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File #: 12-012    Version: 1 Name: Cherokee Nation Sex Offender Registration and Notification Act Amendment of 2012
Type: Legislative Act Status: Passed
File created: 1/11/2012 In control: TRIBAL COUNCIL
On agenda: 2/23/2012 Final action: 2/23/2012
Enactment date: 2/23/2012 Enactment #: LA-08-12
Title: AN ACT AMENDING TITLE 63 OF THE CHEROKEE NATION CODE ANNOTATED, AMENDING LEGISLATIVE ACT 22-08 RELATING TO SEX OFFENDER REGISTRATION AND NOTIFICATION AND DECLARING AN EMERGENCY
Sponsors: Cara Cowan Watts
Indexes: Sex Offender Registration
Code sections: Title 63 - Public Health and Safety
Attachments: 1. LA-08-12
Related files: 08-063
Title
AN ACT AMENDING TITLE 63 OF THE CHEROKEE NATION CODE ANNOTATED, AMENDING LEGISLATIVE ACT 22-08 RELATING TO SEX OFFENDER REGISTRATION AND NOTIFICATION AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. § 1001. Title and Codification

This act shall be known as the Cherokee Nation Sex Offender Registration and Notification Act and codified as Sections 1001 et seq. of Title 63of the Cherokee Nation Code Annotated.

Section 3. § 1002. Purpose; Findings; and Legislative Intent.

1. The Council finds that repeat sex offenders, sexual offenders who use physical violence or duress, and sex offenders who prey on children, the elderly, and the mentally impaired are sex offenders who present an extreme threat to the public safety and pose a high risk of re-offending after release from custody. The Council further finds that the privacy interest of persons adjudicated guilty of these crimes is less important than the Nation's compelling interest in public safety. Sex offenders are extremely likely to use physical violence and to repeat their offenses, and most sex offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sex offender victimization to society at large, while incalculable, extremely high. The Council also finds that federal crime statistics show that one out of every three Native American women is raped in her lifetime. Moreover, Native American women experience 7 sexual assaults per 1,000, compared with 4 per 1,000 among Blacks, 3 per 1,000 among Caucasians, 2 per 1,000 among Hispanics, and 1 per 1,000 among Asian-American women.

2. The high level of threat that a sex offender presents to the public safety, and the long-term effects suffered by victims of sex offenses, provide the Nation with sufficient justification to implement a strategy that includes:

a. Requiring the registration of ...

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