Title
CHEROKEE NATION DOMESTIC VIOLENCE PREVENTION ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This Act shall be known as the "Cherokee Nation Domestic Violence Lethality Reporting Act of 2021." This Act shall amend Chapter 2 of Title 22 of the Cherokee Nation Code entitled "The Domestic Abuse Reporting Act" dealing with the Protection from Domestic Violence.
Section 2. Findings
The Cherokee Nation Tribal Council finds that all people, whether they are elders, male, female, or children of our Nation and communities are to be cherished and treated with respect. Domestic violence is not acceptable, is contrary to traditional Cherokee culture, values honoring the family, and is contrary to the interest of our Nation and sense of well-being.
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. Purpose
The purpose of this Act is to expand the Cherokee Nation Domestic Abuse Reporting Act to require a lethality assessment during the preliminary investigation of any domestic violence crime. Such assessments shall be collected into a database for use by law enforcement and prosecutors to prevent future acts of domestic violence within the Cherokee Reservation.
Section 5. Substantive Provisions
VICTIM OF RAPE, FORCIBLE SODOMY, OR DOMESTIC ABUSE
? 40. Definitions
As used in 22 CNCA ?? 40.1 through 40.5 40.6H:
1. "Domestic violence" means the occurrence of one or more of the following acts between family or household members or persons involved in a dating relationship:
a. Causing or attempting to cause physical harm;
b. Threatening another with physical harm; or
c. Violating of any other domestic violence laws of the Cherokee Nation.
2. "Family or household members" means spouses, ex-spouses, parents, children, persons otherwise related by blood, marriage, or adoption, or persons living in the same household or who formerly shared...
Click here for full text