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File #: 22-048    Version: 1 Name: CHEROKEE NATION TRESPASSING ACT
Type: Legislative Act Status: Tabled in Committee
File created: 6/15/2022 In control: TRIBAL COUNCIL
On agenda: 6/30/2022 Final action:
Enactment date: Enactment #:
Title: A LEGISLATIVE ACT 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
Title
A LEGISLATIVE ACT 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 Section 1835.2 of the Cherokee Nation Code Annotated (CNCA).

SECTION 2. PURPOSE

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

SECTION 3. SUBSTANTIVE LAW

Title 21 of the Cherokee Nation Code Annotated shall be add the following new section:

CHAPTER 70

SECTION 1835.2

Criminal Trespass on tribal property after being forbidden

A. No person shall willfully enter or remain upon the premises, including buildings, grounds, parking lots, roads and walkways of any property owned, administered or operated by the Cherokee Nation or any of its subsidiaries or component units ("the property") after having been forbidden, banned or excluded.

(1) Whenever possible, the person excluded or banned shall be notified orally and in writing. The No Trespass Notice or Notice of Exclusion shall contain the following (1) the reason for the banishment or exclusion, (2) the commencement of the banishment or exclusion and (3) the duration of the banishment or exclusion.

(a) When the person sought to be banned or excluded is present at the time the banishment or exclusion is issued he/she shall sign an acknowledgment of the No Trespass Notice or Notice of Exclusion. In the event the person refuses to sign the No Trespass Notice or Notice of Exclusion, the person/entity issuing the banishment or exclusion shall note on the No Trespass Notice or Notice of Exclusion the person refused to sign.

(b) When the person sought to be banned or excluded is not present on the property at the time the banishment or exclusion is issued, a No Trespass Notice or Notice of Exclusion shall be mailed by certified mail to ...

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