Constitution

Constitution of the State of San AndreasThe following is a record of the constitution in use in ONX's San Andreas.Accurate as of January 2024.
== PREAMBLE ==
We the People of the State of San Andreas, grateful to The State and our Supreme Justices for our freedom, in order to secure and perpetuate their blessings, do establish this Constitution.
This Constitution, and the attached Bill of Rights and Public Laws, shall serve as a living document which may be amended by any of the Supreme Justice of this State individually or in a quorum.
===Article I | Department of Justice===
The Judicial power of this State is vested in the Supreme Court, courts of appeal, and superior courts, all of which are courts of record.
The Supreme Court shall consist of four (4) Supreme Justices, appointed by The State. The Supreme Court may convene the court at any time to oversee any matter presented to the docket of the Superior Court, or to hear a matter of appeal therefrom.
The Superior Court shall consist of up to twelve (12) Justices, appointed by the Supreme Justices individually or as a majority. A justice may be removed by a concurrence of two (2) or more of the Supreme Justices. Each Justice shall be empowered to make determinations of law and equity within the State of San Andreas, hearing impromptu matters (bench trials, traffic court, small claims) or docketed civil or criminal matters.
Individuals may initially be appointed to a Municipal Court/Magistrate Court Judge position of limited jurisdiction at the discretion of any Supreme Justice, permitting the Judge only to respond to matters pertaining to traffic court, indictments, small claims civil matters (up to $1,000.00) and other ad hoc matters.(This has been removed in favor of internal limitations which allow for judges and justices to train and supervise matters internally allowing for growth and development rather than “it’s written down” arguments as to the capacity of a judge or justice. Amended April 6th, 2024)
===Article II | District Attorney===
The District Attorney may be any bar-certified individual appointed by the Governor, and serves at their pleasure.
The District Attorney is vested with the prosecutorial powers vested in the Governor's Office of the State of San Andreas. Accordingly, the District Attorney and their staff has final decision making authority as to whether charges shall be maintained or pressed against any citizen of this State upon probable cause of the violation of this State's penal code.
The District Attorney shall be responsible for the appointment of the Lieutenant District Attorney(s) and Deputy District Attorney(s), who shall be the leader(s) of the prosecutorial efforts of the Attorney General's Office.
The Lieutenant District Attorney shall be vested with the powers to hire, promote, and terminate staff within the District Attorney's Office; the assignment of cases to Assistant District Attorneys; Prosecutors, and other staff; provide for the training and continuing legal education of staff, and; the discretionary power in determining whether to prosecute any particular case.
The District Attorney's Office shall exercise discretion to prosecute individual matters based upon the interests of The People of the State of San Andreas rather than any interested individuals.
===Article III | The Governor and The Mayor===
The executive power of the State is vested in the Governor of the State of San Andreas, the office of the mayor, and the executive offices established below the Mayor including but not limited to the Warden of the Department of Corrections.
The Governor shall be responsible for maintaining proper order of the branches of Government. All Heads of State shall be responsible for directly staffing and maintaining their own respective branch, but all government employees shall also be beholden to the Governor.
The Governor shall be a single individual, appointed by The State, responsible for (1) official communication between the State of San Andreas, the Federal Government, and other States; (2) establishing and conducting elections for the office of Mayor of the State of San Andreas, (3) ratification of legislation implemented by the Department of Justice; (4) approval of public construction requests, and (5) Supervision of administrative government functions at the Department of Motor Vehicles.
The Governor shall carry the power to veto any legislation implemented by the Department of Justice, whether by proposal of the Mayor's office or otherwise. Inaction or failure to veto legislation by the Governor shall be considered ratified by the Executive.
The Office of the Mayor shall be responsible for all tasks assigned and delegated by the Governor of the State of San Andreas pertaining to official executive duties, and shall further be responsible for administration of executive offices, including but not limited to the office of the Warden of the Department of Corrections.
Further, the Mayor shall be responsible for raising legislative concerns on behalf of the people of the State of San Andreas before the Judiciary, presenting legislative proposals on behalf of the people of the State of San Andreas.
The Mayor shall be responsible for the administration of business and commerce, and shall carry the power of executive order and agency in the issuance and maintaining of businesses and land on behalf of the State of San Andreas.
==Bill of Rights==
===Article I | Free Exercise of Speech and Religion ===
The legislative and judicial bodies shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and petition the Government for a redress of grievances.
Should any peaceful assembly become unlawful or violent, the State may issue a citation to any individual willfully participating in such an assembly.
The State may issue reasonable time, place, and manner restrictions relating to peaceful assembly, including requiring individuals to possess permits for the purposes of demonstrations.
===Article II | The Right to Keep and Bear Arms===
The right of the people to keep and bear arms shall not be infringed by the State, except for reasonable license restrictions and requirements and restrictions as to classification of legal firearms.
===Article III | Self Defense===
Self Defense | A person may use force, violence, or deadly force, where reasonably necessary where a reasonable person would believe it necessary to protect themselves or someone else from imminent danger or harm. A person who reasonably believes there is an imminent danger or harm to themselves or others, they are under no duty to retreat. After exercising force in self defense, a person must contact the police.
Castle Doctrine | Any person using force intended or likely to cause death or great bodily injury within his or her residence or business shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force was used against another person who unlawfully and forcibly entered.
===Article IV | The Right Against Unreasonable Searches and Seizures===
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Upon execution of a signed search and seizure warrant, all items which have an immediately apparent incriminating character may be seized and the person whose property is searched or those with constructive access.
Upon execution of a signed subpoena, the individual whose documents or effects has been searched or produced shall be notified within three (3) days by direct in person notice or indirect notice via text correspondence. (Amended April 12th, 2024)
Upon execution of a signed search and seizure warrant, the individual whose property has been searched shall be notified immediately upon completion of the search and seizure by direct in person notice or indirect notice via text correspondence. Within seventy-two hours, notice shall be provided as to a full list of all contraband or evidence seized. (Amended April 12th, 2024)
A vehicle which is readily mobile and is found in a setting which objectively suggests its use in transportation may be searched absent a warrant and with probable cause of a peace officer.
=== Article V | Double Jeopardy and Self Incrimination===
No person shall be subject to the same offense to be twice put in jeopardy of life or limb.
No person shall be compelled in any criminal case to be a witness against himself.
No person shall be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
A person may not be deprived of life, liberty, or property without due process of law or denied equal protection of the laws.
===Article VI | Speedy Trial, Confrontation Clause, and Counsel===
In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury or an impartial presiding Judge or Justice of the State wherein the crime shall have been committed, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against them; to have compulsory process for obtaining witnesses in their favor, and to have the assistance of counsel for their defense.
===Article VIII | Cruel and Unusual Punishment===
Cruel and unusual punishments shall not be inflicted. All citizens, upon apprehension for a docketed matter, shall have the right to a bail hearing as soon as one can reasonably be established by the peace officers, prosecutors, and defense attorney involved, and may happen immediately following apprehension.
Bodie's Rule
Where a suspect is indicted on two (2) or more Felony (A) level offenses, they shall not be entitled to bail absent an agreement by two (2) or more Supreme Justices.
===Article IX | Pleas===
The citizens of the State of San Andreas may, upon indictment or charging by the peace officers of the State or other executive authority, enter the following pleas:
#Guilty: Where the citizen elects to plea guilty, the citizen citizen forfeits their right to enter an appeal on the charges and accepts the charges as indicted by the executive authority.
#No Contest: A citizen may enter a plea of “no contest”, forfeiting their right to trial or appeal.
#Not Guilty: Where the citizen enters a plea of not guilty, they retain their right to a trial or appeal at a later date.
Pleas, as entered, are incident specific. Where a citizen elects to plead guilty or no contest, the citizen forfeits their right to an appeal or trial in relation to any charges relating to the entirety of that incident.
The Sloan Amendment:
Where an individual is facing indictment of the first Felony (D), (C), (B), or (A) offense upon their record, the office of the Attorney General or the District Attorney may offer the individual a suspended plea of guilty with conditions, the violation of which will result in the revocation of the sentence and entry of the crime(s) upon the individual's permanent record.
A suspended sentence shall not reflect upon the individual's permanent record except where the conditions are violated causing the suspension to be revoked.
Such plea agreements must be reviewed, ratified approved by the Judiciary of the State of San Andreas prior to becoming effective.
===Article X | Qualifications of Public Service ===
No person shall be eligible to hold any public office who has any felony level offense upon their permanent record. Public Office shall include, but not be limited to any job for the following agencies: 
*The Los Santos Police Department, the Blaine County Sheriff’s Office, or any other job as a peace officer within the State of San Andreas;
*The District Attorney, Prosecutor, State Lawyer, Bar Certified Attorney, or any other position specifically qualified by the Office of the Attorney General or the Department of Justice, or;
*Surgeon General, Doctor, Medical Staff, Mayor, Warden, Department of Corrections Officer, Los Santos Emergency Medical Services, Firefighter, or any other position under the Governor of the State of San Andreas.
A person's public office shall be stayed upon indictment of any felony level offense, and their service in office suspended until such a time as they complete an appeal on the indicted felonies.
===Article XI | State Owned And Operated Business(es)===
Any and all businesses with a State of San Andreas Union Representative, who allows any and all individuals to clock in to work for the organization, are considered State owned, organized, managed, and maintained businesses. No individual(s) may claim or maintain ownership, organization, or management of the same.
This includes, but is not limited to, Cluckin' Bell, Up-n-Atom, Burger Shot, Premium Deluxe Motorsport, State Taxicab Services, State Mechanic Services, State Delivery, and State Towing and Impound.
===Article XII | Incompetency to Stand Trial===
A citizen who is facing criminal charges may be admitted to Bolingbroke State Penitentiary within San Andreas and detained there for a period not exceeding 72 hours beginning with the moment on which they are admitted. They shall not be detained after the 72 hour period unless:
(a)They are found still to be unfit for trial at the end of the 72 hour assessment period.
An application for admission for a Mental Health Assessment may be made in respect of a patient on the grounds that:
(a)They are suffering from a condition of a nature/degree which warrants the detention of the patient in a Mental Health facility for assessment due to a Judgment (Made by the Judge/Justice) that they suffer from an incapacity at the time to stand trial for at least a limited period.
(b)They are facing unresolved criminal charges.
The application and the final determination for the admittance of a patient to Bolingbroke Penitentiary facility for assessment and evaluation, shall be performed by a Judge or Justice of the San Andreas Courts. This Act authorizes these holds on the grounds of medical necessity, for the safety of the citizen being detained and the safety of the public at large.
(a)The Judge or Justice is advised to take note of the citizens capacity to engage in the criminal legal action they are accused of. They should engage with the citizen directly, or with their legal advocate.
(b)The Judge/Justice should at the time of detention, make the application to S.A.M.A. Psychiatry to give them the opportunity to provide care, if S.A.M.A. declines, then assessment shall be left to locally sourced physicians.
A Judge or Justice may, upon notice of failure for the defendant to become fit for trial, extend the duration of a hold, beyond assessment for treatment. This mental health hold for treatment should start at 72 hours, and be again extendable with 7 day increments up to a maximum of 28 days.
Category:Legislation