© Copyright October 2012 by James Roger Brown. All rights reserved. The Model Death Squad Prohibition Legislation may be copied and altered or modified as required for legislative format compliance and to be introduced for legislative purposes.

MODEL DEATH SQUAD PROHIBITION LEGISLATION

A Bill

For An Act To Be Entitled

AN ACT TO PROHIBIT AND ESTABLISH CRIMINAL PENALTIES FOR THE FORMATION AND OPERATION OF A DEATH SQUAD OR TORTURE SQUAD; TO REQUIRE THE STATE POLICE ESTABLISH A DEATH SQUAD MONITORING TASK FORCE; TO REQUIRE ALL AGENTS OF FOREIGN GOVERNMENTS, FOREIGN MILITARY OR POLICE PERSONNEL AND UNITS OPERATING IN THE STATE TO REGISTER WITH THE STATE POLICE DEATH SQUAD MONITORING TASK FORCE, WHO SHALL HAVE AUTHORITY TO PLACE MONITORS WITH ANY SUCH FOREIGN INDIVIDUAL OR UNIT; TO ESTABLISH CRIMINAL PENALTIES FOR ANY FOREIGN NATIONAL OR ILLEGAL IMMIGRANT ENTERING THE STATE FOR THE PURPOSE OF PARTICIPATING IN THE OPERATION OR SUPPORT OF A DEATH SQUAD OR THE EXTRAJUDICIAL KIDNAPING, DETAINMENT, TORTURE, INTIMIDATION OR EXECUTION OF ANY CITIZEN OR RESIDENT; AND FOR OTHER PURPOSES.

Subtitle

AN ACT TO PROHIBIT THE CREATION AND OPERATION OF DEATH SQUADS AND TORTURE SQUADS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF (name of State):

SECTION 1. DEFINITIONS.

(A) “Death squad” shall mean:

(1) A person or group of persons falsely impersonating law enforcement or military personnel or operating under color of authority as armed military, law enforcement, or other government authority for the purpose of extrajudicial execution, assassination, kidnaping,  forced disappearance, or torture conducted in a manner to conceal their identities and conceal criminal acts they commit;

(2) A person or group of persons operating as vigilantes to conduct extrajudicial execution, assassination, kidnaping, forced disappearance, or torture conducted in a manner to conceal their identities and conceal criminal acts they commit; or

(3) A person or persons participating in a gang or organized criminal enterprise who execute, assassinate, kidnap, disappear, or torture nonmembers in a manner to conceal their identities and conceal criminal acts they commit.

(B) “Extrajudicial” shall mean actions taken without legal foundation, without judicial authorization and procedures in the form of proper appropriate valid warrants, without arrest warrants specifying criminal offenses, without filing of criminal charges within the specified time limits, without informing the person of the charges against them, denial of access to legal counsel, and the denial of human rights, legal rights and access to proper medical treatment for illness or injury.

SECTION 2. PROHIBITION. The creation, existence, operation, transportation,  and support of any death squad, torture squad, death squad target list, or torture squad target list is hereby prohibited within the State of (name of State).

SECTION 3. LEVEL OF OFFENSE. Unless otherwise specified, violating any provision of this act shall be a First Degree Felony (or Class A Felony in States using the letter felony rating scale).

SECTION 4. CRIMINAL OFFENSES.

(A) The following death squad and torture squad related acts or failures to act shall be criminal offenses under this Act:

(1) Constructing, distributing, transporting or storing a written or electronic list of names to be extrajudicial targets of a death squad or torture squad for execution, assassination, kidnaping, forced disappearance or torture shall be separate criminal offences under this Act.

(2) Engaging in threats, harassment, intimidation, stalking, or terrorist threats to protect the existence or operations of a death squad or torture squad shall be separate criminal offenses under this Act.

(3) Failure to report to the State Police, or other law enforcement agency, the existence of a death squad or torture squad operating within the State or targeting residents of the State.

(4) Failure to report to the State Police, or other law enforcement agency, the existence of a death squad or torture squad target list containing the names of residents of the State.

(5) The failure of agents of foreign governments, foreign military or police personnel and units to register their presence in the State with the State Police Death Squad Monitoring Task Force.

(6) Training any person to participate in or support a death squad, death squad activity, torture squad or torture squad activity.

(7) Providing financial support or economic management support for the creation and sustained operation of a death squad or torture squad.

(8) Supplying arms, ammunition, vehicles, communications equipment, computers, or any other material support to the creation and sustained operation of a death squad or torture squad.

(9) Renting, leasing or donating buildings, housing, operation facilities, or any other physical plant to an operating death squad or torture squad.

(10) Contracting to provide services of any kind to an operating death squad or torture squad.

(11) Any action taken by any elected, appointed, or employed government official for the purpose of protecting or concealing the existence and operation of a death squad or torture squad or concealing the creation and existence of any death squad or torture squad target lists affecting citizens or residents of the State.

(12) Impersonating any member of the State Police Death Squad Monitoring Task Force or falsely claiming to be a member or representative of the State Police Death Squad Monitoring Task Force for any illicit or deceptive purpose.

(B) It shall be a separate criminal offense to acquire, pre-position, maintain, store, or transport weapons, ammunition or any other equipment, implements or tools for use by a death squad or torture squad.

(C) It shall be a separate criminal offense to acquire, construct, or maintain any land, property, facilities, or mass body disposal operation for use by a death squad or torture squad.

(D) The failure of any foreign agent, foreign military or police personnel and units operating in the State of (name of State) to register with the State Police Death Squad Monitoring Task Force.

(E) It shall be a criminal offense for any foreign national or illegal immigrant to enter the State for the purpose of participating in the operation or support of a death squad or the extrajudicial kidnaping, detainment, torture, intimidation or execution of any citizen or resident.

(F) It shall be a criminal offense to dispose of the living or deceased victims of a death squad or torture squad in a mass grave or dispose of their living or dead bodies in any other manner for the purpose or consequence of concealing their death and criminal acts involved in their death.

(G) It shall be a separate criminal offense to use drone technology or any other aerial observation or weapon platform to track, eavesdrop on, attempt to execute, execute, or take any action that results in the deaths of innocent persons in the vicinity of an individual because their name is contained in any death squad or torture squad related list.

(H) It shall be a criminal offense to deprive any citizen or resident of the means to defend themselves and their family against assault by a death squad or torture squad.

SECTION 5. ASSET FORFEITURE.

(A) Any person, organization, political party, corporation, foundation, think tank, government agency or other group entity offering or providing compensation or remuneration for participating in or supporting a death squad or torture squad shall be subject to asset forfeiture  with the whole of their individual and collective assets, property and capital in its entirety going to compensate death squad victims, torture squad victims and surviving family members.

(B) Any person receiving compensation or remuneration for any of the following acts shall have committed a criminal offense under this Act and shall be subject to asset forfeiture with the whole of their assets, property and capital in its entirety going to compensate death squad victims, torture squad victims and surviving family members:

(1) Participating in the design, planning, creation, establishment or operation of a death squad or torture squad;

(2) Training any person to participate directly in the operations of a death squad or torture squad or support of a death squad or torture squad.

(C) Any corporation, business, individual sales agent or contracted supplier which provides drone technology or any other aerial spying or weapons platform for use by a death squad that is used to execute any individual or is used to take action resulting in the death of innocent persons in the vicinity of any person targeted because their name was taken from any death squad or torture squad related list shall be subject to asset forfeiture with the whole of their individual and collective assets, property and capital in its entirety going to compensate death squad victims or surviving family members and any persons injured or killed in the vicinity of a targeted person or their surviving family members.

SECTION 6. GOVERNOR’S RESPONSIBILITY.

(A) Within ninety (90) days of enactment of this Bill, the Governor shall complete formulation of a plan to mobilize the general population to address death squad or torture squad activity within the State, including activity that originates and is coordinated out of State.

(B) Should it be determined that death squad or torture squad activity is occurring under color of Federal authority, the Governor shall have the authority to order the recall of any National Guard units deployed outside the State as may be required to protect the residents of the State.

SECTION 7. STATE POLICE.

(A) The State Police shall establish a Death Squad Monitoring Task Force which shall have the following authority and responsibilities:

(1)Issue public warnings and advisories about the activities of death squads and torture squads that may operate or begin operating within the State.

(2) Monitor the arms and ammunition purchasing of State, United States, international and foreign government agencies and entities operating in the State;

(3) Monitor activity that may aid or abet current or future death squad or torture squad activities;

(4) Monitor missing person reports, kidnaping and other law enforcement information for patterns that may indicate death squad or torture squad activity within the State;

(5) Accompany all Federal Law Enforcement actions conducted within the State, determined beforehand to be for legitimate Constitutional legal purposes with valid search warrants and arrest warrants for the correct address, to inform the public that it is not a death squad or torture squad related action.

(B) The State Police shall establish a comprehensive electronic database of information regarding persons with no known or identifiable criminal, social or economic reason to leave who have disappeared under suspicious or unexplained circumstances.

(1) An annual report of database statistics and emergent patterns shall be issued.

(2) The database shall be available for scientific research.

(C) Within ninety (90) days of enactment of this Act, the State Police shall establish and implement a program to train neighborhood watch organizations how to identify and defend their neighborhoods against death squad or torture squad raids or activity.

SECTION 8. REGISTRATION WITH STATE POLICE DEATH SQUAD MONITORING TASK FORCE.

(A) All foreign military or police personnel and units operating within the State shall register with the State Police Death Squad Monitoring Task Force and be subject to monitoring.

(B) Any Federal Agency which fails to inform the State Police Death Squad Monitoring Task Force of impending action within the State, fails to document that their action is not related to death squad or torture squad activity, and fails to be accompanied on their action by a State Police Death Squad Monitoring Task Force member or representative to inform the public that the action is not death squad or torture squad related, shall be liable for all resulting damages and consequences.

SECTION 9. RIGHT OF DEFENSE AGAINST DEATH SQUAD OR TORTURE SQUAD. Any resident of the State targeted by a death squad or torture squad shall have the right to defend themselves and members of their family and shall have the right to come to the aid of any neighbor targeted by a death squad or torture squad.

SECTION 10. EMERGENCY CLAUSE.  It is found and determined by the General Assembly, that elements within the Federal government have created both death squads and torture squads and executive orders now allow them to target United States citizens, which may include citizens of this State. It is also recognized that the history of death squads and torture squads in nations which chose their use under the false assumption they would solve national problems, such as Argentina, Greece, Chile, Cambodia, and a long list of other nations, all ended with the same tragic results. Horrific atrocities were committed against the citizens of their own Nation and the members and commanders of the death squads and torture squads were subsequently prosecuted by their own Nation or by international tribunals for the atrocities committed. There is no valid reason for the citizens of this State to suffer death and indignities because Federal Officials and criminals have chosen the folly of repeating one of the proven mistakes of history. In addition to Federal death squads and torture squads, drug cartels and street gangs are operating death squads in the United States. Individuals within the Federal Government have even allowed death squads from “friendly” Nations to enter the United Sates and execute American citizens. The citizens of this State are entitled to and need immediate protection from Federal Government death squads and organized criminal death squads. When the Federal Government fails to protect citizens and in fact becomes the perpetrator of crimes against its people, then it becomes the responsibility of each State to protect and defend its own citizens. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after (earliest date your State emergency legislation rules allow it to take effect).

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