header-left header-right
Share to Facebook Share to Twitter Bookmark and Share
File #: 22-076    Version: 1 Name: CN FAMILY PROTECTION AND VAWA ACT OF 2022 or SPECIAL CRIMINAL JURISDICTION ACT OF 2022
Type: Legislative Act Status: Passed
File created: 9/15/2022 In control: TRIBAL COUNCIL
On agenda: 9/29/2022 Final action: 10/4/2022
Enactment date: 9/29/2022 Enactment #: LA-31-22
Title: AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED RELATING TO THE SAFETY OF NATIVE WOMEN, CHILDREN, AND JUSTICE PERSONNEL AND EXPANDING SPECIAL TRIBAL CRIMINAL JURISDICTION
Sponsors: Candessa Tehee, Dora Patzkowski, Mike Shambaugh, Victoria Vazquez, Joe Deere, Shawn Crittenden, Joshua Sam, Rex Jordan, Daryl Legg, E. O. "JR." Smith, Melvina Shotpouch, Julia Coates, Mike Dobbins, Keith Austin, Danny Callison
Indexes: Crimes and Punishments, Criminal Law, Criminal Procedure, Violence Against Women Act
Code sections: Title 21 - Crimes and Punishments, Title 22 - Criminal Procedure
Attachments: 1. LA-31-22
Related files: CNCA-21, CNCA-22
Title
AN ACT AMENDING TITLE 22 OF THE CHEROKEE NATION CODE ANNOTATED RELATING TO THE SAFETY OF NATIVE WOMEN, CHILDREN, AND JUSTICE PERSONNEL AND EXPANDING SPECIAL TRIBAL CRIMINAL JURISDICTION
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section 1. Title and Codification

This act shall be known as the "Cherokee Nation Family Protection and Violence Against Women Act of 2022," alternatively known as the Special Criminal Jurisdiction Act of 2022, and shall amend Title 22 of the Cherokee Nation Code.

Section 2. Purpose

This Act amends the Cherokee Nation Code Annotated to provide expanded jurisdiction over non-Indians pursuant to the amended Violence Against Women Act (VAWA) of 2022 as authorized by Congress and codified at 25 U.S.C. 1304. This act expanded special tribal criminal jurisdiction over certain crimes. This act shall amend portions of Titles 21 and 22 of the Cherokee Nation Code Annotated.


Section 3. Legislative History


Section 4.

? 40. Definitions

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. violation 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 the same residence. This shall include the elderly and disabled;

3. "Dating relationship" means a person who is or has been in a social relationshioprelationship of a romantic or intimate nature with another as determined by:
a. the length of the relationship;
b. the type of relationship; and
c. the frequency of interaction between the persons involved in the rela...

Click here for full text