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File #: 21-067    Version: 1 Name: N/A
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-37-21
Title: AN ACT AMENDING TITLE 57 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
Code sections: Title 57 - Prisons and Reformatories
Attachments: 1. LA-37-21.PDF
Title
AN ACT AMENDING TITLE 57 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 57 of the Cherokee Nation Code Annotated and shall be codified at Title 57, Section 21 of the Cherokee Nation Code Annotated.

Section 2. Purpose

The purpose of this Act is to ban possession of contraband in jails and penal institutions within the Cherokee Nation.

Section 3. Legislative History

LA-22-08 LA-08-12

Section 4. Amendments

Title 57 shall be amended as follows:

TITLE 57
CHAPTER 2
GENERAL PROVISIONS
?? 18-20. Reserved

? 21. Bringing or Possessing Contraband in Jail or Penal Institution- Penalties
A. Any person who, without authority, brings into or has in their possession in any jail, penal institution, or other place where prisoners are located, any gun, knife, bomb or other dangerous instrument, any controlled dangerous substance as defined in Section 2101 et seq. of Title 21 of this code, any intoxicating beverage or low-point beer, or money, or financial documents for a person other than the inmate or a spouse of the inmate, shall be guilty of a felony and, upon conviction, shall be punished by a term of imprisonment not to exceed (3) years, or by a fine of not less than One Hundred Dollars ($100.00) nor more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment.
B. If an inmate is found to be in possession of any item prohibited by this section, upon conviction, such inmate shall be guilty of a felony and shall be punished by a term of imprisonment not to exceed three (3) years.
C Any person who, without authority, brings into or has in their possession in any jail, penal institution, or other place where prisoners are located, cigarettes, cigars, snuff, chewing tobacco or any other form of tobacco product shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment not to exceed one (1) year, or ...

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