criminal charges up to and including Obstruction of Justice.
Any person who refuses to accept a charge levied by a bounty hunter may be imprisoned on contempt charges until such a time as they elect to accept the charge. Charges declined due to insufficient funds shall not constitute a refusal to accept the charge.
Financial Records: Strictly for the verification of financial records, while an individual is in debt to the state, and that fine is past due, the State reserves the right to check the balance of the bank accounts of those individuals past due, to verify their financial position without the need to follow the standard procedures of subpoenas. These records may be requested and reviewed by a State employee or representative, or a registered Bounty Hunter.
Limited Public Services: Individuals with overdue fines shall have their access to public resources limited. As such, individuals with outstanding fines shall not be permitted access to:
*Having Bail Set in any Felony (A) matter;
* The issuance of new or reinstated licenses by the Department of Motor Vehicles or Department of Justice;
*The issuance of new or updated vehicle registrations;
*The rental, lease, or purchase of any properties;
*The release of a vehicle from any vehicle impound lot;
*Any time off during sentencing or indictment on newly committed criminal offenses.
Asset Seizure for Unpaid Fines
Seizure of Assets: Any person with outstanding fines of more than $12,000.00 may be subject to seizure of their vehicles or other owned property in order to pay off their overdue fines. The State shall provide notice to the person within seven (7) days prior to seizure, in which the person can avoid seizure by paying down their overdue fines to below the seizure threshold.
===Bounty Hunter Licensing===
The Licensing of Bounty Hunters is to be handled by The Judiciary, Attorney General, The Governor, the Mayor, & County Clerks of San Andreas.
To be applicable the applicant must:(a) Be at least 18 years old.
(b) Be a San Andreas Resident
(c) Hold all correct licensing from the state, to perform their duties.This license can be revoked at will by a Justice of the San Andreas courts, and will be revoked upon probable cause of a felony.
Bounty Hunter are empowered officers of the Court, entrusted with the duty to fulfill lawfully given directives by the court.
In such a case that person(s) attempt to avoid a Bench Warrant from the Courts of San Andreas, are subject to a court order and fail to uphold it, or are attempting to avoid a court ordered fine, then any licensed Bounty Hunter may be free to accept the duty to engage and provide remedy to the State. These Bounty Hunters must receive written authorization by the regulating body before engaging in tracking, detaining or transporting the wanted individuals.
Individuals authorized by this act shall comply with all laws applicable to that apprehension.
The rights of the fugitive are not curtailed by being captured, detained or being transported to LEO’s for the purposes of returning the fugitive to the State, when done so by a licensed Bounty Hunter.
===Section 009 | San Andreas Marriage Code | The Defense of Universal Partnership and Rights in Equitable Society Act| “The DUPRES Act”===
Within San Andreas, Marriage is accepted to be a personal relation arising out of a civil contract between only two consenting, adult persons, who have the capacity to contract. Consent alone does not constitute marriage, it must also be licensed by the State.
This license can be issued by a Judge or Justice, The Mayor, The Governor or Attorney General. The ceremony can be performed by anyone chosen by the two consenting participants.
Requirements for the solemnization of marriage in San Andreas:
* The two parties may not be married to each other or other individuals
* Both unmarried persons who are capable of consenting to marriage
* Two witnesses to the solemnization of the marriage
* Parties to declare, in the physical presence of the person solemnizing the marriage and the witnesses that they take each other as spouses
Name Changes
Parties to a marriage shall not be required to have the same name. Neither party shall be required to change their name. A person’s name shall not change upon marriage unless that person elects to change their name via the name change application
A. If a party to marriage elects to change their name, they must consult a bar certified San Andreas attorney to proceed with the process. A new identification card must be acquired after the name change.
Pre/Post Nuptial Agreements
Should both parties wish to have pre-nuptial/post-nuptial contracts authorized and accepted by the state, these contracts will need to be notarized prior to the issuing of the marriage license. Signed by legal counsel for each party, and notarized by an officer of the court.
Spousal Immunity
Legally wed spouses of San Andreas cannot be compelled to testify against each other in court about events that have occurred before and during the marriage.
Marriages contracted outside of the state of San Andreas are NOT valid within the state. (Clement’s Law)
===Dissolution of Marriage===
Marriage is dissolved by one of the following:
* The death of one of the parties
* A judgment of dissolution of marriage
* A judgment of nullity of marriage
* One of the parties requests unilateral annulment within the first seven days of marriage to the court
* Divorce proceedings are engaged with notice to the court by either party, who then provides notice to the other party and if proceedings aren't contested within 72 hours will conclude automatically, contractual disputes should be settled in Civil Court.
Dissolution Proceedings
In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has jurisdiction to inquire into and render any judgment and make orders that are appropriate concerning the following:(a) The status of the marriage
(b) The custody of children of the marriage.
(c) The support of children for whom support may be ordered, including children formally adopted after the filing of the initial petition or the final decree of dissolution.
(d) The support of either party.
(e) The settlement of the property rights of the parties.
Pre-separation counseling may be requested by the court before the separation is finalized.Spousal Support/Alimony
Parties can request for alimony and that will be determined at the time of the proceedings. It is up to the party and their counsel to prove their eligibility for alimony payments via financial documents provided to the court during the time of discovery.
Spousal Support Payments
If the court determines that spousal support should be granted, payments will be in weekly installments with a maximum of 10 weeks.
===Section 010 | Firearm Possession | Scheduling: ===
No person shall possess a firearm without a valid weapons license. This includes Law Enforcement and other government employees.
Additionally, all firearms sold in the State of San Andreas must possess a serial number engraved into the frame or lower receiver, used to indicate the legal owner of that firearm. No person shall possess an unmarked or unregistered firearm. Mere possession of a firearm registered to another person shall not be illegal, absent any facts or circumstances indicating theft, trafficking, or other illegal transfer.
Certain firearms shall be restricted to possession by Law Enforcement or other government employees only, scheduled as follows:
Schedule	Firearm
Schedule I
No individual may possess these firearms.	
Schedule I
No individual may possess these firearms.	
Schedule I
No individual may possess these firearms.	
Schedule II
Firearms may only be possessed by law enforcement or those duly authorized by law or other certification.	
{| class="fandom-table" style="width: 100%"	Police Issued Less Lethal	Tazer
Schedule II
Firearms may only be possessed by law enforcement or those duly authorized by law or other certification.		 	
Schedule II
Firearms may only be possessed by law enforcement or those duly authorized by law or other certification.		 	
===Section 011 | The Structures, Titles, Easements, Estates, Locations and Encumbrances Act===
Ownership:
*All property has an owner, whether that owner is the State or an individual. The State may hold property as a private proprietor.
*The State is the owner of all property of which there is no other owner.
Agency/Occupation:
* The State may appoint an agent or occupant to a property in the form of an individual or business. Appointed agency or occupation confers a title sufficient against all except the State.
* A State Agent does not require a warrant to enter property owned by the State, even where an Agent has been appointed unless a lease or rental agreement with an individual has been established leasing the property including an exchange of currency. Appointed agency or occupancy is not equivalent to ownership.
No Adverse Possession:
* No use by any person or persons, no matter how long continued, of any land shall ever ripen into any easement or ownership by prescription.
Transfer:
* Property may be transferred either from The State to any person or from one person to another. All transfers of property must be voluntary and shall be interpreted as an executed contract.
Trespass:
* Owners, Agents, or Lawful Appointed Occupants of land may exercise the right to trespass individuals from the property.
Residential/Private Property:
* A formal notice of trespass is not required for any residential or private property, or any property not open to invitees for business purposes.
Property Open to Invitees:
* Where property is open to invitees for business purposes, or otherwise generally open to members of the public, a notice of trespass must be issued to the individual. After the individual is notified of the trespass the, Owner, Agent, or Lawful Occupant shall notify peace officers of the same so that the trespass may be documented.
* A trespass to property open to invitees may only be set for forty-eight (48) hours. A longer form of trespass requires the order of a Court.
Enforceability:
* To be properly enforceable, all property ownership and/or appointments by the State of Agents/Occupants shall be made public accessible through the MDW through either business or address listing.
===Section 012 | The Emergency Response Protocol (ERP) Act ===
The Emergency Response Protocol (ERP) Act is an executive protocol that will serve to mitigate situations that may arise where Emergency Services, Law Enforcement, or the Medical System is in danger of being overwhelmed, repeatedly attacked, or otherwise totally disabled by criminal elements or disaster events.
This protocol shall be reserved for activation upon approval of TWO of; Justice or Supreme Justice(s), The Governor, The Police Director, or The District Attorney. Requests for ERP activation may be submitted by PD Command, the Mayor, the Medical Director/Senior Medical Staff, or a Judge.
For the purposes of public order, and the continuation of the function of Government, ERP may be implemented in the Los Santos Area for a period of up to (4) hours, and may be extended by the approving parties to a total maximum of (8) hours.
Protocol:1. Any individual seeking entry into any Government Facility will be subject to search by Law Enforcement or security staff and weapons of any kind shall not be permissible on Government Property. Government Employees authorized to carry a firearm for the execution of their regular duties are exempt.
2. Individuals, or groups, may be detained, identified, and frisked by Law Enforcement when observed with full or partial facial coverings (including full motorcycle helmets) while; operating a motor vehicle, inside any government owned or state operated business, or within reasonable proximity of any violent incident.
3. Law Enforcement may activate their ERP designated units and operating procedures.
4. Where probable cause exists that an individual has committed a Class B or Class A felony, that individual may be detained for the duration of the ERP period to allow Law Enforcement the ability to both complete their investigation, and maintain unit availability in emergency situations. Any detainment found to be without probable cause shall be considered unlawful, and detainees shall be afforded all of their regular constitutional rights to counsel, and to refuse questioning. Bench Trial requests shall be limited to ad-hoc probable cause hearings dependent on judicial discretion and availability.
5. If necessary, Government Services shall centralize to the DMV, City Hall, or Vespucci Police Department. Government Employees should avoid unnecessary travel in high-risk or vulnerable areas. Government Employees are authorized to remain on-duty for the duration of the ERP period regardless of being able to execute their duties.
===Section 013 | Sovereign & Qualified Immunity (Brookshire-Soske v. UPD #4278)===
Government Employees operating in the State of San Andreas are protected by qualified immunity.
The Plaintiff of a civil lawsuit against a Government Employee must show that the government employee violated a clearly established statutory or constitutional right in performing their duty to be successful in a civil claim.
Where a Government Employee was acting as a reasonable Government Employee would under the same set of facts and circumstances at the time that the alleged violation of rights occurred, the Government Employee and their agency shall be shielded from civil liability.
Where the Office of the District Attorney elects to withdraw from the prosecution of charges, a Government Employee who elects to pursue those charges in a court of law without the assistance of State Prosecutors is acting unreasonably per se and is thus stripped of their qualified immunity.
Special Prosecutors: Where a member of the District Attorney's Office is the subject of an indictment on charges, a police officer, ranked Captain or higher, or the Deputy Director or higher of the FIB, may appoint an independent, bar certified, Special Prosecutor for the purposes of prosecuting that specific incident.
===Section 014 | Standards for Ethical Accountability and Neutrality (S.E.A.N.) Act===
Elected Officials may be impeached for the following reasons:1. Dereliction of Duties: Failure to perform the responsibilities and duties expected of the office holder, including lack of activity in the office or refusal to perform required duties.
2. Gross Negligence: Conscious disregard of the need for reasonable care, leading to foreseeable grave injury or harm to other persons.
3. Gross Incompetence: Continuous behavior that leads to misconduct or actions that result in serious consequences or injury.Impeachment proceedings may be initiated by a formal complaint on the Administrative Hearings docket issued upon approval of two (2) of the following:
*Justices
*Supreme Justices
*The Governor
*The Director of Public Safety
Upon receipt of a formal complaint, the Department of Justice shall appoint an Impeachment Committee of three (3) of the following:
*Judges
*Justices
*Supreme Justices
*The Governor
*The Mayor
*The Director of Public Safety
*The Director of Medicine
*The Director of Veterinary Care
*The District Attorney
The Petitioners and the Defense shall have the opportunity to present evidence, call witnesses, and make arguments before the Impeachment Committee. The defendant has the right to an advocate during the hearing. A majority vote is required to convict the elected official on any article of impeachment.
Upon conviction, the elected official shall be removed from office immediately and be disqualified from holding any future office.
===Section 015 | The State Tax, Revenue, and Income Protection Act===
No person shall disguise or convert the proceeds of crime, stolen goods, or fraudulently obtained property; nor direct another person to do the same. Upon probable cause that any person possesses such property or proceeds, law enforcement may seize that property.
Classification of Property:(A) Regular Property — Any property found on a person indicted of any offense with property that was stolen, fraudulently taken, or money from the sale of such property, may be seized by law enforcement. That person may sue the State to get their property back if they can prove by a preponderance of the evidence that the property was legally obtained.
(B) Titled Property — Any property with a title of ownership (i.e. vehicles, businesses, housing, etc.) shall not be seized until the conclusion of a CAF suit, but may be frozen from transfer or disposal upon motion by the State on the docket. After suit is filed against the property, the property owner must then prove by a preponderance of the evidence that the property was legally obtained. If the State prevails, the State shall take permanent possession of the property.
(C) Suspicious Currency Transactions — The money or property from transactions believed to involve the proceeds of crime shall be seized and held by the State upon the issuance of a signed warrant until the conclusion of a CAF suit, or up to 72 hours if no suit is filed. The property owner must then prove by a preponderance of the evidence that the property was legally obtained. If the State prevails, the State shall take permanent possession of the property.Property Disposal:(D) Property Seized as Evidence — Any non-titled property may be disposed of in any reasonable manner by the State after a guilty plea, final judgment on the merits of the case, or the statute of limitations for an appeal has run on the incident to which the property was seized in connection with.
(E) Auction — Any titled property in the permanent possession of the State that is legal to own shall be auctioned off to the public. The Department of Justice shall announce the date, time, and place of the auction at least 72 hours before the auction. Any revenue gained from auctioned-off titled property shall be directed to the State Account.
===Section 016 | The Government Reform Election Campaign Act===
Election Records: During any active and ongoing election cycle pertaining to any publicly elected official, the records of such an election may be posted at maximum one (1) time per day for public viewing. The records of the election may include a list of candidates and the current vote tallied for each.
===Section 017 | The Notification Ordinance for Redistribution of Assets Act | The N.O.R.A Act===
An estate is the property that one leaves behind upon their death.
In the State of San Andreas, estates can be left to:
* Next of kin(biological parents/children)
* Spouses by marriage.
Beneficiaries
* Up to 3 beneficiaries can be declared.
Declaration of Beneficiaries
Methods of Declaration
* Contact a lawyer to draw up a will that may include up to 3 beneficiaries.
* Contact the Los Santos Mortuary Service or a doctor at Mt. Zonah to declare up to 3 beneficiaries.
Statute of Limitations
* Statute of limitations to claim the estate is 21 days from the date of death.
* If the statute of limitations passes and there is no claim, the State takes ownership of the estate
 Estate claim process
# Beneficiaries receive notification of death 
# Beneficiary puts in a claim with the Los Santos Mortuary Service or the funeral home of their choosing 
# Los Santos Mortuary Service/Funeral home sends the claim to a court clerk/judge with for verification 
# Any pending debts such as overdue fines and court ordered payments will be taken from the estate before any distribution to the beneficiary(ies) occurs 
# After verification and settling of pending debts, estate is distributed to the beneficiary(ies) 
Note: At this time, only personal bank accounts can be transferred