Council of the Cherokee Nation - File #: 20-082

• File #: 20-082
• Version: 1
• Name: CNCA TITLE 22 EXPANSION OF STATUTES OF LIMITATIONS OF CRIMES AMENDMENT OF 2020
• Type: Legislative Act
• Status: Passed
• File created: 11/5/2020
• In control: TRIBAL COUNCIL
• On agenda: 11/17/2020
• Final action: 12/16/2020
• Enactment date: 12/14/2020
• Enactment #: LA-29-20
• Title: AN ACT AMENDING TITLE 22 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: Criminal Procedure, Statutes of Limitations
• Code sections: Title 22 - Criminal Procedure
• Related files: CNCA-22, 21-049, 21-114

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 22 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 22 of the Cherokee Nation Code Annotated and shall be codified at Title 22, Section 151 through Section 155 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to expand the current statutes of limitations applicable to crimes occurring within the Nation to ensure that justice may be sought.

Section 3. Legislative History

LA-10-90 LA-24-02

Section 4. Amendments

Title 22 shall be amended as follows:

§ 151. No limitation of prosecution for murderLimitations on actions for criminal violations

A. A prosecution for the following crimes may be commenced at any time: 1. Murder in the first or second degree;
2. manslaughter
3. rape;
4. forcible sodomy;
5. sexual abuse;
6. sexual abuse of a minor; 7. incest;
8. burglary;
9. robbery;
10. child molestation;
11. kidnapping;
12. arson;
13. conspiracy; and
14. forgery.

B. Prosecutions for the crimes of bribery, embezzlement of public money, bonds, securities, assets, or property of the Cherokee Nation or other subdivision thereof, or if any misappropriation of public money, bonds, securities, assets, or property of the Cherokee Nation or other subdivision thereof, falsification of public records of the Cherokee Nation or other subdivision thereof, and conspiracy to defraud the Cherokee Nation or other subdivision thereof in any manner or for any purpose shall be commenced within ten (10) years after the discovery of the crime.

C. Except as otherwise provided in this section, prosecution for a crime or a felony other than those crimes enumerated in this section is barred if not commenced within ten (10) years after the crime is committed.

D. Prosecutions for sodomy, lewd or indecent proposals or acts against children, and the involvement of minors in pornography shall be commenced within te...