bill, and a much more precise definition of the word "loiter", to insure constitutional challenge. I. DE LEON GUERRERO

Transcription

1 e Honorable Thomas P. Villagomez House of Representatives ' 0 Eighth Northern Marianas 0 Commonwealth Legislature Saipan, MP and The Honorable Juan S. Demapan Eighth Northern Marianas Commonwealth Legislature Saipan, MP Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law, House Local Bill No. 8-1, to provide curfew hours for minors on Saipan, which was passed by the Third Senatorial District Legislative Delegation. The issue of establishing curfew hours for minors has been a subject of prior legislation since the 5th Legislature, and perhaps even before that. For some reason, the prior bills attempting to address the matter never reached the final stage. With the increase in population, contributing to additional burden on our Public Safety officers, it is imperative that these officers are given specific guidelines such as the curfew legislation, in order to better protect our youth and the community as well. Although I have signed this bill into Saipan Local Law No. 8-3, I urge the Delegation to come up with a more complete and detailed set of findings and purpose of the -- bill, and a much more precise definition of the word "loiter", to insure constitutional challenge. Sincerely, I. DE LEON GUERRERO CC: Director of Public Safety Commissioner of Public School System Community & Cultural Affairs (Youth Division) Special Assistant for Programs and Legislative Review

2 Saipan Legislative Delega tion Eighth Northern Marianas Commonwealth Legislature Third Regular Session, 1992 SXPAN LOCAL LpJnJ NO. 8-3 House Local Bill No. 8-1 A LOCAL ACT To provide for the establishment of curfew hours for minors on Saipan; and for other purposes. Offered by: Representative Diego T. Benavente Date: February 28, 1992 HOUSE ACTION Transmitted to Saipan Legislative Delegation for Action of March 26, DELEGATION ACTION PASSED: September 1, 1992 Attested by:

3 A LOCAL AC'S I! To provide for the establishment of curfew hours for minors on Saipan, and for ' 1 other purposes. I / : I /I BE IT ENACTED BY TIHE 7'11IRD SENATORIAL DISTRJCT DELEGATION PIJRSUANT I I TO CIIAITER 4 OF DIVISION 1 OFSITI,E 1 OF TIlE COMMONWEAL.'TIH CODE: Section 1. Short Title. This Act shall be known and may be cited as the "Saipan Curfew Hours for Minors Act of 1992." Section 2. Findinm and Purvose. The Legislature finds that there is presently no existing law for the establishment or the enforcement of curfew hours for minors on Saipan, and that the betterment of our community and the protection of our youth requires the establishment or such curfew hours. It is the purpose of this Act to provide for the establishment and enforcemen1 of curfew hours for minors on the island of Saipan. Section 3. Def'initions. For the purposes of this Act: (a) "Loiter" means to idle, loaf, stand idly by, or to walk, play, drive, or ride about aimlessly. (b) "Permitting" or "Permit" means to allow to be done either by consent, or by not prohibiting, or by failing to prevent, or by conceding or granting, or by giving leave, or by tolerating. (c) "Minor" means any person under the age of eighteen (1.8) years. Section 4. Hours Desimated. It shall be unlawful for any minor to loiter in or about any public streets, highways, roads, alleys, parks, public buildings, places of amusement and entertainment, restaurants, cafes and other eateries, or vacant lots and places within the island of Saipan during and between the hours of 11:OO p.m. and 5:00 a.m. Section 5. Accom~animent bv Adult. The provisions of Section 4 of this Act shall not apply to any minor who is accompanied by his parent, guardian, or other adult person having lawful custody of such minor.

4 sxpi\i xc.?j, mf NO. 8-3 i I OLISC l,o(.~l [;ill Yo. S- I Sclc.iion 0. \i~cnclanc.c:.lls~~~>c,~-\.isc.cl,\c.ii\.iiics.!'lie pl-o\ isions oi S(~c.tion 4 (;I (his 4t.i shall not ;.~ppl\ lo pithlic- ~Iicaters and places \rlierc super\.isecl cnicrr-ainmcnt or instruction ('or minors is (IOIIC~LI(.LC~. IIOC\~C\~C'~. illis es(:eplion shall appl~. on11 to minors \vho arc in attencla11c.e at such tlicatcrs or places I'or the ~ L I ~ ~ O01' Satien~ling C the enieriainnicni, super\.ised entertainment, plaj-, or instruction Lherebj, al'l'ordcd. Section 7. Direct Routins! Retween Home and Certain Activities. The provisions of' Section 4 of this Act shall not apply to any minor who is in the direct route of going to or returning from the places mentioned in Section G of this Act and his home or other place of abode. However, in the event such minor loiters or deviates r;m such route, this exception shall not apply and he provisions of Section 4 of this Act shall apply. -. Section 8. I~mnlo\~ment. I he provisions of Section 4 of' this Art shall not apply to any minor who is Inwl'uIIy employed d~lring the hours specified, or is in direct routc ol' going to or returning from his place of employment as provided in Section 7 of this Act. Section 9. assist in^ or permit tin^ Violation of Curfew Prohibited. Any person other than a minor who assists, aids, abets, permits, or encourages any minor to \riolate afiy of the provisions of this Act is guilty of a misdemeanor. Section 10. Penalties. (a) Any person not covered by subsections (b) and (c) of this Section violating the terms of this Act may be imprisoned for a period not to esceed 30 days or a fine not to esceed $200, or both. (b) Any minor violating the provisions of this Act may be given a citation or apprehended and may be lawfully detained and appropriate proceedings may be instituted ander and pursuant to the provisions of I.he juvenile cou!~ law ins sec forth in Division 5 of Title 6 of the Code of the Commonwealth of the Northern blariana Islands.

5 pcrn~ancnt or ien~porar!., ol' an!. minor \\rho sul'l'crs or perniils or lets. citlicr W~III'LIII! or ncgligentl!,, s~1c.11 niinor 10 \-iolate the pro\.isions ol' chis A(-1 shall he linccl not ~iior-c 1Ii:ln S.500. Section 11. Se\~erabilit\.. If an!, Section of this Act slioulci be dcchrcd in~nalid 11). a court of competent jurisdiction, the remainder of this Act shall not be affected lhcreby. Section 12. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. CEK'TIFIED BY: PEDRO R. DELEON GUERRERO Chairman Saipan Legislative Delegation THOMAS P.)~~LLACOMEZ Speaker House of Representatives -L Governor Commonwealth of the Northern Mariana lslancls