AB 351, as amended, Donnelly. Civil liberties: suspension of habeas corpus for American citizens.
The United States Constitution and the California Constitution provide for various civil liberties and other individual rights for a citizen of the United States and the State of California, including the right of habeas corpus, the right to due process, the right to a speedy and public trial, and the right to be informed of criminal charges brought against him or her.
Certain provisions of federal law affirm the authority of the President of the United States to use all necessary and appropriate force to detain specified persons who engaged in terrorist activities.
This bill would enact the California Liberty Preservation Act. The act would
begin delete provide that an officer, agent, or employee of the United States, or an employee of a corporation providing services to the United States, who enforces or attempts to
enforce the provisions of federal law described above would be guilty of a misdemeanor and subject to imprisonment in a county jail for up to one year, or a fine of not more than $10,000, or both imprisonment and the fineend delete.
In addition, the bill would provide that a public officer or employee of the state who enforces or attempts to enforce those provisions of federal law would also be guilty of a misdemeanor, but would be subject to imprisonment of up to 6 months, or a fine of up to $5,000, or both imprisonment and the fine. By creating new crimes, the bill would impose a state-mandated local program.end delete
The bill would require the Attorney General to report to the Governor and the Legislature any attempt by the federal government to implement these provisions, as specified.end delete
The bill would also include specified findings and declarations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.end delete
This bill would provide that no reimbursement is required by this act for a specified reason.end delete
This bill would declare that it is to take effect immediately as an urgency statute.end delete
begin delete2⁄3 end delete.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end delete.
The people of the State of California do enact as follows:
Section 145.5 is added to the Penal Code, to read:
(a) This act shall be known as the California Liberty
4(b) The Legislature finds and declares all of the following:
5(1) The Tenth Amendment to the United States Constitution
6authorizes the United States federal government to exercise only
P3 1those powers specifically delegated to it under
begin delete Section 8 of Article the United States Constitution.
2I ofend delete
3(2) The guarantee of the constitutional limitations on federal
4power is a matter of contract between the several states, including
5the State of California, and the federal government at the time the
6United States Constitution was ratified and subsequently amended
7 by the Bill of Rights.
8(3) Article VI of United States Constitution provides that the laws of the United States
10federal government are the supreme law of the land only if those
11laws are adopted in accordance with the powers delegated to the
12federal government in the United States Constitution.
13(4) The President of the United States has asserted that the
14 Authorization for
begin delete theend delete Use of Military
15Force (Public Law 107-40), enacted in 2001, authorizes the
16President to indefinitely detain, without charge, any person,
17including a citizen of the United States or a lawful resident alien,
18regardless of whether the person is apprehended inside or outside
19the borders of the United States.
20(5) Sections 1021 and 1022 of the National Defense
21Authorization Act for Fiscal Year 2012 (Public Law 112-81)
22authorize all of the following:
23(A) Indefinite detention of persons apprehended within the
24United States without charge or trial.
25(B) Prosecution by military tribunals under the law of war for
26persons apprehended within the United States.
27(C) Transfer of persons apprehended within the United States
28to foreign jurisdictions.
29(6) In authorizing the actions described in paragraph (5) of this
30subdivision, Sections 1021 and 1022 of the National Defense
31Authorization Act for Fiscal Year 2012 (Public Law 112-81) are
32inimical to the liberty, security, and well-being of the citizens of
33the State of California by violating all of the following:
4(A) The California Constitution.
5(B) The limits of federal power
begin delete authorized by Section 8 of the United
6Article I ofend delete
8(C) The legal doctrine of posse comitatus under Section 1385
9of Title 18 of the United States Code by authorizing the Armed
10Forces of the United States to police the United States.
11(D) The following provisions of the United States Constitution:
12(i) Clause 2 of Section 9 of Article I, ensuring the right to seek
14(ii) The First Amendment, ensuring the right to petition the
15federal government for the redress of grievances.
16(iii) The Fourth Amendment, ensuring the right to be free from
17unreasonable search and seizure.
18(iv) The Fifth Amendment, requiring capital or infamous crimes
19to be brought before a grand jury before charging the defendant
20and prohibiting deprivation of life, liberty, or property without due
21process of law.
22(v) The Sixth Amendment, ensuring the right to a speedy trial
23by an impartial jury in the state or district where the offense was
24alleged to have been committed, the right to be informed of the
25nature and cause of accusations and charges levied, the right to
26retain legal counsel, and the right to confront witnesses.
27(vi) The Eighth Amendment, prohibiting excessive bail and
28fines and prohibiting cruel and unusual punishment.
29(vii) The Fourteenth Amendment, prohibiting deprivation of
30life, liberty, or property without due process of law.
31(7) The actions described in paragraph (5) of this subdivision
32as authorized by Sections 1021 and 1022 of the National Defense
33Authorization Act for Fiscal Year 2012 (Public Law 112-81), and
34the enforcement of those actions, are illegal within this state.
35(8) Sections 1021 and 1022 of the National Defense
36Authorization Act for Fiscal Year 2012 (Public Law 112-81)
37violate portions of federal law, the United States Constitution, and
38the California Constitution and are invalid and illegal in this state.
38 It is the policy of this state to refuse to provide material
39support for or to participate in any way with the implementation
40within this state of
begin delete Sections 1021 and 1022 of the National Defense
P6 1Authorization Act for Fiscal Year 2012 (Public Law 112-81).end delete
13(d) (1) An officer, agent, or employee of the United States or
14an employee of a corporation providing services to the United
15States who enforces or attempts to enforce Section 1021 or 1022
16of the National Defense Authorization Act for Fiscal Year 2012
17(Public Law 112-81) is guilty of a misdemeanor and subject to
18imprisonment in a county jail for up to one year, a fine of not more
19than ten thousand dollars ($10,000), or both imprisonment and the
21(2) A public officer or employee of this state who enforces or
22attempts to enforce Section 1021 or 1022 of the National Defense
23Authorization Act for Fiscal Year 2012 (Public Law 112-81) is
24guilty of a misdemeanor and subject to imprisonment in a county
25jail for up to 6 months, a fine of not more than five thousand dollars
26($5,000), or both imprisonment and the fine.
27(e) The Attorney General shall
report to the Governor and the
28Legislature any attempt by the federal government to implement
29Section 1021 or 1022 of the National Defense Authorization Act
30for Fiscal Year 2012 (Public Law 112-81) through the Attorney
31General or another state agency.
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
39the meaning of Section 6 of Article XIII B of the California
This act is an urgency statute necessary for the immediate
2preservation of the public peace, health, or safety within the
3meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:
5In order to ensure that the constitutional rights of the citizens of
6the United States are protected as soon as possible, it is necessary
7that this act take effect immediately.