Council of the Cherokee Nation - File #: 21-050

• File #: 21-050
• Version: 1
• Name: AMEND TO TITLE 47 OF MOTOR VEHICLE CODE
• Type: Legislative Act
• Status: Passed
• File created: 5/13/2021
• In control: TRIBAL COUNCIL
• On agenda: 5/27/2021
• Final action: 6/18/2021
• Enactment date: 6/14/2021
• Enactment #: LA-31-21
• Title: AN ACT AMENDING TITLE 47 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
• Sponsors: Janees Taylor, Canaan Duncan , Daryl Legg, E. O. "JR." Smith, Joe Deere, Rex Jordan, Mike Shambaugh
• Indexes: Forfeiture, Motor Vehicle
• Code sections: Title 47 - Motor Vehicles
• Related files: LA-02-91, LA-25-06, CNCA-47, 20-083, 20-095

Date	Ver.	Action By	Action	Result
6/18/2021	1	OFFICE OF THE CHIEF	Signed
6/14/2021	1	TRIBAL COUNCIL	Approved	Pass
5/27/2021	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AMENDING TITLE 47 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act amends Title 47, Chapters 11 and 79 of the Cherokee Nation Code Annotated and shall be codified at the sections referenced herein of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to modernize the Nation's motor vehicle code.

Section 3. Legislative History

LA-2-91
LA-25-06
LA-30-20
LA-02-21

Section 4. Amendments

Title 47, Chapter 11 shall be amended as follows:
? 11-902b. Motion for forfeiture

A. The Attorney General may file a motion requesting forfeiture of the motor vehicle involved in the commission of an eligible offense as provided in this section. The provisions of this section shall apply to:

1. Any person who has been previously convicted of an offense under 47 CNCA ?? 11-902, 11-902.4, 11-903, or 11-904 and who is convicted of an offense under 47 CNCA ?? 11-902, 11-903, or 11-904 of this title within ten (10) years of any prior conviction under 47 CNCA ?? 11-902, 11-902.4, 11-903, or 11-904 and where at least one of the offenses, current or prior, involved the death of or serious bodily injury to another person; or

2. Any person who has been convicted of a third or subsequent felony offense under 47 CNCA ? 11-902.

B. A motion for forfeiture may be filed at the time of charging but not later than thirty (30) days after the verdict or plea of guilty or nolo contendere. If a motion of intent to forfeit is filed prior to the verdict or plea of guilty or nolo contendere, the proceedings shall be stayed until the disposition of the criminal case. Notice shall be required even though the proceedings are stayed. If the motion is filed prior to the disposition on the criminal case, the Attorney General shall notify the Oklahoma Tax Commission or Cherokee Nation Tax Commission, depending on the source of tag issuance...