Council of the Cherokee Nation - File #: 22-076

• 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
• Related files: CNCA-21, CNCA-22

Date	Ver.	Action By	Action	Result
10/4/2022	1	OFFICE OF THE CHIEF	Signed
9/29/2022	1	TRIBAL COUNCIL	Approved	Pass
9/29/2022	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

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...