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File #: 21-037    Version: 1 Name: CNCA 22 AMEND TO EXPAND DOMESTIC ABUSE REPORTING
Type: Legislative Act Status: Passed
File created: 4/12/2021 In control: TRIBAL COUNCIL
On agenda: 4/29/2021 Final action: 5/20/2021
Enactment date: 5/17/2021 Enactment #: LA-20-21
Title: AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
Sponsors: Keith Austin, Joe Deere, Janees Taylor, Victoria Vazquez, Mike Shambaugh
Indexes: Criminal Procedure, domestic violence
Code sections: Title 22 - Criminal Procedure
Attachments: 1. LA-20-21.PDF
Related files: 21-008
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 60.1 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to expand the Domestic Abuse Reporting Act to provide greater protection against domestic violence within the Cherokee Nation.

Section 3. Legislative History

LA-10-90 LA-04-91
LA-24-02
LA-33-03
LA-28-06
LA-31-06
LA-12-18
LA-29-20
LA-08-21


Section 4. Amendments

Title 22 shall be amended as follows:

? 60.1. Definitions

As used in this act and in the Domestic Abuse Reporting Act:

1. "Dating relationship" means an intimate association, a courtship, or an engagement relationship. Such relationships may be commonly characterized by affectionate or sexual involvement. For purposes of this act, a casual acquaintance or ordinary fraternization between persons in a business or social context shall not constitute a dating relationship;

2. ''Domestic abuse'' means any act of physical harm, or the threat of imminent physical harm which is committed by an adult, emancipated minor, or minor child thirteen (13) years of age or older against another adult, emancipated minor or minor child who is currently or was previously an intimate partner or family or household member;

a. causing or attempting to cause serious physical harm; or

b. threatening another with imminent serious physical harm; and

c. includes but is not limited to: Assault, as defined by 21 CNCA ? 641; battery, as defined by 21 CNCA ? 642; rape, as defined by 21 CNCA ? 1111; and aggravated assault and battery, pursuant to 21 CNCA ? 646.

3. ''Family or household members'' means
a. parents, including grandparents, stepparents, adoptive parents and foster parents,

b. children, including grandchildren, stepchildren, adopted ...

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