Council of the Cherokee Nation - File #: 20-081

• File #: 20-081
• Version: 1
• Name: TITLE 21 - CRIMINAL CODE MODERNIZATION AMENDMENT OF 2020
• Type: Legislative Act
• Status: Passed
• File created: 11/4/2020
• In control: TRIBAL COUNCIL
• On agenda: 11/17/2020
• Final action: 12/16/2020
• Enactment date: 12/14/2020
• Enactment #: LA-28-20
• Title: AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
• Sponsors: Janees Taylor, Canaan Duncan , Keith Austin, Dora Patzkowski, Joe Deere, Mike Shambaugh, Victoria Vazquez, Daryl Legg
• Indexes: Crimes and Punishments, Criminal Law, Criminal Procedure
• Code sections: Title 21 - Crimes and Punishments
• Related files: CNCA-21, 21-077, 21-035, 21-036, 20-094

Date	Ver.	Action By	Action	Result
12/16/2020	1	OFFICE OF THE CHIEF	Signed
12/14/2020	1	TRIBAL COUNCIL	Approved	Pass
11/17/2020	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
AN ACT AMENDING TITLE 21 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 21 of the Cherokee Nation Code Annotated and shall be codified at Title 21 of the Cherokee Nation Code Annotated.

Section 2. Purpose



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

Section 3. Legislative History

LA-10-90 LA-32-03 LA-20-08
LA-13-91 LA-36-03 LA-22-08
LA-24-02 LA-08-06 LA-08-12
LA-25-02 LA-10-06 LA-09-12
LA-39-02 LA-18-06 LA-35-12
LA-40-02 LA-29-06 LA-10-13
LA-41-02 LA-31-06 LA-09-16
LA-42-02 LA-34-06 LA-12-18
LA-31-03 LA-09-07
Section 4. Amendments

Title 21 shall be amended as follows:

? 1. Title of code

This title shall be known and may be cited as the Penal Criminal Code of Cherokee Nation.
? 2. Criminal acts are only those prescribed-"This code" defined

No act or omission shall be deemed criminal or punishable except as prescribed or authorized by this code. The words "this code" as used in the "penal code" shall be construed to mean "Cherokee Nation Code Annotated."

? 3. Crime and public offense defined

A crime or public offense is an act or omission forbidden by law, and to which is annexed, upon conviction, any of the following punishments:

1. Imprisonment;

2. Fine;

3. Removal from office;

4. Disqualification to hold and enjoy any office of honor, trust, or profit, under this Nation;

5. Restitution;

6.

Community service; or

7. Victim compensation assessment.

? 4. Crimes classified

All crimes or offenses are classified as "crimes."divided into: 1. Felonies;
2. Misdemeanors.

? 5. Felony defined
A felony is a crime which is, or may be, punishable by imprisonment for more than one year.

? 6. Misdemeanor defined
Every other crime that is not a felony is a misdemeanor.

? 7. Objects of penal criminal code

This title specifies the classes of persons who are deemed capable of committing crimes, an...