Bill: Proposed Ancillary Offenses and Public Integrity Act

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Sponsor: Multi Man, MP
Type: Act of Parliament

A
BILL
TO
AMEND THE NEW CRIMINAL CODE ACT AND THE GOVERNMENT CORRUPTION ACT TO ESTABLISH ANCILLARY OFFENSES AND FELONY BRIBERY AND REPLACE CONFLICT-OF-INTEREST AND CORRUPTION OFFENSES WITH CAPITAL ABUSE OF POWER AND PROHIBIT VOTE BUYING AND SELLING​

Preamble: The Criminal Code has a few gaps: we don't really cover intentional attempts, conspiracy, and material assistance to a crime. Additionally, our public integrity offenses don't really punish bribery and deliberate misuse of office in a cognizable way. This bill fills those gaps.

1. Short Title and Enactment

(a) This Act may be cited as the "Ancillary Offenses and Public Integrity Act".

(b) This Act comes into force immediately upon Royal Assent.

2. Amendments

(a) Section 3 of the New Criminal Code Act is amended by appending the following to its end:

(r) "Public Official" means an individual holding elected office, appointed office, a civil service position, or another role exercising governmental authority or managing public resources.

(s) "Private Benefit" means money, property, services, employment, or another advantage for a person or legal entity.

(t) "Underlying Offense" means a felony or capital offense listed in this Act, other than an ancillary offense.

(u) "Substantial Step" means conduct beyond preparation that strongly confirms an intent to commit an offense.

(v) "Ancillary Offense" means attempt, conspiracy, accessory after the fact, or accomplice under section 17.

(w) "Corruption" means bribery, abuse of power, or financial crime under section 12.

(x) "Disgorgement" means the surrender of benefits obtained through an offense.

(b) The New Criminal Code Act is amended by adding the following as 17 section:

17. Ancillary Offenses

(a) Attempt

(i) Offense Type: Capital or Felony, as provided in subsection (e).​

(ii) Penalty: Up to one-half of each maximum penalty prescribed for the underlying offense, calculated under subsection (e).​

(iii) A person commits an offense if the person:​

(1) intends to commit an underlying offense and takes a substantial step toward committing it.​

(b) Conspiracy

(i) Offense Type: Capital or Felony, as provided in subsection (e).​

(ii) Penalty: Up to one-half of each maximum penalty prescribed for the underlying offense, calculated under subsection (e).​

(iii) A person commits an offense if the person:​

(1) intends an underlying offense to be committed and agrees with another person to commit it, and at least one party takes an action to carry out the agreement.​

(c) Accessory After the Fact

(i) Offense Type: Capital or Felony, as provided in subsection (e).​

(ii) Penalty: Up to one-half of each maximum penalty prescribed for the underlying offense, calculated under subsection (e).​

(iii) A person commits an offense if the person:​

(1) knows another person committed an underlying offense, did not participate in committing it, and helps that person evade lawful investigation, arrest, prosecution, or punishment through concealment, deception, or assistance in escape.​

(d) Accomplice

(i) Offense Type: Capital or Felony, as provided in subsection (e).​

(ii) Penalty: Up to one-half of each maximum penalty prescribed for the underlying offense, calculated under subsection (e).​

(iii) A person commits an offense if the person:​

(1) intends an underlying offense to be committed, aids, encourages, or directs another person to commit it before or during its commission, and that person commits it.​

(iv) An accomplice need not personally hold an office, position, or status required of the person who commits the underlying offense.​

(e) Classification and Calculation of Penalties

(i) An ancillary offense is capital if its authorized penalties include disqualification from holding public office. Otherwise, it is a felony.​

(ii) Punishment under this section is limited to fines, punitive surcharges, jail time, and periods of disqualification prescribed for the underlying offense.​

(iii) Each maximum amount, duration, or punitive percentage is reduced by one-half.​

(iv) A fixed amount or duration is treated as a maximum. A minimum penalty for the underlying offense does not apply.​

(v) The court may also order restitution for loss caused by the ancillary offense and disgorgement of benefits obtained through it if the underlying offense authorizes that remedy.​

(f) Overlapping Offenses

(i) When charging, a prosecutor may file charges both for the underlying offense and an ancillary offense connected to that underlying offense. However, upon conviction of the underlying offense, a court may not additionally convict an individual of an ancillary offense connected to that underlying offense.​

(c) Section 12(c) of the New Criminal Code Act is amended as follows:

(c) Conflict of Interest

(i) Offense Type: Felony​

(ii) Penalty: 20 minutes jail time; Up to a $20,000 fine at the discretion of the judiciary; disgorgement of all profits, gains, or benefits obtained through the conflict of interest.​

(iii) Additional Penalty: Potential removal from office or disqualification from holding public office at the discretion of the court.​

(iv) A person commits an offense if the person:​

(1) as a public official, has a private or personal interest that improperly influences, or creates a sufficient appearance of influencing, the objective exercise of their official duties, including through self-dealing or other undisclosed personal financial interests. Please refer to the Government Corruption Act for precise guidelines​

(c) Abuse of Power

(i) Offense Type: Capital​

(ii) Penalty: Up to 20 minutes jail time; a fine of up to $60,000; disgorgement of benefits obtained through the offense.​

(iii) Additional Penalty: The court may remove the public official from office and disqualify them from holding public office for a period of up to six months.​

(iv) A public official commits an offense if the official:​

(1) knowingly acts or fails to act in violation of a legal duty of their office, with intent to secure a private benefit for themselves or another person or legal entity, or to cause unlawful harm to another person.​

(d) The New Criminal Code Act is amended by adding the following as Section 12(e):

(e) Bribery
(i) Offense Type: Felony
(ii) Penalty: Up to 20 minutes jail time; a fine of up to $30,000; disgorgement of benefits obtained through the offense.
(iii) Additional Penalty: The court may disqualify the person from holding public office for up to six months.
(iv) A person commits an offense if the person:

(1) knowingly offers, promises, or gives a private benefit to any person or legal entity as payment for a public official's action or inaction in office; or​

(2) knowingly requests, agrees to receive, or accepts a private benefit for themselves or another person or legal entity as payment for a public official's action or inaction in office.​

(v) This subsection does not apply to payments or benefits authorized by law as fees, compensation, or consideration under a lawful government contract.

(e) Section 2 of the Government Corruption Act is amended as follows:

(a) “Public Official” means any individual holding elected office, appointed office, civil service position, or any role exercising governmental authority or managing public resources.

(a) “Public Official” has the meaning given in section 3(r) of the New Criminal Code Act.

(b) “Corruption” means the dishonest, fraudulent, or criminal use of entrusted authority or power for personal gain or other unlawful or unethical benefits.

(b) “Corruption” has the meaning given in section 3(w) of the New Criminal Code Act.

(c) “Bribery” means the offering, giving, receiving, or soliciting of anything of value, directly or indirectly, to influence the actions or decisions of a public official.

(c) “Bribery” means the conduct prohibited by section 12(e) of the New Criminal Code Act.

(e) “Abuse of Office” means the use of official position or authority to obtain an improper advantage for oneself or others, or to cause unlawful harm.

(e) “Abuse of Office” means abuse of power under section 12(c) of the New Criminal Code Act.

(h) "Conflict of Interest" means a situation in which a public official has a private or personal interest sufficient to appear to influence the objective exercise of their official duties.

(h) “Conflict of Interest” means a public official’s direct, personal, and specific financial or business interest in a government matter that is not shared generally with the public or a broad class of similarly situated persons.

(k) "Disgorgement" means the forced giving up of profits obtained illegally or unethically through the use of one's official position.

(k) “Disgorgement” has the meaning given in section 3(x) of the New Criminal Code Act.

(f) The New Criminal Code Act is amended by adding the following as Section 11(g):

(g) Vote Buying or Selling

(i) Offense Type: Felony​

(ii) Penalty: Up to 20 minutes jail time; a fine of up to $30,000; disgorgement of benefits obtained through the offense.​

(iii) A person commits an offense if the person:​

(1) knowingly offers, promises, or gives a private benefit to any person or legal entity as payment for a person casting, withholding, or changing a vote in a public election or referendum; or​

(2) knowingly requests, agrees to receive, or accepts a private benefit for themselves or another person or legal entity as payment for a person casting, withholding, or changing a vote in a public election or referendum.​

(g) The New Criminal Code Act is amended by striking Section 12(a), as follows:

(a) Corruption

(i) Offense Type: Capital​

(ii) Penalty: 60 minutes jail time; Up to a $60,000 fine at the discretion of the judiciary; ineligibility from office for a minimum of 2 months; restitution of all stolen or misused funds; and disgorgement of all profits, gains, or benefits obtained through corrupt conduct.​

(iii) Additional Penalty: Disqualification from holding public office for a period determined by the court, with a minimum period of one month and a maximum period of 6 months.​

(iv) A person commits an offense if the person:​

(1) as a public official, uses entrusted authority or power dishonestly, fraudulently, or criminally for personal gain or other unlawful or unethical benefit, including bribery, abuse of office, favoritism, or misuse of public resources.​