At its meeting on January 21 and 22, 2021, the Council reviewed and discussed Council Drafts and approved drafts and portions of drafts as listed below.*
Compliance and Enforcement for Organizations
The Council approved Council Draft No. 5, which contained Chapter 4 on Compliance Risk Management and Topic 4 of Chapter 6 on Corporate Civil and Administrative Enforcement Policy, as well as new, revised, and deleted definitions relating to Chapter 4 and new material in two previously approved Sections, 6.05 and 6.06. The Council also approved the project’s new title: Principles of the Law, Compliance and Enforcement for Organizations.
The Council approved Council Draft No. 2, which included Principles 11-15 of Part II, Data Contracts; Principles 24-27 of Part III, Data Rights; Principles 28-37 of Part IV, Third-Party Aspects of Data Activities; and Principles 38-40 of Part V, Multi-State Issues.
The Council approved Council Draft No. 7, containing Chapter 7 on Administration and Enforcement of Ethics Provisions.
Intentional Torts to Persons
The Council approved the following material in Council Draft No. 7: revised § 18 on Consent to Sexual Conduct; revised §§ 39 and 42 in Chapter 3, Topic 4, Arrest and Prevention or Termination of Crime; §§ 45-46 in Topic 5, Privileges to Discipline Children; and §§ 50 (excluding Comment m) and 51 in Chapter 4, Miscellaneous Provisions. Comment m to § 50, on the relationship to avoidable consequences/mitigation of damages, will be completed when the applicable section in the Torts: Remedies project is approved. The Council also discussed §§ 35-36 on a Private Actor’s Privilege to Use Force but did not vote on the material. The Reporters will revise those Sections for consideration by the Council later this winter.
The Council approved the following material in Council Draft No. 5: §§ 1.03 and 1.09-1.11of Chapter 1 (General Principles of Sound Policing); Chapter 2 (General Principles of Searches, Seizures, and Information Gathering); Chapter 3 (Policing with Individualized Suspicion); Chapter 8 (General Principles for Ensuring the Preservation and Reliability of Evidence for the Adjudicative Process); and Chapter 13 (Agency Role in Promoting Sound Policing). There was not enough time to discuss Chapter 12 (Informants and Undercover Agents).
Sexual Assault and Related Offenses
The Council approved Section 213.8, Sexual Offenses Involving Minors, and Sections 213.11-213.11J, Sentencing and Collateral Consequences of Conviction, of Council Draft No. 11. The Council will review the Reporters’ revisions to Sections 213.11-213.11J at a Council meeting later this winter. The Council will also discuss the treatment of mens rea in Article 213 as suggested by a group of Advisers and MCG participants.
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*All approvals are subject to the discussion at the meeting and the usual editorial prerogative.