[025-18] Sovereign Immunity Act of 2018

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[025-18] Sovereign Immunity Act of 2018

Post by Flemwad » Tue Oct 02, 2018 8:20 pm

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SUBMITTED BY: Senator Underhill
SPONSORED BY: Lieutenant Governor Carl Duncan
SENATE BILL N° 025-18



An act to define the State and its actors in relation to criminal and civil prosecution.


THE PEOPLE OF THE STATE OF SAN ANDREAS DO ORDAIN AS FOLLOWS:

  • Section 1. Definitions
    1. ”Omission” means someone or something that has been left out or excluded, especially if that item shouldn’t have been excluded or was willfully excluded.
    2. “Employee or agent or actor” means an officer, employee, agent, volunteer, or servant of any state or local agency.
    3. "Government agency" means an agency, department or other administrative subdivision of a State, county or municipal government.
    4. ”Gross Negligence” means a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm to persons, property, or both.
    Section 2. Establishment of Sovereign Immunity in San Andreas
    1. Sovereign immunity is the protection of legal governmental agencies from lawsuits. Any government organization operating within the State of San Andreas shall have sovereign immunity from all criminal and civil prosecutions or proceedings. No court within the State of San Andreas or within the Federal Government may take any action against any state agency or local government unless expressly stated in this act.
    2. Any employee of any government agency acting on behalf of the State, city, or county within San Andreas shall be given the full protections of sovereign immunity when acting within the course of their duties.
    3. No fine shall be assessed against any State, county or municipal government, or their employees when given the protections of sovereign immunity.
    Section 3. Exemptions to Sovereign Immunity
    1. Sovereign immunity does not apply when an employee commits any illegal or tortious action in accordance with his duty. It is the recognition that state agencies aren't directly responsible for the actions of their employees when they have taken reasonable steps to ensure the employees actions were legal, such as proper and consistent training and policy which upholds rule of law and legal standards.
    2. Sovereign Immunity will either partially apply, or not apply at all, given one or multiple of following cases:
      1. In the case where the action(s) was committed with demonstrable malice, bad faith, or ill intent by more than 5 agents of a State or local agency, thus creating the implication of the action was at an institutional level, the state or local agency may be held responsible and sovereign immunity shall not apply.
      2. In the case where the action(s) was committed by violating some defined legal standard or law, and that action was in accordance to an established policy, the agency may be held responsible and sovereign immunity shall not apply.
      3. In the case where the action(s) was committed by violating some defined legal standard or law, and that action was not in accordance to an established policy, the actor(s) may be held responsible. Sovereign immunity shall apply to the agency, but not its actor(s).
      4. In the case where the action(s) where negligence is shown that resulted in injury, the actor(s) may be held responsible and sovereign immunity shall not apply. Sovereign immunity shall apply to the agency.
      5. In the case where a wrongful act or omission shown that resulted in injury, the actor(s) may be held responsible and sovereign immunity shall not apply. Sovereign immunity shall apply to the agency.
    3. When sovereign immunity is waived against any agency or its actor, the maximum amount that any State, local agency, or actor shall be subjected to pay for any particular claim shall be $200,000.
    Section 4. Court Guidelines
    1. In the case where a claimant seeks to establish sovereign immunity does not apply to a particular claim, the basis of the claim should be formed in the pre-trial stage, and the claimant should be granted discovery in relation to the proving the waiver of sovereign immunity.
    2. Once the waiver has been established by a judge, it is then burden of the actor or agency to present a rebuttal of why sovereign immunity should apply. All claims on sovereign immunity should be made during the pre-trial stage.
    3. Any court waiving sovereign immunity shall provide a written record for the reason of the waiver which shall be held in the case file for reference. When sovereign immunity is waived, the Office of the District Attorney, the agency, and its actor for which it was waived shall be notified with ample time to submit a rebuttal to the waiver during the discovery stage
    4. In any cases where sovereign immunity is waived and it it is determined that the item(s) seized shall be returned, the item shall be returned or a fair market value shall be assessed to be determined by the value of legally obtaining such an item.
    5. In any cases where sovereign immunity is waived, and compensation of items seized shall be granted, all firearms’ value shall not be added to the judgement, unless the claimant has legally obtained the appropriate licenses, legally obtained the firearms and the possession of such firearms is not prohibited by the San Andreas Penal Code, in which case they shall be returned their firearms or receive fair market value for legally obtaining such firearms.
    6. In any cases where sovereign immunity is waived, and compensation of items seized shall be granted, all narcotics’ value shall not be added to the judgement, unless they are legally prescribed to the claimant, in which case they shall receive fair market value for legally obtaining such medicine.

    Section 5. Miscellaneous
    1. The Governor or Lieutenant Governor may waive sovereign immunity against any State or local government agency or actor.
    2. In any case where sovereign immunity is waived, a lawyer fee may not be assessed against any government agency.


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______________________
Carl Duncan
Lieutenant Governor of San Andreas









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