Proposed Recording Government Amendment – by Dave Champion

A Citizen of a state of the union and a citizen of the United States may use any device or means to record the words and actions of any person holding public office, state or federal, during such times as said person is working in their official capacity or otherwise performing the function of a public office.

Any public official, public employee or agent of the government, state or federal, who tampers with or destroys any citizen’s recording device or media or otherwise interferes with the recording indicated in the preceding paragraph one is guilty of a felony, defrauding the public, and upon conviction shall be imprisoned for three years, lose all accrued pension or retirement benefits, and shall be ineligible for any government employment of any kind, which also includes being employed as an agent of government, for life.

Any official or agent of the government who stops performing the function of a public office or refuses to perform the duties of the office due to being recorded shall forfeit his employment along with all accrued pensions and retirement benefits.

Scope
This Amendment contemplates occasions of opportunity and shall not be interpreted to authorize the stalking, tracking, or harassment of any government officer or employee during the performance of a public function. Any officer of employee may be followed and recorded until such time as the following constitute stalking, tracking, or harassment of the officer or employee. Nothing in this Amendment shall be construed to address citizens recording private persons in public or private places.

Exemptions
Legitimate undercover law enforcement activities, national and state intelligence and counterintelligence meetings or recordings, and circumstances or in a manner in which a reasonable person could anticipate recording the officer would place his physical safety in immediate and direct jeopardy.

Remedy
Any Citizen of state of the union or a citizen of the United States who believes any person has committed any act forbidden by this Amendment may take his claim directly to a grand jury in the county in which the interference, tampering, or destruction occurred. The citizen need not go to any government official or meet any government requirement or prerequisite in order to bring the matter before the grand jury.

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