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File #: 16-048    Version: 1 Name: CN SAFE SCHOOLS ACT
Type: Legislative Act Status: Passed
File created: 3/18/2016 In control: TRIBAL COUNCIL
On agenda: 3/31/2016 Final action: 4/18/2016
Enactment date: 4/11/2016 Enactment #: LA-09-16
Title: A LEGISLATIVE ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED; RELATING TO OFFENSES AGAINST PROPERTY
Sponsors: Victoria Vazquez
Indexes: Property
Code sections: Title 21 - Crimes and Punishments
Attachments: 1. LA-09-16.PDF
Related files: CNCA-21
Title
A LEGISLATIVE ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED; RELATING TO OFFENSES AGAINST PROPERTY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION

This Act shall be known, and may be cited as, the “Cherokee Nation Safe Schools Act” and codified under Title 21, Section 1836, of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

To criminalize acts of trespass upon the grounds of schools and childcare centers administered or operated by the Cherokee Nation.

SECTION 3. TITLE 21 CNCA

Section 1836 - Trespass Upon Grounds of School or Childcare Center

A. The chief administrative officer, or their designee, of any school or childcare facility administered or operated by the Cherokee Nation shall have the authority and power to direct any person to leave the school or childcare facility who is not a student, officer or employee thereof, and who:
1. Interferes with the peaceful conduct of activities at an institution of learning;
2. Commits an act which interferes with the peaceful conduct of activities at a school or childcare facility;
3. Enters the school or childcare facility for the purpose of committing an act which may interfere with the peaceful conduct of activities at such place; or
4. Has no legal authority or legitimate purpose for being on school grounds.
B. Any person to whom this section applies, who fails to leave the school or childcare facility as directed or returns within six (6) months thereafter, without first obtaining written permission from the chief administrative officer, or their designee, shall be guilty of a misdemeanor punishable by up to a five-hundred dollar ($500.00) fine or thirty (30) days incarceration, or both.
C. “Interferes with the peaceful conduct” includes actions that directly interfere with classes, study, student or faculty safety, child or childcare provider safety, housing or parking areas, or extracurricular activities; threatening or stalking an...

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