In one of several steps to address the U.S. Supreme Court McGirt ruling, the Cherokee Nation Tribal Council passed legislation Monday to update its criminal code to be made consistent with existing Oklahoma laws.

“As we celebrate the McGirt decision and our sovereignty, we must remain prepared to continue to protect public safety while addressing new legal challenges,” said Cherokee Nation Principal Chief Chuck Hoskin Jr. “Updating our criminal code will improve law enforcement on our reservation, and ensure we are ready when criminal cases are dismissed in state courts. We also want to maintain order and consistency and avoid any confusion among the public and law enforcement officers.”

Cherokee Nation Code Annotated was amended to make it a felony to commit domestic abuse against a pregnant woman, and updated the assault/battery domestic abuse laws. It divided all crimes into felonies and misdemeanors, which were both defined. For purposes of criminal prosecution, the term “Indian” was defined to include any person who is a citizen of the Cherokee Nation; anyone who is citizen of a federally recognized tribe; anyone eligible to become a member of a federally recognized tribe; and anyone who would be considered an “Indian” for the purposes of federal criminal prosecution.

The legislation implemented a uniform reporting system for submitting information relating to arrests, charges, custody records and more. It also expanded the tribe’s sentencing authority to allow the Cherokee Nation to subject a person convicted of a crime punishable by the CN’s laws to a term of imprisonment not to exceed three years for any single office, and fine not to exceed $15,000. The legislation states the tribe may impose upon a convicted person a total penalty or punishment of imprisonment for not more than nine years in a criminal proceeding.

The tribe also enhanced the statutes of limitations of crimes, and expanded information given during a motor vehicle accident to include information regarding drug and alcohol testing.

Meanwhile, in a Tuesday Executive and Finance Committee meeting, the Council voted to allocate $10 million in additional spending on law enforcement, prosecution, and for tribal courts. It will move to the full council’s consideration next month.

“This funding is necessary to ensure that the Cherokee Nation’s government is prepared to deal with the increase in criminal cases expected as a result of the McGirt decision,” said Attorney General Sara Hill. “The Cherokee Nation takes seriously its responsibility to address jurisdictional or enforcement gaps on the Cherokee Nation’s reservation, and is committed to doing so in a way that protects and preserves our hard-fought sovereignty.”

During a Rules Committee meeting Tuesday, Hill said her office will be proposing more legislation to change the tribe’s criminal code in the following months. She also discussed a case in which she said the United Keetoowah Band of Cherokee Indians has informed the National Indian Gaming Commission it intends to begin gaming in facilities within the boundaries of the Cherokee Nation’s reservation.

“In those filings, the UKB asserts it has legal jurisdiction over the Cherokee reservation,” said Hill. “That legal position is not supported by fact or law, but the Cherokee Nation must defend its sovereignty, and we will do so.”

Among other items passed during the Monday Tribal Council meeting, Pam Sellers was reappointed as the Cherokee Nation Election Board commissioner and sworn in.

The council passed a resolution authorizing the CN Environmental Programs Clean Air Program to donated a surplus portable building to Kaw Nation.

“In light of the McGirt case,” a waiver of of sovereign immunity was approved to allow the tribe to contract with a juvenile detention facility operated by Sac and Fox Nation.

What's next

The next Cherokee Nation Tribal Council meeting is Jan. 11, at 6 p.m. All Cherokee Nation meetings can be viewed on the tribe’s YouTube page.

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