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File #: 20-094    Version: 1 Name: THE WILMA P. MANKILLER VITIM'S RIGHTS ACT
Type: Legislative Act Status: Passed
File created: 12/3/2020 In control: TRIBAL COUNCIL
On agenda: 12/15/2020 Final action: 1/19/2021
Enactment date: 1/11/2021 Enactment #: LA-03-21
Title: AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Sponsors: Joe Deere, Canaan Duncan
Indexes: Crimes and Punishments, Victim's Rights Act , Wilma Mankiller Pearl
Code sections: Title 21 - Crimes and Punishments
Attachments: 1. LA-03-21.PDF
Related files: 20-081, CNCA-21
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 the sections referenced herein of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purposes of this Act are to establish the Wilma P. Mankiller Victim’s Rights Act.


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

Legistar File # 20-081: Pending December Council Approval

Section 4. Amendments

Title 21 shall be amended as follows:
§ 142.1. Intent of Cherokee Nation Tribal Council

It is the intent of the Cherokee Nation Council to provide a method of compensating and assisting those persons within the Nation who are victims of criminal acts and who suffer physical or psychological injury or death. To this end, it is the further intent of the Council to provide compensation in the amount of expenses actually incurred as a direct result of the criminal acts of other persons.

§§ 142.2-142.11. Reserved

§ 142.12. Authority to authorize payments

The Principal Chief shall have the authority to create any process deemed necessary through which victim compensation payments may be expended.

§§ 142.13-142.17. Reserved

§ 142.18. Victim compensation assessments

A. In addition to the imposition of any costs, penalties, or fines imposed pursuant to law, any person convicted of, pleading guilty to, or agreeing to a deferred judgment procedure for a crime involving criminally injurious conduct, be it a felony or misdemeanor offense, shall be ordered to pay a victim compensation assessment of at least Five Dollars ($5.00), but not to exceed Fifteen Thousand Dollars ($15,000...

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