Penalties and Offense Classification Act of 1992

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In Character
Classification Act
San Andreas State Seal.png
General Information
Short Title Classification Act
Long Title Penalties and Offense Classification Act of 1992
Acronyms POC
Enacted By San Andreas Congress
History
Introduced TBA
Passed TBA
Amendments None
Ratified No

Chapter I - Foreword

§ 101 - Definitions

(a) For the purposes of this law and all references to this law, a "code enforcement officer" shall mean any designated employee or agent of a county or municipality whose duty it is to enforce codes and ordinances enacted by the county or municipality.

Chapter II - Types of Crimes and Violations

§ 201 - Felony

(a) The term “felony” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by death or imprisonment in a state penitentiary. A person shall be imprisoned in the state penitentiary for each sentence which, except an extended term, exceeds 1 year.

(b) The term “state penitentiary” shall include state correctional facilities.

§ 202 - Misdemeanor

(a) The term “misdemeanor” shall mean any criminal offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 2 years.

(b) The term “misdemeanor” shall not mean a conviction for any noncriminal traffic violation or any municipal or county ordinance.

§ 203 - Noncriminal Violation

(a) The term “noncriminal violation” shall mean any offense that is punishable under the laws of this state, or that would be punishable if committed in this state, by no other penalty than a fine, forfeiture, or other civil penalty. A noncriminal violation does not constitute a crime.

(b) The term “noncriminal violation” shall not mean any conviction for any violation of any municipal or county ordinance. Nothing contained in this code shall repeal or change the penalty for a violation of any municipal or county ordinance.

§ 204 - Code or Ordinance Violation

(a) The term “code violation” or "ordinance violation" shall mean any violation of a county ordinance or municipal code that is punishable under the codes or ordinances of the municipality it was enacted by, or that would be punishable if committed in the city or county, by a term of imprisonment in a county correctional facility, except an extended term, not in excess of 90 days or a fine.

(b) Code or ordinance violations shall also otherwise be commonly known and referred to as "civil infractions".

Chapter III - Classifications and Punishment

§ 301 - Felonies

(a) Felonies are classified, for the purpose of sentence and for any other purpose provided by statute, into the following categories:

(1) Capital Felony
(i) A person who has been convicted of a capital felony shall be punished by death (( CK )) and a fine not exceeding $50,000. The method of execution may be hanging, electrocution, the gas chamber, firing squad, and lethal injection.
(ii) A person who has been convicted of a capital felony, which was committed before the person attained 18 years of age shall be punished by a term of imprisonment for life or by a term of years equal to life.
(2) Life Felony
(i) A person who has been convicted of a life felony shall be punished by a term of imprisonment for life and a fine not exceeding $50,000.
(3) Felony of the First Degree
(i) A person who has been convicted of a felony of the first degree shall be punished by a definite term of imprisonment not exceeding 21 years (( 21 days )) and a fine not exceeding $45,000.
(4) Felony of the Second Degree
(i) A person who has been convicted of a felony of the second degree shall be punished by a definite term of imprisonment not exceeding 14 years (( 14 days )) and a fine not exceeding $37,500.
(5) Felony of the Third Degree
(i) A person who has been convicted of a felony of the third degree shall be punished by a definite term of imprisonment not exceeding 10 years (( 10 days )) and a fine not exceeding $20,000.
(6) Felony of the Fourth Degree
(i) A person who has been convicted of a felony of the fourth degree shall be punished by a definite term of imprisonment not exceeding 7 years (( 7 days )) and a fine not exceeding $12,500.
(6) Felony of the Fifth Degree
(i) A person who has been convicted of a felony of the fifth degree shall be punished by a definite term of imprisonment not exceeding 5 years (( 5 days )) and a fine not exceeding $7,500.
(6) Felony of the Sixth Degree
(i) A person who has been convicted of a felony of the sixth degree shall be punished by a definite term of imprisonment not exceeding 3 years (( 3 days )) and a fine not exceeding $5,000.
(6) Felony of the Seventh Degree
(i) A person who has been convicted of a felony of the seventh degree shall be punished by a definite term of imprisonment not exceeding 2 years (( 2 days )) and a fine not exceeding $2,500.

§ 302 - Misdemeanors

(a) Misdemeanors are classified, for the purpose of sentence and for any other purpose provided by statute, into the following categories:

(1) Misdemeanor of the First Degree
(i) A person who has been convicted of a misdemeanor of the first degree shall be punished by a definite term of imprisonment not exceeding 2 year (( 2 days )) and a fine not exceeding $5,000.
(2) Misdemeanor of the Second Degree
(i) A person who has been convicted of a misdemeanor of the second degree shall be punished by a definite term of imprisonment not exceeding 1 year (( 1 day )) and a fine not exceeding $2,500.
(1) Misdemeanor of the Third Degree
(i) A person who has been convicted of a misdemeanor of the third degree shall be punished by a definite term of imprisonment not exceeding 6 months (( 6 hours )) and a fine not exceeding $500.

§ 303 - Noncriminal Violation

(a) Any person who has been convicted of a noncriminal violation may not be sentenced to a term of imprisonment nor to any other punishment more severe than a fine, forfeiture, or other civil penalty.

§ 304 - Code or Ordinance Violation

(a) Violations of county ordinance or municipal code shall be prosecuted in the same manner as misdemeanors are prosecuted.

(1) Such violations shall be prosecuted in the name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof.
(2) Upon conviction punishment shall be by fine or by imprisonment in the county jail not to exceed 3 months (( 3 hours )) or by both such fine and imprisonment.
(3) Fines issued as punishment for violation of municipal or county civil infractions shall be reasonable.

§ 305 - Forfeiture and Damages

(a) The term “forfeiture” shall also mean seizure, civil, and criminal forfeiture.

(b) Vehicles utilized during the commission of a felony may be subject to forfeiture.

(c) Vehicles utilized during the commission of any crime which resulted in or posed a substantial risk of serious bodily injury or death.

(d) Property subjected to forfeiture shall become the property of the State of San Andreas, not the county or municipality which performed the seizure.

(1) Property subjected to forfeiture shall not be sold, given away, used, or otherwise modified or utilized except to transport to a secure holding facility or dispose of after the disposition of the criminal case it was involved with no sooner than 60 days after such disposition.

(e) A person who has been convicted of a misdemeanor or felony crime that has caused damage to property may be required as part of their financial punishment to pay restitution to the victim to repair or replace the damaged property.

(f) Additional cause for forfeiture may be described in state law. Nothing in this subsection shall serve to prohibit that.

(g) All property subjected to forfeiture may be released from that forfeiture upon the discretion of a Justice of the Superior Court of San Andreas.

§ 306 - Enhanced Penalties

(a) Statutes of the State of San Andreas may specify additional penalties or enhanced penalties, separate of this act.

(b) Law enforcement officers may at their own discretion, suspend or revoke a driving license if the person whose license is being suspended or revoked has committed a crime in relation to the operation of a vehicle and there is not already a provision for suspension or revocation which exists for violation of that law.

(c) A person who commits a crime upon the elderly, minors, or law enforcement may be subject to enhanced penalties. These enhanced penalties are an increase in the severity of the classification of the crime by one.

Chapter IV - Enforcement

§ 401 - Criminal and Noncriminal Enforcement

(a) A "law enforcement officer" or any other reasonable variation thereof means any person who is elected, appointed or employed by any municipality or the state or any political subdivision thereof; who is vested with the authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes federal law enforcement and all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, training, guidance, and management responsibilities of law enforcement officers but does not include support personnel employed by the employing agency.

(b) It shall be the responsibility of law enforcement within the State of San Andreas to prevent, detect, and enforce felonies, misdemeanors, and non-criminal violation.

(c) It shall be the responsibility of law enforcement officers within the State of San Andreas to assist in preventing, detecting, and enforcing code or ordinance violations by acting as the arresting authority, should it be required.

§ 402 - Code or Ordinance Enforcement

(a) A county or a municipality may designate certain employees or agents as code enforcement officers. Employees or agents who may be designated as code enforcement officers may include, but are not limited to:

(1) code inspectors;
(2) law enforcement officers;
(3) animal control officers;
(4) or firesafety inspectors.

(b) Designation as a code enforcement officer does not provide the code enforcement officer with the power of arrest or subject the code enforcement officer to the provisions of

(b) The training and qualifications of the employees or agents for such designation shall be determined by the county or the municipality.

(c) A code enforcement officer is authorized to issue a citation to a person when, based upon personal investigation, the officer has reasonable cause to believe that the person has committed a civil infraction in violation of a code or ordinance.

(1) Prior to issuing a citation, a code enforcement officer shall provide notice to the person that the person has committed a violation of a code or ordinance and shall establish a reasonable time period within which the person must correct the violation.
(i) Such time period shall be no more than 30 days.
(ii) If, upon personal investigation, a code enforcement officer finds that the person has not corrected the violation within the time period, a code enforcement officer may issue a citation to the person who has committed the violation.
(iii) A code enforcement officer does not have to provide the person with a reasonable time period to correct the violation prior to issuing a citation and may immediately issue a citation if a repeat violation is found or if the code enforcement officer has reason to believe that the violation presents a serious threat to the public health, safety, or welfare, or if the violation is irreparable or irreversible.

(d) A citation issued by a code enforcement officer shall be in a form prescribed by the county or the municipality and shall contain:

(1) The date and time of issuance.
(2) The name and address of the person to whom the citation is issued.
(3) The date and time the civil infraction was committed.
(4) The facts constituting reasonable cause.
(5) The number or section of the code or ordinance violated.
(6) The name and authority of the code enforcement officer.
(7) The procedure for the person to follow in order to pay the civil penalty or to contest the citation.
(8) The applicable civil penalty if the person elects to contest the citation.
(9) The applicable civil penalty if the person elects not to contest the citation.
(10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, the person shall be deemed to have waived his or her right to contest the citation and that, in such case, judgment may be entered against the person for an amount up to the maximum civil penalty.

Amendments

None