Liberty Preservation Act.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0439

HOUSE BILL
NO.

HB0114

Liberty
P
reservation
A
ct.

Sponsored by:
Representative(s) Kroeker, Hunt and Miller and Senator(s) Case

A BILL

for

AN ACT relating to
criminal law; providing legislative declaration that portions of the National Defense Authorization Act of 2012 are unconstitutional; prohibiting enforcement of federal law as specified; providing penalties;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 6
‑
5
‑
401 is created to read:

ARTICLE 4
LIBERTY PRESERVATION ACT

6
‑
5
‑
40
1
.

Prohibition on enforcement of National Defense Authorization Act of 2012; penalties.

(a)

The act shall be known as the
"
Liberty Preservation Act
"
.

(b)

The
l
egislature finds that the enactment into law by the United States
c
ongress of
s
ections 1021 and 1022 of the National Defense Authorization Act of 2012, Public Law Number 112-81, is inimical to the liberty, security and well-being of the people of Wyoming and was adopted by the United States
c
ongress in violation of the limits of federal power in United States
c
onstitution.

(c)

The
l
egislature finds that, together,
s
ections 1021 and 1022 of the National Defense Authorization Act of 2012, as they purport to authorize detainment of persons captured within the United States of America without charge, military tribunals for persons captured within the United States of America, and the transfer of persons captured within the United States of America to foreign jurisdictions, are
violative
of the following rights enshrined in the
c
onstitution of the United States of America:

(
i
)

The right to seek a
w
rit of habeas corpus found in Article I
,
Section 9,
Clause
2 of the United States constitution;

(ii)

The
f
irst
a
mendment right to petition the government for a redress of grievances;

(iii)

The
f
ourth
a
mendment right to be free from unreasonable searches and seizures;

(iv)

The
f
ifth
a
mendment
right to be free from charge for an infamous or capitol crime until presentment or indictment by a grand jury;

(v)

The
f
ifth
a
mendment
right to be free from deprivation of life, liberty or property, without due process of law;

(vi)

The

s
ixth
a
mendment right in criminal prosecutions to enjoy a speedy trial by an impartial jury in the state and district where the crime shall have been committed;

(vii)

The
s
ixth
a
mendment right to be informed of the nature and cause of the accusation;

(viii)

The
s
ixth
a
mendment right
to
confront witnesses;

(ix)

The
s
ixth
a
mendment right to counsel;

(x)

The
e
ighth
a
mendment right to be free from excessive bail and fines and cruel and unusual punishment;

(xi)

The
f
ourteenth
a
mendment right to be free from deprivation of life, liberty or property, without due process of law.

(d)

No public officer, employee or agent of the state nor any employee of a corporation providing services to the state shall provide material support or participate in any way with the implementation of
s
ections 1021 and 1022 of the National Defense Authorization Act of 2012 within the boundaries of this state. The
a
ttorney
g
eneral is directed to report to the
g
overnor and the
l
egislature any attempt by agencies or agents of the United States
f
ederal
g
overnment to secure the implementation of
s
ections 1021
and 1022 of the National Defense Authorization Act of 2012 through the operations of that or any other state department.

(e)

Any public officer, employee or agent of the
state
, or any employee of a corporation providing services to the
state
that enforces or attempts to enforce an act, order, law, statute, rule or regulation of the government of the United States in violation of
s
ubsection
(d)
of this
section
shall be guilty of a misdemeanor punishable by imprisonment not exceeding six (6) months or by a fine not exceeding
f
ive
h
undred
d
ollars ($500.00)
, or both
.

Section 2.
This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0114