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Author Topic: SB 150 Constitutional Rights Protection  (Read 2592 times)

Basil Fishbone

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SB 150 Constitutional Rights Protection
« on: January 20, 2011, 11:42:22 am »

This is a worthwhile bill that needs your support.
 
 
http://data.opi.mt.gov/bills/2011/billhtml/SB0150.htm
 
SENATE BILL NO. 150

INTRODUCED BY A. WITTICH

 

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR CIVIL ACTIONS FOR THE VINDICATION OF VIOLATIONS OF CONSTITUTIONAL RIGHTS; PROVIDING EXCEPTIONS AND DEFINITIONS; PROVIDING FOR THE NONPAYMENT OF COSTS AND ATTORNEY FEES; CREATING THE OFFENSE OF OFFICIAL OPPRESSION; AND AMENDING SECTION 2-9-305, MCA."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     NEW SECTION.  Section 1.  Protection of constitutional rights. (1) This section may be cited as the "Montana Constitutional Rights Protection Act".

     (2) It is the purpose of the legislature to create in state law civil actions that are adapted to the special needs of Montana and that allow persons to seek redress for deprivations of the rights they have reserved to themselves under the Montana or United States constitution.

     (3) It is not within the official duty of a public official, including a public official within the boundaries of the state, to deny, restrict, or infringe upon the exercise of a constitutional right of another person without due process of law. A public official who denies, restricts, or infringes upon the exercise of a constitutional right of another person without due process of law does so as a private person and not as a public official, and the act is not an official act.

     (4) A public official who, under color of law, denies, restricts, or infringes upon the exercise of a constitutional right of another person is subject to a civil action by the other person for compensatory and punitive damages. The action may be brought in the district court of the county in which the plaintiff resides. An action against a public official pursuant to this section is against the official as a private person acting outside of the public official's official capacity. The public treasury may not be called upon to pay any costs of legal defense for or damages awarded against the public official.

     (5) A public official who orders or directs another public official or other person to deny, restrict, or infringe upon the exercise of a constitutional right of another person is accountable for the act of the directed or ordered public official or other person as if the directing or ordering public official committed the act. A person who attempts to cover up a violation under this section or to obstruct an action or the prosecution of an action under this section is also accountable for the act giving rise to the action as if the person had committed the act. ...<snip>...
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Klapton Isgod

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Re: SB 150 Constitutional Rights Protection
« Reply #1 on: January 24, 2011, 01:04:30 pm »

This is perhaps the most important sentence in the entire document:

Quote
The public treasury may not be called upon to pay any costs of legal defense for or damages awarded against the public official.

THEY are responsible for their actions, NOT the taxpayer.

This is rarely ever true in cases of police abuses, which is part of the reason we see so much police abuse.  If THEY actually had something to lose by their criminal behavior, they might actually be deterred somewhat.
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