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File #: 21-008    Version: 1 Name: CNCA 22 AMENDMENT TO MODERNIZE THE CN CRIMINAL PROCEDURES
Type: Legislative Act Status: Reported from Committee
File created: 1/13/2021 In control: TRIBAL COUNCIL
On agenda: 1/28/2021 Final action:
Enactment date: Enactment #:
Title: AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED
Sponsors: Mike Shambaugh, Canaan Duncan , Janees Taylor, Joe Deere
Indexes: Criminal Procedure
Code sections: Title 22 - Criminal Procedure
Related files: CNCA-22
Title
AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED
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 the sections as referenced herein of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to expand and modernize the Nation’s criminal procedures.

Section 3. Legislative History

LA-10-90
LA-24-02

Section 4. Amendments

Title 22 shall be amended as follows:

§ 19. Rules of evidence

The Federal Rules of Evidence shall be used in Cherokee Nation courts in all matters of a criminal nature, unless superseded by a Cherokee Nation Rule of Evidence.

§ 305.1. Deferred Prosecution for Felonies and Misdemeanors

A. Before the filing of an information against a person accused of committing a crime, the Cherokee Nation, through the Office of the Attorney General, may agree with an accused to defer the filing of a criminal information for a period not to exceed three (3) years.

B. The Cherokee Nation may include any person in a deferred prosecution program if it is in the best interests of the accused and not contrary to the public interest. The Office of the Attorney General may consider the following factors when considering whether to include an accused in the deferred prosecution program. The factors are:

1. Whether the Cherokee Nation has sufficient evidence to achieve conviction;
2. The nature of the offense with priority given to first offenders and nonviolent crimes;
3. Any special characteristics of the accused;
4. Whether the accused will cooperate and benefit from a deferred prosecution program;
5. Whether available programs are appropriate to the accused person's needs;
6. Whether the services for the accused are more readily available from the community or from the corrections system;
7. Whether the accused constitutes a substantial danger to others;
8. The impact of the deferred...

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