Bill Text: GA HB21 | 2011-2012 | Regular Session | Introduced
Bill Title: State Authority and Anti-racketeering Act; enact
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-24 - House Second Readers [HB21 Detail]
Download: Georgia-2011-HB21-Introduced.html
11 LC
21 0915
House
Bill 21
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 1 of Chapter 11 of Title 16 of the Official Code of
Georgia Annotated, relating to general provisions relative to treason and other
subversive activities, so as to provide findings of the General Assembly
regarding the constitutionality of certain federal laws and other mandates; to
provide that any judicial officer, law enforcement officer, agent, or employee
of the federal government, any multinational government, any international
government, or any global government commits the offense of racketeering by
color of law when he or she attempts to enforce any law not recognized as valid;
to provide for a short title; to provide for penalties; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known as the "State Authority and Anti-racketeering
Act."
SECTION
2.
Part
1 of Article 1 of Chapter 11 of Title 16 of the Official Code of Georgia
Annotated, relating to general provisions relative to treason and other
subversive activities, is amended by adding a new Code section to read as
follows:
"16-11-5.
(a)
The General Assembly finds that:
(1)
The Tenth Amendment to the United States Constitution guarantees to the states
and the people all powers not granted to the federal government elsewhere in the
Constitution and not prohibited by the Constitution;
(2)
The Ninth Amendment to the United States Constitution guarantees to the people
all rights not otherwise enumerated in the Constitution;
(3)
Article I, Section 8, Clause 6 of the United States Constitution grants the
federal government the power to punish persons for counterfeiting the securities
and current coin of the United States;
(4)
Article I, Section 8, Clause 10 of the United States Constitution grants the
federal government the power to punish persons for piracies and felonies on the
high seas and for offenses against the law of nations;
(5)
Article III, Section 3 of the United States Constitution grants the federal
government the power to prescribe the punishment for treason;
(6)
The United States Constitution contains no other grant of power, general or
specific, to Congress or the federal government to provide for the punishment of
any other crimes;
(7)
The states granted supremacy only to the Constitution of the United States, laws
made pursuant to the Constitution of the United States, and treaties made under
the limited constitutional authority of the United States;
(8)
The United States may not delegate by treaty that which has not been delegated
to it by the states;
(9)
Congress and the federal government have enacted laws, executive orders, rules,
regulations, and other mandates and have entered into treaties that are beyond
the scope of these constitutionally delegated powers;
(10)
Any actions taken by the federal government through its agents or employees that
are not authorized by the Constitution of the United States are unlawful; and
being unlawful, they are criminal offenses against the affected parties;
and
(11)
The State of Georgia hereby reclaims authority under the Tenth Amendment to the
Constitution of the United States over all powers not otherwise enumerated and
granted to the federal government by the states in the Constitution of the
United States.
(b)
Any judicial officer, law enforcement officer, agent, or employee of the federal
government, any multinational government, any international government, or any
global government commits the offense of racketeering by color of law when he or
she attempts to enforce any federal, multinational, international, or global law
not recognized as valid by application of the standards set forth in subsection
(a) of this Code section.
(c)
It shall not be an affirmative defense to a prosecution under subsection (b) of
this Code section that the defendant was acting under color of law unless he or
she is enforcing an order based upon a conviction for a crime recognized as
valid in subsection (a) of this Code section.
(d)
A person convicted of a violation of subsection (b) of this Code section shall
be guilty of a felony and shall be punished by imprisonment for up to 30 years
for each offense."
SECTION
4.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.