Council of the Cherokee Nation - File #: 22-048

• File #: 22-048
• Version: 2
• Name: CHEROKEE NATION TRESPASSING ACT
• Type: Legislative Act
• Status: Passed
• File created: 6/15/2022
• In control: TRIBAL COUNCIL
• On agenda: 6/30/2022
• Final action: 11/18/2022
• Enactment date: 11/14/2022
• Enactment #: LA-33-22
• Title: A LEGISLATIVE ACT AMENDING TITLE 21, SECTION 1835.1 AND CREATING TITLE 21, SECTION 1835.2 OF THE CHEROKEE NATION CODE ANNOTATED - RELATING TO OFFENSES AGAINST PROPERTY
• Sponsors: Mike Shambaugh, Rex Jordan, Candessa Tehee, Keith Austin, Dora Patzkowski, Joe Deere
• Indexes: Property, Trespassing
• Code sections: Title 21 - Crimes and Punishments
• Related files: CNCA-21

Date	Ver.	Action By	Action	Result
11/18/2022	2	OFFICE OF THE CHIEF	Signed
11/14/2022	2	TRIBAL COUNCIL	Approved	Pass
10/27/2022	2	RULES COMMITTEE	Approved and Forwarded to Council	Pass
9/29/2022	1	RULES COMMITTEE	Tabled	Pass
8/25/2022	1	RULES COMMITTEE	Tabled	Pass
7/11/2022	1	RULES COMMITTEE	Tabled	Pass
6/30/2022	1	RULES COMMITTEE	Tabled	Pass

Title
A LEGISLATIVE ACT AMENDING TITLE 21, SECTION 1835.1 AND CREATING TITLE 21, SECTION 1835.2 OF THE CHEROKEE NATION CODE ANNOTATED - RELATING TO OFFENSES AGAINST PROPERTY
Body
BE IT ENACTED BY THE CHEROKEE NATION:

SECTION 1. TITLE AND CODIFICATION

This Act shall be known as the "Cherokee Nation Trespassing Act" and codified under Title 21 Sections 1835.1 and 1835.2 of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

The purpose of this Act is to criminalize trespassing on tribal property after being forbidden.

SECTION 3. SUBSTANTIVE LAW

Title 21 of the Cherokee Nation Code Annotated shall be amended as follows:

? 1835.1. Entry or presence upon premises of place of business of persons convicted of certain crimes
A. Every person, partnership, corporation or other legal entity engaged in any public business, trade, or profession of any kind wherein merchandise, goods or services are offered for sale may forbid the entry or presence of any person upon the premises of the place of business, if the person has been convicted of a crime involving entry only or criminal acts occurring upon any real property owned, leased, or under the control of such person, partnership, corporation or other legal entity. Such crimes shall include, but are not limited to, shoplifting, vandalism, and disturbing the peace while upon the premises of any place of business of the person, partnership, corporation, or other legal entity.

B. In order to exercise the authority conferred by subsection (A) of this section, the owner or an agent of the owner of a public business, trade, or profession must notify the person whom the owner or agent desires to prohibit from such owner's place of business.

C. No person shall willfully enter or remain upon the premises after being expressly forbidden to do so in the manner provided for in this section. Any person convicted of violating the provisions of this section, upon conviction, shall be guilty of t...