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File #: 21-114    Version: Name: CN DOMESTIC VIOLENCE LETHALITY REPORTING ACT OF 2021
Type: Legislative Act Status: Passed
File created: 11/2/2021 In control: TRIBAL COUNCIL
On agenda: 11/15/2021 Final action: 12/16/2021
Enactment date: 12/13/2021 Enactment #: LA-52-21
Title: CHEROKEE NATION DOMESTIC VIOLENCE PREVENTION ACT
Sponsors: Candessa Tehee, Victoria Vazquez
Indexes: domestic violence , Lethality Reporting, Prevention
Code sections: Title 22 - Criminal Procedure
Attachments: 1. LA-52-21.PDF
Related files: 21-008, 20-082, CNCA-22, 18-026
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...

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