#CONST013Stage 7

Hearings Act 2019

Sponsor: BoT Introduced: 30/JUN/2019

Committee: N/A

Hearings Act 2019

#CONST013 #13

An Act to establish Senate Hearings and the power of subpoenas.

[30/JUN/2019]

This act will take effect upon the ratification of the Constitution.

Be it enacted by the Senate and House of Representatives of the Habbo White House in Congress assembled,

Part 1: Hearings

  1. Establishment
    1. Any Senate Committee may host a hearing related to their policy area
    2. All hearings shall be public
    3. [F1 - The Congressional Committee must have a panel of no less than three (3) members, including the Chairperson or Vice Chairperson as presiding officer.]
       
  2. Decorum
    1. All spectators shall remain silent and respectful, and continue to follow all White House laws
    2. The Chair may remove any members who fail to follow this section during a hearing
       
  3. [P7 - Procedures
    1. All hearing proceedings must provide for;
      1. The Defendant taking an oath;
      2. The possibility of an opening statement by the Defendant;
      3. The possibility of a closing statement by the Defendant;
      4. Any witnesses taking an oath;
      5. A final statement/verdict by the committee;
      6. The questioning of the Defendant and any witnesses by the committee.
    2. The following shall be the oath used during hearings;
      1. “Do you solemnly swear that the testimony you will give before this Committee will be the truth, the whole truth, and nothing but the truth?”
    3. Any committee shall, in advance of a hearing, adopt a committee resolution setting out the rules by which said hearing shall be governed.]
       
  4. Legislative Hearings
    1. The [F2 - Congressional Committees] may hold public legislative hearings to discuss legislation which has reached at least stage three of the legislative process
    2. Legislative hearings may question a whole range of witnesses under oath asking for their professional and personal opinions

  5. [F(680A) - Confirmation Hearings
    1. Congressional Committees may hold Confirmation Hearings to question a nominee in regards to their nomination as part of their deliberation
    2. Nominees shall be regarded as the defendant in Confirmation Hearings and they shall have the following rights:
      1. The right to a maximum of two (2) witnesses of their choosing to present a statement on their behalf.
      2. The right to seek the rewording of questions.
      3. The right to submit evidence to the committee regarding their nomination.]

F1 (Amendment) - P2, S1(1) of Congress Reform Act 2019

F2 (Amendment) - P2, S1(2) of Congress Reform Act 2019

P7 (Amendment) - S1(1) of Hearings (Procedural Reform) Order 2019

F(680A) (Addition) - S1(1) of Hearings (Subpoena Revision and Confirmation Hearings) Act 2020

Part 2: Subpoenas

  1. Power
    1. Subpoenas may be used to;
      1. Order a person to attend a hearing or court proceeding
      2. Require a document or evidence to be submitted in a hearing or court proceeding
      3. [F3 - Order a person to answer questions in writing]
    2. [F4 - Only the Chairperson of a Congressional Committee, or the Court has the power to issue a subpoena under this Part.]
    3. In any court, the Prosecution and Defense may request the court to issue a subpoena
      1. The DoJ may intervene and deny a subpoena request if it is reviewed to be irrelevant or unneeded
         
  2. [F(680B) - Subpoena rules
    1.  If a subpoena is issued, the following information must be included:
      1. For a subpoena for Court attendance:
        1. A brief statement of the power vested in the Court to issue a subpoena
        2. The time, date and place of the trial
        3. The username of the individual or group required to attend
        4. The docket number, case description and parties of the trial
        5. The reason as to why the attendance of the individual/group is required
        6. A statement informing that they shall testify under oath and that they must comply with the subpoena, and the consequences of breaching this
      2. For a subpoena for Congressional Hearing attendance:
        1. A brief statement of the power vested in the Chairperson to issue a subpoena
        2. The time, date and place of the Hearing
        3. The username of the individual or group required to attend
        4. The topic of the Congressional Hearing
        5. The reason as to why the attendance of the individual/group is required
        6. A statement informing that they shall testify under oath and that they must comply with the subpoena, and the consequences of breaching this
      3. For a subpoena requesting documents, evidence and/or answers to written questions:
        1. A brief statement of the power vested in the Chairperson or Court to issue a subpoena
        2. The username of the individual or group required to provide documents, evidence and/or answers to written questions
        3. The reason as to why the documents, evidence and/or answers to written questions of the individual/group is required
        4. A statement informing that they must comply with the subpoena, and the consequences of breaching this
    2. [F(782) - The individual/group shall have the right to reschedule a maximum of one (1) time.]
    3. If a subpoena is submitted and does not comply with this section, the individual/group being subpoenaed may ignore it.]

  3. [F(826) - Executive Privilege
    1. The President or Vice President upon receiving a valid subpoena from Congress or the Court shall be required to attend any hearing to which they have been subpoenaed
    2. If called to testify, the President or Vice President may invoke executive privilege and refuse to answer a specific question.
      1. Executive privilege may only be asserted to protect State secrets or classified information]
         
  4. Self-Incrimination
    1. As stated in Article 8(1)(3) of the Constitution, nobody shall be required to share personal information about themselves, or self incriminate
    2. Any member may state they wish to “plead the fifth”, which means they would like to invoke their right to privacy against sharing personal information and/or self incrimination
       
  5. Offenses
    1. [F8 - Failure to comply with a subpoena shall be a Class B offense;]
    2. Perjury, which is knowingly lying or failing to state the full truth while under oath, shall be a [F9 - Class A] offense

F3 (Addition) - P2, S1(3) of Congress Reform Act 2019

F4 (Amendment) - P2, S1(4) of Congress Reform Act 2019

F8 (Amendment) - S1(1) of Hearings (Offense streamlining) Act 2019

F9 (Amendment) - S1(2) of Hearings (Offense streamlining) Act 2019

F(680B) (Amendment) - S1(2) of Hearings (Subpoena Revision and Confirmation Hearings) Act 2020

F(782) (Amendment) - S1(1) of Hearings (Subpoena Adjustment) Act 2020

F(826) (Amendment) - S1(1) of Hearings (Executive Privilege Restriction) Act 2020

Part 3: Powers to Amend

  1. [F10 - All amendments made to Part 1 of this Act through primary legislation must receive the response of the Speaker of the House.]
  2. [F11 - All amendments made to Part 2 of this Act through primary legislation must receive the response of the Speaker of the House and Chief Justice.]
  3. [F6 - The Speaker of the House may amend Part 1 of this Act via order.]

F6 (Addition) - P2, S1(6) of Congress Reform Act 2019

F10 (Amendment) - P1, S6(1) of Assent and Response Adjustment Act 2020

F11 (Amendment) - P1, S6(2) of Assent and Response Adjustment Act 2020

Constitution Application

BOT NOTES

This act is submitted with the ratification of the Constitution, signed by President UsernameIsInUse. This act establishes Senate Hearings and the power for the Senate and the Court to issue subpoenas.

Committee Meetings

Committee Host YEA NAY Date
No Committee Meeting record.

Chamber Events

Host YEA NAY Date
No Chamber record.
Username Vote Date
No Voting record.

Assent

Body/Person Response Date/Time
No assent listed.

Response

Body/Person Response Date/Time
No response listed.
This act has no co-sponsors.

Amendments

# Title Status
No Amendments.

Repeals

# Title Status
No Repeals.
 The enforced text may differ from this, please always refer to the enforced text.

Hearings Act 2019

#CONST013

An Act to establish Senate Hearings and the power of subpoenas.

[30/JUN/2019]

This act will take effect upon the ratification of the Constitution.

Be it enacted by the Senate and House of Representatives of the Habbo White House in Congress assembled,

Part 1: Hearings

  1. Establishment
    1. Any Senate Committee may host a hearing related to their policy area
    2. All hearings shall be public
    3. The Senate Committee must have a panel of no less than three and no more than five members, including;
      1. The Committee Chairperson or the Committee Vice Chairperson (The Chair)
      2. At least two other Committee members
         
  2. Decorum
    1. All spectators shall remain silent and respectful, and continue to follow all White House laws
    2. The Chair may remove any members who fail to follow this section during a hearing
       
  3. Procedures
    1. All hearing proceedings shall follow the following procedure;
      1. The Defendant shall swear an oath, may give an opening statement, and shall be questioned by the Committee
      2. Any witnesses called upon by the committee shall swear an oath, may give an opening statement, and shall be questioned by the Committee
      3. The Defendant may give a closing statement
      4. The Committee shall give their final statement / verdict
    2. The following shall be the oath used during hearings;
      1. “Do you solemnly swear that the testimony you will give before this Committee will be the truth, the whole truth, and nothing but the truth?”
    3. There shall be a mandatory recess of at least three minutes and no more than fifteen minutes for every hour the hearing is active
       
  4. Legislative Hearings
    1. The OoLA may hold public legislative hearings to discuss legislation which has reached at least stage three of the legislative process
    2. Legislative hearings may question a whole range of witnesses under oath asking for their professional and personal opinions
       

Part 2: Subpoenas

  1. Power
    1. Subpoenas may be used to;
      1. Order a person to attend a hearing or court proceeding
      2. Require a document or evidence to be submitted in a hearing or court proceeding
    2. The Chairperson of a Senate Committee with jurisdiction over the relevant policy area, or the Court has the power to issue a subpoena under this Part
    3. In any court, the Prosecution and Defense may request the court to issue a subpoena
      1. The DoJ may intervene and deny a subpoena request if it is reviewed to be irrelevant or unneeded
         
  2. Message
    1. In any cases where a subpoena is issued, the following information must be included;
      1. A brief statement of the power vested in the Chairperson or Court to issue a subpoena
      2. The username of the individual or group required to attend
      3. The topic of the Senate Hearing, or the docket number, case description, and parties of the trial
      4. The reason as to why the attendance of the individual/group is required
      5. A statement informing that they shall testify under oath, and lying under oath is considered Perjury, and the Class of the offense of Perjury
      6. This framework may be altered for subpoenas regarding documents and/or evidence
         
  3. Executive Privilege
    1. The President and Vice President may choose to not go to any hearing or court date in which they’ve been subpoenaed to attend
    2. Executive privilege may be revoked for a hearing or court date by the Senate via resolution of 80% or higher
       
  4. Self-Incrimination
    1. As stated in Article 8(1)(3) of the Constitution, nobody shall be required to share personal information about themselves, or self incriminate
    2. Any member may state they wish to “plead the fifth”, which means they would like to invoke their right to privacy against sharing personal information and/or self incrimination
       
  5. Offenses
    1. Failure to attend a hearing or court proceeding after a subpoena has been issued shall be a Class C offense
    2. Perjury, which is knowingly lying or failing to state the full truth while under oath, shall be a Class B offense

Part 3: Powers to Amend

  1. All amendments made to Part 1 of this Act through primary legislation must receive the consent of the Speaker of the House.
  2. All amendments made to Part 2 of this Act through primary legislation must receive the consent of the Speaker of the House and Chief Justice.