Council of the Cherokee Nation - File #: 21-066

• File #: 21-066
• Version: 1
• Name: The Trademark Anti-Counterfeiting Act
• Type: Legislative Act
• Status: Passed
• File created: 6/30/2021
• In control: TRIBAL COUNCIL
• On agenda: 7/13/2021
• Final action: 8/12/2021
• Enactment date: 8/9/2021
• Enactment #: LA-36-21
• Title: AN ACT AMENDING TITLE 21 OF THE CHEROKEE NATION CODE ANNOTATED AND DECLARING AN EMERGENCY
• Sponsors: Canaan Duncan , Victoria Vazquez, Daryl Legg, E. O. "JR." Smith, Rex Jordan, Mike Shambaugh, Keith Austin
• Indexes: Criminal Law, Criminal Procedure, Trademark Anti-Counterfeiting Act
• Code sections: Title 21 - Crimes and Punishments
• Related files: CNCA-21

Date	Ver.	Action By	Action	Result
8/12/2021	1	OFFICE OF THE CHIEF	Signed
8/9/2021	1	TRIBAL COUNCIL	Approved	Pass
7/13/2021	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

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 purpose of this Act is to further modernize the Nation's criminal code and establish the Trademark Anti-Counterfeiting Act.

Section 3. Legislative History

LA-10-90 LA-32-03 LA-20-08 LA-03-21
LA-13-91 LA-36-03 LA-22-08 LA-07-21
LA-24-02 LA-08-06 LA-08-12 LA-18-21
LA-25-02 LA-10-06 LA-09-12 LA-19-21
LA-39-02 LA-18-06 LA-35-12 LA-29-21
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 LA-28-20

Section 4. Amendments

Title 21, Chapter 12 shall be amended as follows:

? 444. Escape or attempt to escape from arrest or detention

A. It is unlawful for any person, after being lawfully arrested or detained by a peace officer, to escape or attempt to escape from such peace officer.

B. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a misdemeanor offense shall be guilty of a misdemeanor.

C. Any person who escapes or attempts to escape after being lawfully arrested or detained for custody for a felony offense shall be guilty of a felony.

D. It is unlawful for any person admitted to bail or released on recognizance, bond, or undertaking for appearance before any court of the Cherokee Nation, and required as a condition of such release from detention to wear any electronic monitoring device on the body of the person to remove such device without authorization from the court. For purposes of this subsection, any person charged with a misdemeanor offense who removes such device without authorization from the court shall be guilty of a misdemeanor and any person charged with a felony offen...