An Act To End Regulatory Criminalization
| Model Bill Info | |
|---|---|
| Bill Title | An Act To End Regulatory Criminalization |
| Date Introduced | November 30, 2018 |
| Date Finalized | December 26, 2018 |
| Type | Model Policy |
| Status | Final |
| Task Forces | Criminal Justice |
An Act To End Regulatory Criminalization
Summary: An act to prohibit the creation of criminal offenses not subject to the strictures of bicameralism and presentment.
SEC. 1 | DEFINITIONS
1. Regulatory “catchall” provision—A provision in legislation that prescribes penalties (specifically criminal penalties, for the purposes of this legislation) for the violation of a rule, or rules, a regulatory body is authorized to promulgate, prior to the promulgation of such rules.
Regulatory body—Any governmental agency, quasi-private body, commissioner, or other official, vested with the authority to promulgate regulations of any sort enforceable by the state of _______________.
Rule or regulation—Any prohibition or requirement articulated by a regulatory body and enforceable either civilly or criminally by the state of ______________.
Criminal enforcement—Any enforcement action brought by the state for which the target of the enforcement action, if found guilty, can be—
imprisoned;
labeled as a felon or misdemeanant under state law;
fined more than $10,000; or
prohibited from exercising state or federal constitutional rights, including the rights to vote, keep and bear arms, and deny a law enforcement officer’s request to conduct a search pursuant to the Fourth Amendment to the Constitution of the United States.
Rules eligible for criminal enforcement—Any rule promulgated pursuant to a grant of legislative authority that contains a “regulatory catchall” provision by which the rule is covered.
SEC. 2 | BICAMERALISM AND PRESENTMENT REQUIRED
1. As of the effective date of this legislation, no rule or regulation covered by a “regulatory catchall” provision, except those that satisfy the requirements set out in (2, below) may be criminally enforced.
A rule or regulation may be criminally enforced if and only if it has been approved—in the form of a joint resolution subject to an up and down vote—by a simple majority of both houses of the _____________ state legislature, and that resolution has been signed by the Governor.
Promulgated rules eligible for criminal enforcement that have not satisfied the requirements set out in (2, above) will be restricted to civil enforcement unless and until said requirements are satisfied.
If no civil enforcement penalties are set out in the legislation authorizing a promulgated rule eligible for criminal enforcement, the penalties for the violation of said rule are as follows—
Upon a finding of guilt by a preponderance of the evidence, a fine not exceeding $150 per violation may be levied.
Failure to pay any fines levied pursuant to (A, above) can result in additional fines, a finding of contempt of court, or the suspension of a state license related to the offense charged held by the accused.
