Time: Tue Dec 09 20:35:50 1997 To: Jon Roland <jon.roland@the-spa.com> From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Volunteers needed to adapt amendments Cc: Bcc: sls References: The People of the State of California are the state legislators. /s/ Paul Mitchell, Candidate for Congress http://supremelaw.com At 07:22 PM 12/9/97 -0800, you wrote: >Attached are a couple of initiatives drafted for California. I could use >some help adapting them to other states for proposed amendments in those >states. You will need to change things like article and section numbers, and >perhaps change the supporting paragraphs. We could also use, for those >states having voter initiatives, a cover letter like that attached, but >adapted to each state. > >--Jon > >=================================================================== >Constitution Society, 1731 Howe Av #370, Sacramento, CA 95825 >916/568-1022, 916/450-7941VM Date: 12/09/97 Time: 19:22:22 >http://www.constitution.org/ mailto:jon.roland@the-spa.com >=================================================================== >JURY REFORM AMENDMENTS > >SECTION 1. TITLE > > This measure shall be known and may be cited as the Jury Reform >Amendments. > >SECTION 2. PURPOSE AND INTENT > > It is the intent of the people of the State of California in >enacting this measure to correct certain defects in the Constitution of >the State of California concerning juries. > >THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: > >SECTION 3. AMENDMENTS > > Article 6, Section 13, is hereby amended to read as follows: > > No judgment shall be set aside, or new trial granted, in any >cause, on the ground of misdirection of the jury, or of the improper >admission or rejection of evidence, or for any error as to any matter of >pleading, or for any error as to any matter of procedure, unless, after >an examination of the entire cause, including the evidence, the court >shall be of the opinion that: > > (a) The error complained of has resulted in a miscarriage of >justice. > > (b) In a jury trial of a criminal case, one or more of the >following situations has occurred: > > (1) The jury has not been informed of its power and duty >to judge both the law and the facts in the case. > > (2) The defense has been prevented from informing the >jury of its power and duty to judge both the law and the facts in the >case, or threatened or penalized in any way for doing so. > > (3) The issues of law, including jurisdiction and >constitutional compliance, other than minor procedural issues, have not >been argued in the presence of the jury, and the jury has not been >provided with at least one copy of all pleadings in the case, including >amicus curiae briefs and proposed jury instructions from all parties, >and a copy of the constitutions of the State of California and the >United States and all applicable laws and precedents. > > (4) The jury has not been afforded the opportunity to >ask any questions they may have of any person, including any additional >witnesses and evidence they may require. > > (5) The jury has not been afforded the use of any >documentation they may request, including the resources of an adequate >law library, and competent assistance in their legal research. > > (6) Any person has been excluded from the jury on the >basis of his or her knowledge of the law, familiarity with legal reform >advocacy literature, or involvement in legal reform advocacy activities. > > (c) In a criminal case, with or without a jury, the prosecution >has failed to prove that the court has jurisdiction. > > Article 1, Section 23, is hereby amended to read as follows: > > One or more grand juries shall be drawn and summoned at least >once a year in each county, selected at random from among the residents >of the county. > > (a) Each grand jury shall consist of twenty-three (23) persons, >who shall make all decisions by a majority vote of grand jurors present. > > (b) The grand jury shall have sole authority to adopt their own >rules of procedure, to select petitions to be considered, to include or >exclude any person other than its members from any proceeding, to >subpoena witnesses, to decide whether or not to disclose any part of its >proceedings at any time, to decide where and when to meet, and to decide >when to adjourn. > > (c) The grand jury shall receive all petitions from any person >directly, although court staff may sort and categorize petitions, and >upon approval of the court, petitions may be appended with comments. > > (d) The filing fee for petitions to the grand jury shall not >exceed Fifty Dollars ($50), and the fee may be waived in forma >pauperis.. > > (e) No person shall be tried for a crime the penalty for which >may exceed incarceration for six months or a fine in excess of One >Thousand Dollars ($1000) who has not been indicted by a grand jury. > >SECTION 4. SEVERABILITY > > If any provision of these amendments or their application to any >person or circumstances is held invalid, that invalidity shall not >affect other provisions or applications of these Amendments which can be >given effect without the invalid provision or application, and to this >end the provisions of these Amendments are severable. > >SECTION 5. RELATIONSHIP TO OTHER MEASURES > > To the extent that any other measures on the same subject shall >be on the ballot at the same election, it is the intent of the voters >that this measure be deemed, to the maximum extent possible, not to be >in conflict with such other measures, but rather that this measure >should be harmonized with such other measures. For this purpose, the >numbering of the provisions of these Amendments may be renumbered to >achieve such harmonization. >LEGAL REFORM AMENDMENTS > >SECTION 1. TITLE > > This measure shall be known and may be cited as the Legal Reform >Amendments. > >SECTION 2. PURPOSE AND INTENT > > It is the intent of the people of the State of California in >enacting this measure to correct certain defects in the Constitution of >the State of California concerning legal rights and procedures. > >THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: > >SECTION 3. AMENDMENTS > > Article 1, Section 13, is hereby amended to read as follows: > > The right of the people to be secure in their persons, houses, >papers, and effects against unreasonable seizures and searches may not >be violated; and a warrant may not issue except on probable cause, >supported by oath or affirmation, particularly describing the place to >be searched and the persons and things to be seized. > > (a) A warrant being served shall bear an original signature of a >magistrate of competent jurisdiction, and such warrant shall be >presented to any persons present for their examination before the search >may proceed or seizure may remove the persons or things from the >premises. > > (b) All persons participating in the execution of a warrant must >be identified and listed in writing in the warrant or an appendix >thereto signed by the principal person authorized to execute the >warrant, and they must carry appropriate identification, including >badges, photo identification cards, or other visible insignia that can >enable any witness to identify any of them who may abuse the rights of >any person during the operation. > > (c) There shall be a publicly published toll-free telephone >number which any person may call at any time, day or night, and present >an access code provided by the person executing the warrant, to verify >the warrant and the identities of the persons authorized to execute it. >Any person present must be permitted to call such telephone number to >conduct such verification before the premises can be searched or the >persons or things removed, unless no telephone service is available >nearby. > > (d) Any person involved in executing a warrant must take all >reasonable precautions to avoid injury to any person, destruction of >evidence, and damage to property, and shall be held personally liable >for any injury, destruction, or damage that may occur, both civilly and >criminally, for failure to exercise such precautions. > > (e) Any person acting as an agent for a bail bondsman who >attempts to detain a fugitive must carry a warrant for the arrest of >that person and comply with all of the above provisions. > > (f) No person shall be civilly or criminally prosecuted for >resisting arrest, including the use of deadly force, or for any injury >or property damage caused by such resistance, against any person >executing a warrant who does not comply with the above provisions. > > Article 1, Section 17, is hereby amended to read as follows: > > Cruel or unusual punishment may not be inflicted or excessive >fines imposed. > > (a) Assets may not be forfeited but for payment of a specific >fine, nor may assets be forfeited which have not been proven to belong >exclusively to the person convicted of the crime, nor in excess of what >may be reasonably expected to bring the amount of the fine in a public >sale, and all proceeds in excess of the fine from such sale shall be >refunded to the owner. > > (b) Only a natural or corporate person may be the subject of a >legal proceeding, and any such proceeding conducted under the guise of a >"civil forfeiture" shall be reversed and the assets or compensation in >the value of the assets refunded to the owner. > > (c) Any assets seized and not forfeited shall be returned >undamaged to the owner if the owner is not tried or convicted of a crime >for which a fine is part of the sentence, and the owner shall be >compensated for any loss or damage that may occur. Such compensation >shall be paid out of the budget of the law enforcement agency which >conducted the seizure, and the burden of proof shall rest on the State >that any claim for compensation is without merit. > > (d) All fines in excess of reasonable court costs shall go to >the general fund and not to any agency involved in the seizure or >arrest. > > Article 6, Section 9, is hereby amended to read as follows: > > No person shall be required to be a member of the State Bar of >California to be permitted to practice law in the State of California, >and all references to the State Bar of California in this Constitution >are repealed and shall be deleted. > > (a) Regulation and licensing of the practice of law shall be >vested in a Legal Practice Commission, consisting of not less than five >nor more than fifteen members, at least a majority of whom shall not be >judges or attorneys in the practice of law, appointed by the Governor >with the consent of the Senate, with vacancies to be filled by >appointment by the Governor until the next session of the Legislature. > > (b) Any person may practice law in the State of California who >has passed a standard examination prescribed under the direction of the >Judicial Council, or according to an Act of the Legislature, and whose >right to practice has not been disabled by a ruling of the Legal >Practice Commission on a petition and proof that the practitioner has >committed a crime or other act of abuse, usurpation, negligence, >incompetence, or violation of the regulations of the Legal Practice >Commission. > > (c) The Legislature shall have power to establish subordinate >tribunals to handle petitions for disablement of the right to practice >law, as may be required. > > (d) Persons licensed or permitted to practice law in other >states or territories of the United States may practice law in the State >of California unless their right to do so is disabled as provided above. > > Article 1, Section 32, is hereby added to the California >Constitution to read: > > No legislative or judicial authority may be delegated, and no >executive authority may be delegated to any person not accountable to >the people of California under this Constitution and acts of the >Legislature pursuant thereto, and no executive decision adversely >affecting any rights, privileges, immunities, or services available to >residents of California shall be affected by or contingent upon any act >of an official or agent of another state, territory, or nation, or of >the national government. > >SECTION 4. SEVERABILITY > > If any provision of these amendments or their application to any >person or circumstances is held invalid, that invalidity shall not >affect other provisions or applications of these Amendments which can be >given effect without the invalid provision or application, and to this >end the provisions of these Amendments are severable. > >SECTION 5. RELATIONSHIP TO OTHER MEASURES > > To the extent that any other measures on the same subject shall >be on the ballot at the same election, it is the intent of the voters >that this measure be deemed, to the maximum extent possible, not to be >in conflict with such other measures, but rather that this measure >should be harmonized with such other measures. For this purpose, the >numbering of the provisions of these Amendments may be renumbered to >achieve such harmonization. > > >Attachment Converted: "I:\ATTACH\cov_jury.wpd" >
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