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File #: 18-026    Version: Name: VIOLENCE AGAINST WOMEN ACT (VAWA) OF 2018
Type: Legislative Act Status: Passed
File created: 3/15/2018 In control: TRIBAL COUNCIL
On agenda: 3/29/2018 Final action: 5/17/2018
Enactment date: 5/14/2018 Enactment #: LA-12-18
Title: AN ACT AMENDING TITLE 21 AND TITLE 22 OF THE CHEROKEE CODE ANNOTATED RELATING TO THE SAFETY FOR NATIVE AMERICAN WOMEN AND CREATING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION OVER NON-INDIAN DEFENDANTS
Sponsors: Joe Byrd, Frankie Hargis , Rex Jordan, Buel Anglen, Keith Austin, Harley Buzzard, Shawn Crittenden, Mike Dobbins, Dick Lay, Mike Shambaugh, Mary Baker Shaw, E. O. "JR." Smith, Janees Taylor, David Walkingstick, Victoria Vazquez, Bryan Warner
Indexes: Violence Against Women Act
Code sections: Title 21 - Crimes and Punishments, Title 22 - Criminal Procedure
Attachments: 1. LA-12-18.PDF
Related files: CNCA-22, CNCA-21, 21-077, 21-049, 21-114, 21-120
Title
AN ACT AMENDING TITLE 21 AND TITLE 22 OF THE CHEROKEE CODE ANNOTATED RELATING TO THE SAFETY FOR NATIVE AMERICAN WOMEN AND CREATING SPECIAL DOMESTIC VIOLENCE CRIMINAL JURISDICTION OVER NON-INDIAN DEFENDANTS
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BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the Violence Against Women Act (VAWA) of 2018 and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to recognize domestic violence as serious crime against society and the Cherokee Nation and to provide victims of domestic violence the maximum protection from further violence. It is the intent of the Council of the Cherokee Nation that the official response to domestic violence shall be that the Nation will not tolerate or excuse violent behavior under any circumstances. All people, whether they are elders, male, female, or children of our Nation and communities are to be cherished and treated with respect. Domestic violence is not acceptable and is contrary to traditional Cherokee culture and values honoring the family and is contrary to the interest of our Nation and sense of well-being. Domestic violence will not be tolerated.

The Tribal Council recognizes that according to a recent United States Department of Justice study, that more than half (55%) of Native women have experienced physical violence by an intimate partner in their lifetimes and 90% of these victims report being victimized by a non-Indian perpetrator. Overall, Native women are five times as likely as non-Hispanic white women to have experienced physical violence by an inter-racial intimate partner. In Oklahoma, according to statistics from the U.S. Census Bureau, the average percentage of non-Indians living within the jurisdiction of the Cherokee Nation is approximately 82%.

A community response to domestic violence is necessary because domestic violence crimes impact...

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