Council of the Cherokee Nation - File #: 13-035

• File #: 13-035
• Version: 1
• Name: TRIBAL LAW AND ORDER ACT UPDATE OF 2013
• Type: Legislative Act
• Status: Passed
• File created: 1/16/2013
• In control: TRIBAL COUNCIL
• On agenda: 3/11/2013
• Final action: 3/11/2013
• Enactment date: 3/11/2013
• Enactment #: LA-10-13
• Title: AN ACT RELATING TO THE SENTENCING OF CRIMINALS WITHIN THE CHEROKEE NATION
• Sponsors: Chuck Hoskin Jr. , Tina Glory Jordan, Don Garvin, Meredith Frailey, Lee Keener Jr., Curtis Snell, Frankie Hargis
• Indexes: Tribal Law and Order
• Code sections: Title 21 - Crimes and Punishments, Title 47 - Motor Vehicles, Title 51 - Officers and Employees
• Related files: CNCA-51, CNCA-47, CNCA-21

Date	Ver.	Action By	Action	Result
3/14/2013	1	OFFICE OF THE CHIEF	Signed
3/11/2013	1	TRIBAL COUNCIL	Approved	Pass
2/28/2013	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT RELATING TO THE SENTENCING OF CRIMINALS WITHIN THE CHEROKEE NATION
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section (code section) 1. Title and Codification

Example: This act shall be known as the Tribal Law and Order Act Update and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is enhance the penalties for certain crimes, pursuant to the increased sentencing authority granted under the Tribal Law and Order Act of 2012. This act, known as the Tribal Law and Order Act Update of 2012 , shall amend portions of Titles 21, 47 and 51 of the Cherokee Nation Code Annotated.

Section 3. Legislative History

Title 21 § 10
Title 21 § 650.4
Title 21 §1280
Title 21 §1031
Title 21 §1086
Title 21 §1190(E)
Title 21 §1276
Title 21 §1280
Title 21 §1289.15
Title 21 §1304
Title 21 §1503
Title 21 § 1533
Title 21 §1692
Title 21 §1704
Title 21 §1706
Title 21 §1761.1
Title 21 §1790
Title 21 §1131
Title 21 §1133
Title 47 §11-901
Title 47 §11-902
Title 63 §2-401
Title 63 §2-411


Section 4. Definitions

For purposes of this Title:

Section 5.

Title 21 §67, shall be added as follows:

§ 67. Sentence-Transfer to Bureau of Prisons

The District Court, upon the the request of of the Marshal or the Attorney General, may refer any person sentenced to a term of imprisonment in the Nation to the Bureau of Prisons for transfer of the inmate to the nearest appropriate and available Bureau of Prisons facility.

Title 21 §10, shall be amended as follows:

§ 10. Punishment of crimes

Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a crime is punishable by the maximum punishment provided for by the Indian Civil Rights Act, 25 U.S.C. 1302(7). The court may not impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year or...