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File #: 20-083    Version: 1 Name: CNCA TITLE 47 AMENDMENT OF 2020 - ALCOHOL AND DRUG TESTING - MOTOR VEHICLE ACCIDENT
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-30-20
Title: AN ACT AMENDING TITLE 47 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, Drug testing , Motor Vehicle
Code sections: Title 47 - Motor Vehicles
Attachments: 1. LA-30-20.PDF
Related files: CNCA-47, 20-095, 21-038
Title
AN ACT AMENDING TITLE 47 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 47 of the Cherokee Nation Code Annotated and shall be codified at Title 47, at the appropriate sections therein, of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to expand the current duty to give information during a motor vehicle accident to include information regarding drug and alcohol testing.

Section 3. Legislative History

LA-2-91 LA-25-06

Section 4. Amendments

Title 47 shall be amended as follows:

§ 10-103. Accidents involving damage to vehicle

The driver of any vehicle involved in an accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident or as close thereto as possible but shall forthwith return to and in every event shall remain at the scene of such accident until he has fulfilled the requirements of 47 CNCA § 10-
104. Every such stop shall be made without obstructing traffic more than is necessary. Any person failing to stop or comply with said requirements under such circumstances shall be guilty of a crime misdemeanor and upon conviction thereof shall be punished by a fine not to exceed Five Thousand Dollars ($5,000) or by imprisonment for not more than one (1) year, or by both such fine and imprisonment. In addition to the criminal penalties imposed by this section, any person violating the provisions of this section shall be subject to liability for damages in an amount equal to three (3) times the value of the damage caused by the accident. Said damages shall be recoverable in a civil action. Nothing in this section shall prevent a Judge from ordering
restitution for any damage caused by a driver involved in an accident provided for in this section.

§ 10-104. Duty to give information and render aid--Drug and alc...

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