GLASSIFICATION: #14. CRIIUIES AND PUNISHMENTS

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NCA {6-038

GLASSIFICATION: #14. CRIIUIES AND PUNISHMENTS

A LAW OF THE MUSCOGEE (CREEK) NATTON AiTENDTNG MCNCA T|TLE 6,

CHAPTER 3 ENTITLED "PROTECTION FROM DOMESTIC AND FAMILY VIOLENCE

ACT" AND AMENDTNG MCNCA TTTLE 27 S1-102 AND 52-1{1 AND APPENDTX I

RULE 13 ENTITLED "SELECTION OF JURORS" AND AMENDING MCNCA TITLE 14

CHAPTER 1 AND CHAPTER 2

Be it Enacted by the National Councit of the llluscogee (Creek) Nation:

SECTION

ONE. FINDINGS. The National Gouncil finds that:

The Muscogee (Creek) Nation has taken a strong stand against domestic,

dating and family violence.

On March 7, 2013, the President of the United States signed the Violence

Against Women Reauthorization Act of 2013 (VAWA) returning to the tribes a portion of

their authority over the criminal acts of Non-Native Americans as they pertain to

domestic, dating, and family violence.

In preparation for the enactment of VAWA, the Muscogee (Creek) Nation

has, for the last two years, participated in the VAWA pilot project working along side of

other tribes to address issues that may effect implementation.

By updating these code provisions, the Nation will be able to move

with

forward

the enforcement and prosecution of crimes of domestic, dating and family

violence committed by non-Native offenders.

SECTION TWO. AMENDMENT. This amendment shall be codified in Title 6,

Chapter 3 of the Code of Laws of the Muscogee (Creek) Nation; provided.that for

purposes of codification said amendment and its inclusion in pocket parts of the Code of

Laws of the Muscogee (Creek) Nation, the Attorney General is hereby authorized: (1) to

approve any changes related to the manner in which sections, articles, chapters and

sub-chapters are designated consistent with the format in the Code of Laws published

in 2010 by West Publishing Company; (2) to include footnoted references to the

legislative history in said pocket parts to the Code of Laws and; (3) to note in said

pocket parts any editorial correction of minor clerical or grammatical errors in the

following amendment, without further National Council approval:

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NCA {6-038

SECTION THREE. AilIENDIUIENT. The following sub-chapters and sub-sections of

MCNCA Title 6, Chapter 3, are hereby amended to read as follows:

TITLE 6. CHILDREN AND FAMILY RELATIONS

CHAPTER 3. PROTECTION FROM DOMESTIC AND FAMILY VIOLENCE ACT

SUBCHAPTER 1. GENERAL PROVISIONS

3-101. Title

This Chapter shall be entitled the Protection from Domestic and Family Violence Act.

3-102. Purpose and Findings

Vhakv hoccvt ehdwv enyekcetv cuko humecvlke empvtakv ton kv, momen cuko

hvmecvlke nak herekvt ocvt, vhakv yvt homv enhuere ton tos. Vhakv roputten momen

vhakv yekcen vlatet mvhayet, ton tos. Okhatvlakut, ) / vhakv hoccvt nak herekvt

eskenetv tonkv. Momen, vhakv yekcet este hvlattepice toye hocce ton tos. Cuko

hvmecvlke humv enhueM, mvt etvlwv, momen enhorkv yvt etvlwv vhakv yekcen,

hvlattepice taye ton. Yv etvlwv menhorkv nvk herekvt, etvlwv, sewikeko hocce ton tos.

Mvskoke etvlwv cuko hvmecvlke vcvfeknetv, momen vketecet lapken komet mvnice ton

tos.

Mvskoke etvlwv vhakv hocicvt nak herekot, cuko hvmecvlke homv hueM, vhakv kacv.

Vhaka yekcen vlatet, mon mehoco yvt etvlwv menhockv tos, makes. Mvskoke etvlwv

cuko hvmecvlke cvfeknet vpoket, nak etvlwv emvyeM, vnokecet vpoke tvye hocce ton

tos.

Purpose. The Purpose of this Chapter is to recognize that the strengfrh of

the Nation is founded on the healthy families, and that the safety of victims of domestic,

dating and family violence must be ensured by the immediate intervention of advocacy,

law enforcement, prosecution, education, treatment, and other appropriate seMces.

Furthermore, the pupose of this Chapter is to recognize domestic violence, dating

violence and family violence as serious crimes against society, the Nation, and the

family, and to offer victims the maximum protection fiom further violence that the law

can provide. lt is the expectation that the criminaljustice system respond to victims with

faimess, compassion, and in a prompt and effective manner.

It is the intent of the Muscogee (Creek) Nation that the officiat response to domestic,

dating and family violence shall stress the enforcement of laws to protect the victim and

to hold the perpetrator accountable, which will in tum communicate the Nation's cultural

values and belief system that violent behavior against intimate partners or family

members is criminal behavior and will not be excused or tolerated. The Nation

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NCA {Ht38

promotes safety and healing of families, cultural teachings and traditional tribal values

so as to nurture non-violence and respect within families and relationships.

This chapter shall be interpreted and applied to give it to the broadest possible scope to

carry out these purposes.

B. Findings. lt is the intent of the Muscogee (Creek) Nation that the official

response to domestic, dating and family violence shall be that the Nation will not

tolerate or excuse vblent behavior under any circumstances. All people, whether they

are elders, male, female or children of the Nation, are to be cherished and treated with

respect.

Domestic, dating and family violence are not acceptable and are contrary to the

traditional culture and values of honoring the family and are contrary to the interest of

our community and sense of well-being and growth. Domestic, dating and family

violence will not be tolerated.

The Nation finds that domestic, dating and family violence imperils the very subsistence

of the tribal community. The Nation recognizes the United States Department of Justice

finding that approximately 39% of Native women are subjected to domestic violence in

their lifetime. Additionally, one in three Native women are sexually assaulted in their

lifetime and nearly 860/o of reported assaults on Native vromen are committed by nonNative men. A community response to domestic, dating and family violence is

neoessary because these crimes impact the health, safety and welfare of the

community as a whole. These crimes redirect tribal resources, whether to personnel,

financial, public safefi or elsewhere and require an immediate response. As a result of

this impact on the Nation's resources, the Nation deems it necessary to address

domestic, dating and family violence to the fullest extent permitted by laws existing now

or as may be adopted or amended in the future.

The Nation recognizes that there is a distinction between domestic or dating violence

and family member violence. Domestic or dating violence involves an intimate partner

relationship where dynamics of power and contrcl are often overwhelmingly present in

the action. Family violence is committed against all other family or household members.

Both are reprchensible actions that require specialized recognition with enhanced

provisions over what might be otherwise available to victims of crimes, or remedies

available in civil actions.

3-103. Definitions

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lrGA {G038

The following words and phrases when used in this chapter shall, for the purposes of

this chapter, have the meanings respectively ascribed to them in this section, except

where the context otherwise requires:

'Altemative method" means a method by which a child witness testifies

which does not include all of the following:

having the child testify in person in an open forum;

having the child testify in the presenoe and full view of the finder of

fact and Judge; and

allowing all of the parties to be present, to participate, and to view

and be viewed by the child.

"Crimes involving domestic or family violence" are as defined in Title 6, S3-

301.

"Criminal proceeding" means a tria! or hearing before a court in the

prosecution of a person charged with violating a criminal law of the Nation or in a

juvenile delinquency prooeeding involving conduct that if engaged in by an adult would

constitute a violation of a criminal law of the Nation.

D. "Crossdeputization agreement" means an agreement between the Nation,

the Bureau of lndian Affairs (BlA) and/or any city, county or state govemmental entity,

by which the Lighthorse Police are authorized to act as law enforcement officerc to

enforce the law of such other govemmental entity with regard to crimes arising in the

Muscogee (Creek) Nation tenitorial jurisdiction that are subject to that entity's criminal

jurisdiction as described in Title 6, S 3-202, and by which such other govemmental

entity's law enforcement officers are authorized to enforce the law of the Muscogee

(Creek) Nation and/or federal law with regard to crimes arising in the Muscogee (Creek)

Nation tenitorial jurisdiction that are subject to Muscogee (Creek) Nation jurisdiction or

federaljurisdiction as described in Title 6, S 3-302.

"Dating Viotence" means crimes under $ 3-301 of this subchapter

committed by a person who is or has been in a social relationship of a romantic or

intimate nature with the victim characterized by the expectation of affectional

involvement and shall be adjudged by the District Court upon consideration of factors

such as the length of time of the relationship, the type of relationship, the frequency of

interaction between the parties and if the relationship has been terminated by either

party, and the length of time since the termination of the relationship. This term does

not include a casual relationship or an odinary fratemization between two individuals in

a business or social context. Provided that a 'Tirst date" shall not automatically be

excluded provided that other characteristics of a social relationship of a romantic or

intimate nature are present.

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l{CA r6-O3E

"Domestic Violence" means crimes under S 3-301 of this subchapter

committed by a cunent or former spouse or intimate partner of the victim, by a person

with whom the victim shares a child in common, by a person ufio is cohabitating with or

has cohabitated with the victim as a spouse or intimate partner, or by a person similarly

situated to a spouse of the victim.

"Family or household Members" means:

Persons who are or have been related by blood, marriage or

adoption;

Minor children who are part of the household; or

Persons who reside or have resided together in the past who have

never been intimate partners.

"Family Violence" means the same or similar acts committed in Domestic

Violence, but directed towards a Family or Household member instead of an intimate

partner.

"Foreign protection ordef means a protection order issued by any issuing

court except the Muscogee (Creek) Nation District Court.

"Harassment" means a knowing and willful course or pattem of conduct by

an adult, emancipated minor, or minor thirteen (13) years of age or older, directed at a

specific person which seriously harms or annoys the person, and which serves no

legitimate purpose. The course of conduct shall be such as would cause a reasonable

persion to suffer emotional distress, and shall actually cause substantial distress to the

person. "Harassment" shall include, but not be limited to, harassing or obscene

telephone calls.

'lndian" means a person who is a member of the Muscogee (Creek)

Nation; or a person who is a member of any other federally recognized lndian Tribe,

including Native Hawaiians and Alaska Natives; or a person who possesses a

Certificate of Degree of lndian Blood; or a person who under oath confirms to the

District Court that he/she is lndian.

"lssuing Courf' means a court that has issued a protection order, and

includes a court of any Tribe, the United States, a state of the United States, the District

of Columbia, or a commonwealth, tenitory, or possession of the United States,= or any

foreign court which has adequate due prclcess protection.

"Lighthorse Police" means law enforcement officers of the Muscogee

(Creek) Nation.

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NCA IH'38

N. "Mandatory Anest" means that a police officer shall anest if there is

probable cause to believe the person to be anested has committed an offense as

defined by this Chapter even though the anest may be against the expressed wishes of

the victim.

"Noncriminal proceeding" means a trial or hearing before a court, other

than a criminal proceeding.

"Other authorized law enforcement officed' means, for purposes of this

Act, any federal, city, county, or state law enforcement officer who is authorized to

enforce a Muscogee (Creek) Nation law or federal law under authority of a commission

received pursuant to a Cross-Deputization Agreement as defined in subsection B of this

section.

O. "Perpetrato/' means the person alleged to have committed an act of

dating, domestic or family violence. The perpetrator may also be refened to as a

"defendant" in a criminal case or "respondenf in a civil case.

"Prosecutof shall mean the Prosecutor of the Muscogee (Creek) Nation

charged with the duty of enforcing the criminal laws of the Nation.

"Protection Orde/' means any injunction, restraining order or other order

issued by a civil or criminal court for the purpose of preventing violent or threatening

acts or harassment against, sexual violence against, contact or communication with, or

physical proximity to another person and/or their domesticated animals and includes

any temporary or final order issued by a civil or criminal court, whether obtained by filing

an independent action or as a pendent lite order in another proceeding, if the civil or

criminal order was issued in response to a complaint, petition, or motion filed by, or on

behalf of a person seeking protection

"Spouse or intimate partnef includes: (1Xa) a spouse or former spouse,

persons who share a child in common, and persons who cohabit or have cohabited as a

spouse; or (b) persions who are or have been in a social relationship of a romantic or

intimate nature, as determined by the length of the relationship, the type of relationship,

and the frequency of interaction between the persons involved in the relationship; and

(2) any other person similarly situated to a spouse who is protected by the domestic or

family violence laws of the State or tribal jurisdiction in which the injury occuned or

where the victim resides.

"Stalking" means the willful, malicious, and repeated following of a

person by an adult, emancipated minor, or minor thirteen (13) years of age or older, with

the intent of placing the penson in reasonable fear of death or great bodily injury.

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NGA 16.038

"Tenitorial jurisdiction" means the Muscogee (Creek) Nation tenitorial

jurisdiction as defined by the Judicial Code of the Muscogee (Creek) Nation in Title 27

of the code of laws of the Muscogee (Creek) Nation.

'Violation of protection ordef means: (1) any violation within the

Muscogee (Creek) Nation tenitorial jurisdiction of a protection order issued by the

District Court; and (2) where applicable, any violation within the Muscogee (Creek)

Nation tenitorialjurisdiction of a foreign protection order.

3-104.

lmmunity

Any law enforcement officer shall have immunity from any liability, civil or criminal, in

making anests or exercising any authority granted under this Code, if the law

enforcement officer acts in good faith and has probable cause based on the totality of

the circumstances so as to provide protection for victims of domestic violence. Law

enforcement officerc shall have the same immunity with respect to participation in any

court proceedings resulting from anests made for domestic violence or any crimes

involving domestic violence.

No judge, Lighthorse Police or other authorized law enforcement officer, court

employee, Attomey General, Assistant Attomey General, Prosecutor, Assistant

Prosecutor or other Tribal govemment official who takes, or refrains from taking, any

action to enforce a protection order can be sued in a civil suit or prosecuted in a criminal

action. Nothing herein shall imply an absence of immunity for any other purpose. The

Nation and all its officials, employees, and agents retain all available immunity in a!!

settings, unless specifically and explicitly waived by law duly enacted by the National

Council of the Muscogee (Creek) Nation.

SUBCHAPTER 2. SPECIAL EVIDENTIARY RULES

s 3-201.

Expert Testimony

Notwithstanding the provisions of any other evidentiary rules, in a civil or criminal action

in the District Court, if a party offers evidence of a domestic, dating, or family violence,

the testimony of an expert witness conceming the effects of such violence on the

beliefs, behaviors and perception of the person being abused shall be admissible as

evidence.

3-202.

Spousal privileges inapplicable in criminal proceedings related to crimes

involving domestic or family violence

Notwithstanding the provisions of any other evidentiary rules, the following evidentiary

privileges do not apply in any criminal proceeding in which a spouse or other family or

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NCA t&03E

household member is the victim of a crime involving domestic or family violence

perpetrated by the other spouse: the privilege of confidential communication between

spouses and the testimonial privilege of spouses.

3-203. Advocate-victim privilege

A. Prevention of disclosure. Except as othenryise provided in subsection B

and Title 6, S 3-503, a victim of a crime involving domestic, dating, or family violence

may refuse to disclose, and may prevent an advocate as defined in subsection B of Title

6, 53-501 from disclosing, confidential oral communication between the victim and the

advocate and written records and reports @nceming the victim of the privilege claimed

by:

The victim; or

The percon who was the advocate at the time of the confidential

communication, except that the advocate may not claim the privilege if

there is no victim in existence or if the privilege has been waived by the

victim.

Mandatory reporting requirements. The privilege does not relieve a

person from any duty imposed pursuant to any law of the Muscogee (Creek) Nation

conceming mandatory reporting of child abuse or neglect. A person may not claim the

privilege when providing evidence in proceedings conceming child abuse pursuant to

any such law.

S 3-204. Child witness testimony by altemative methods

The following shall apply to child witness testimony by altemative

methods:

Hearing whether to allow testimony by altemative method 1. The

Judge in a criminal or noncriminal proceeding may order a hearing

to determine whether to allow a child witness to testify by an

altemative method. The Judge, for good cause shown, shall order

the hearing upon motion of a party, a child witness, or an individual

determined by the Judge to have sufficient standing to act on behalf

of the child.

A hearing to determine ufrether to allow a child witness to testify by

an altemative method must be conducted on the recod after

reasonable notice to all parties, any nonpafi movant, and any

other person the Judge specifies. The child's presence is not

required at the hearing unless ordered by the Judge. ln conducting

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ilGA {6-038

the hearing, the Judge is not bound by rules of evidence except the

rules of privilege.

Standards for determining whether a child witness may testify by

altemative method.

ln a criminal proceeding, the Judge may allow a child witness to

testify by an altemative method only in the following situations:

The child may testify other than in an open forum in the

presen@ and full view of the finder of fact if the Judge finds

by clear and convincing evidence that the child would likely

suffer serious emotional trauma if required to testify in the

open forum.

The child may testifu other than face-to-face with the

defendant if the Judge finds by clear and convincing

evidence that the child would likely suffer serious emotional

trauma if required to be confronted face-to-face by the

defendant.

ln a noncriminal proceeding, the presiding Judge may allow a child

witness to testify by an altemative method if the Judge finds by a

preponderance of the evidence that allowing the child to testify by

an altemative method is necessary to serve the best interest of the

child or enable the child to communicate with the finder of fact.

ln making this finding, the Judge shall consider:

(1)

(2)

(3)

(4)

(5)

the nature of the proceeding;

the age and maturity of the child;

the relationship of the child to the parties in the

proceeding;

the nature and degree of emotional trauma that the

child may suffer in testifying; and

any other relevant factorc.

C. lf the presiding Judge determines that the standards under B have been

met, the Judge shall determine whether to allow a child witness to testify by an

"altemative method" and in doing so shallconsider:

altemative methods reasonably available;

available means for protecting the interest of or reducing emotional

trauma to the child without resorting to an "altemative method";

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NCA,lHl3g

the nature of the case;

the relative rights of the parties;

the importance of the proposed testimony of the child;

the nature and degree of emotional trauma that the child may suffer

if an altemative method is not used; and

any other relevant factor.

Order regarding testimony by altemative method

An order allowing or disallowing a child witness to testify by an

altemative method must state the findings of fact and conclusions

of law that support the Judge's determination.

An order allowing a child witness to testify by an altemative method

must:

state the method by which the child is to testify;

list any individual or category of individuals allowed to be in,

or required to be excluded flom, the presence of the child

during the testimony;

state any special conditions neceasary to facilitate a pafi's

r(7ht to exarnine or cross-examine the chitd;

state any condition or limitation upon the participation of

individuals present during the testimony of the child; and

state any other condition nec€ssary for taking or presenting

the testimony.

The altemative method ordered by the Judge may be no more

restrictive of the rights of the parties than is necessary under the

circumstances to serye the purpose of the order.

Right of party to examine child witness.

An altemative method ordered by the presiding Judge must permit a full and fair

opportunity for examination or cross-examination of the child witness by each party.

SUBCHAPTER 3. LAW ENFORCEMENT PROCEDURES

AND CRIMINAL PENALTIES

3-301. Crimes involving domestic or family violence

A. Crimes defined in Criminal Code. A "crime involving domestic, dating or

family violence" occurs when a spouse, intimate partner, family or household member

commits, or attempts or conspircs to commit, one or more of the following crimes as

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NCA IGOSE

defined in and punishable pursiuant to Title 14 ofthe Muscogee (Creek) Nation Code of

Laws against anotherfamily or household memben

10.

11.

12.

Arcon:

Assault and battery offenses;

Burglary, breaking and entering;

Destruction, damage, vandalism of propefi, malicious mischief;

Homicide offenses, including without limitation, murder, nonnegligent manslaughter, negligent manslaughter, and justifiable

homicide;

Kidnapping and abduction;

Sex offenses, forcible, including without limitation, forcible raP€,

forcible sodomy, forcible sexual assault with an object, and forcible

fondling;

Stolen prcperty offenses;

Weapon law violations;

Disoderly conduct;

Stalking, harassment; and

Trespass of real property.

Violation of an ex parte, temporary or final protection order by a

respondent is a crime.

ln addition to the crimes listed in subsection A of this section, a

"crime involving domestic, dating or family violence" includes the

violation by a respondent of a protection order issued by the District

Court in accordance with this Act and includes the violation by a

respondent of a foreign protection order as follows: An order

enjoining respondent from threatening to commit or committing acts

of violence against the petitioner or other family or household

member or their domesticated animals; an order prchibiting the

respondent from harassing, visiting, stalking, annoying,

telephoning, texting, emailing or using any other form of electronic

or digital means to communicate, contacting or using a thitd party

to contabt, or othenryise interfering with or communicating with the

petitioner, dinactly or indirectly; an order removing and excluding

the respondent from the residence of the petitioner; an order

requiring the respondent to stay away frcm the residence, school,

place of employrnent or a specified place frequented regularly by

the petitioner and any named family or household member; and an

order prohibiting the respondent frcm using or possessing a firearm

or other weapon specified by the Court.

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NCA {6-038

Except as provided by paragraph 3, of this subsection, a

respondent who has been served with a temporary or final

protection order or foreign protection order and who is convicted of

the crime of "Violation of a Protection Ordef shall be guilty of a

misdemeanor punishable by a fine of not less than fifty dollars

($50.00) and not more than two thousand five hundred dollars

($2,500.00) or by imprisonment of not less than one (1) day and not

more than one (1) year, or by both such fine and imprisonment.

A respondent who has been served with a temporary or final

protection order or foreign protection order and who is convicted of

the crime of Violation of a Protection Order Second or

Subsequent Offense" shall be guilty of a felony punishable by a fine

of not less than one thousand dollars ($1,000.00) and not more

than frfteen thousand dollars ($tS,OOO.O0) or by.imprisonment of

not less than ten (10) days and not more than three (3) year, or

both such fine and imprisonment.

A respondent who has been served with a temporary or fina!

protection order or foreign protection order who violates the

protection order and causes physical injury or physical impairment

to the petitioner or to any other person named in said protection

order shal!, upon conviction, be guilty of the crime of 'Violation of

Protection Order with Physical lnjury lnflicted" and shall be guilty of

a felony punishable by a term of imprisonment for not less than

twenty (20) days nor more than three (3) year. ln addition to the

tenn of imprisonment, the person may be punished by a fine not to

exceed ffieen thousand dollars ($15,000.00). ln determining the

term of imprisonment required by this paragraph, the jury or

sentencing judge shall consider the degree of physical injury or

physical impairment to the victim. The prcvisions of this paragraph

shall not affect the applicability of Title 14. of the Muscogee (Creek)

Nation Code of Laws.

The minimum sentence of imprisonment issued pursuant to the

pnrvisions of paragraphs 1 and 2 of this subsection shall not be

subject to statutory provisions for suspended sentences, defened

sentences or probation, provided the District Court may subject any

remaining penalty under the jurisdiction of the District Court to the

statutory provisions for suspended sentences, defened sentences

or probation.

ln lOOition to any other criminal penatty specified by this section,

the District Court may require the respondent to undergo the

treatment or participate in the counseling services necessary to

bring about the cessation of domestic, dating or family violence

against the victim(s).

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NGA,16-03g

When a minor child violates the prcvisions of any protection order,

the violation shatl be heard in a civil juvenile pioieeding and the

fistrict Court may order the child and the parent or parents of the

child to participate in individual and/or family counseling services

necessary to bring about the cessation of domestic, dating or family

violence against the victim and may order community service hours

to be performed.

Firearms Disqualification.

It shall be unlawfulfor any person to possess a firearm who:

!s subject to any court order from a court of competent

jurisdiction that restrains such person from harassing,

stalking, threatening, having contact or assaulting an

intimate partner or family member as defined in this chapter

or engaging in any other conduct that would place an

intimate partner or family member in reasonable fear of

physical harm to the intimate partner or family member.

Has been convicted under the law of any state, tenitory,

tribe, or United States military tribunal of any crime involving

domestic violence or family violence, as defined by the laws

of the Muscogee (Creek) Nation, which involved the use or

attempted use of physical force, or the threatened use of

physical force, or the threatened use of a deadly weapon

against an intimate partner or family member as defined in

this chapter.

Has been found mentally incompetent to stand trial or has

been committed for mental health reasons after a domestic

violence, family violence, sexual assault, stalking, or dating

violence offense.

Violation of this section shall be subiect to crimina! and/or civi!

penalty

Each violation is subject to a criminal penalty of up to five

thousand dollars, ($5,OOO1 fine, and three (3) yearc of

imprisonment, or both.

Each violation of this section shall also be considered a civil

violation subject to enforcement by any means not prohibited

by federal law, including, but not limited to the issuance of a

fine of up to ten thousand ($10,000), forfeitures and/or civil

contempt.

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A civil action brought under this paragraph may be filed in

the Muscogee (Creek) Nation District Court by the Nation or

s vioration of the Domestic

:ll E:ffiil.Hl},"illlxi,:fi'3

3-302. Criminaljurisdiction over crimes involving domestic or family violence

A. Muscogee (Creek) Nation jurisdiction. The Muscogee (Creek) Nation shall

have criminal jurisdiction for the enforcement of a crime involving domestic, dating or

fami$ violence that occurs in the Muscogee (Creek) Nation tenitorial jurisdiction

purcuant to Title 27, 51-102 of the Muscogee (Creek) Nation Code of Laws.

Federal jurisdiction. The Muscogee (Creek) Nation recognizes that the

United States possesses criminaljurisdictbn over the following:

The enforcement of certain febny offenses as defined by 18 U.S.C.

51153 and any provisjons of VAWA granting Federal Courts

jurisdiction over crimes involving domestic or family violence or

dating violence in lndian country.

Construction. Nothing herein shall be construed as limiting the authority of

the Muscogee (Creek) Nation to take any of the following actions in the Muscogee

(Creek) Nation tenitorial jurisdiction:

Lighthorse plice enforcement of state or federa! criminal laws

against a non-lndian offender pursuant to a cross-deputization

agreement;

Lighthorse arrest of a non-lndian offender, detention and refenal to

appropriate authorities for violation of a foreign protection oder in

the Muscogee (Creek) Nation tenitorialjurisdiction when the foreign

protection order was issued against a non-lndian offender, pursuant

to 18 U.S.C. S 2265; or

Civil enforcement related to a violation of a prctection order. The

Muscogee (Creek) Nation shall have full civil jurisdiction to issue

and enforce protection orders involving any person, including the

authority to enforce any oder through civil contempt proceedings,

to exclude violators from lndian land, and to use other appropriate

mechanisms, in matters arising anyrhere in Muscogee (Creek)

Nation lndian country or othenrise within the authority of the

Muscogee (Creek) Nation, regardless of the lndian or non-lndian

status of the offender and the victim.

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ilcA {GO38

Each violation of a provision of this Code shall be considered

a civil violation subject to enforcement by any means not

prohibited by federal law, including, but not limited to, the

fine of up to Ten Thousand Dollars

issuance of

($ 1 0,000.00), forfeitures, and/or civi I contem pt.

A civil action brought under this paragraph may be filed in

the Muscogee (Creek) Nation District Court by the Nation or

any person harmed by a person's violation of this Code.

s 3-303.

violence

General duties of law enfiorcement officerc to protect victims and prevent

A Lighthorse police or other authorized law enforcement officer who responds to an

allegation of domestic, dating, or family violence or a crime involving domestic, dating,

or family violence occuning in the Muscogee (Creek) Nation tenitorial jurisdiction shall

use all reasonable means to protect the Mctim and prevent further violence, including

but not limited to:

Taking the action necessary to provide for the safety of the victim and any

family or household member;

Confiscating any weapon involved in the domestic, dating, or family

violence as provided in subsection F of Title 6, 53-305;

Transporting or obtaining transportation for the victim and any child to a

shelter;

Assisting the victim in removing essential personaleffects;

Assisting the victim and any child in obtaining medicaltreatment, including

obtaining transportation to a medicalfacility; and

Giving the victim immediate and adequate notice of the rights of victims

and of the remedies and services available to victims of domestic or family

violence.

Response of Lighthorse police or, other authorized law enforcement

s &304.

officerc related to complaint of domestic or family violence

Determination of identity of primary aggressor. !f a Lighthorse police or

other authorized law enforcement ofiicer receives complaints of domestic, dating, or

family violence frcm two (2) or more opposing peftions, the officer shall evaluate each

complaint separately to determine who was the primary aggressor. lf the officer

determines that one person was the primary physical aggressor, the officer need not

anest the other person believed to have committed domestic or family violence. ln

determining whether a person is the primary aggressor the officer shall consider:

Prior complaint of domestic or family violence;

Page 16 of 67

NCA {6{138

The relative severity of the injuries inflicted on each penson;

The likelihood of future injury to each person; and

Whether one of the persons acted in self{efense

Prohibited actions.

enforcement officer shall not:

A Lighthorse police or other authorized law

Discourage a victim of domestic, dating or family violence from

pressing charges against the perpetrator by any means; or

Discourage a request for intervention by law enforcement by any

party, such as threatening, suggesting, or othenrise indicating the

possible anest of all parties.

3-305. Anests; rights of persons detained; reports

A. Presumption of need to anest. lf a Lighthorse police or other authorized

law enforcement officer has probable cause to believe that a person has committed a

crime involving domestic, dating or family violence, even if the crime was committed

outside the presence of the officer, the Lighthorse police or other authorized law

enforcement officer shall presume that anesting and charging the person is the

appropriate response. A Lighthorse police or other authorized law enforcement officer

shall not base the decision to arrest or not to anest on the specific consent or request of

the victim or the Office/s perception of the willingness of a victim of or witness to a

crime involving domestic, dating or family violence to testify or otherwise participate in a

judicial proceeding.

B. Wananttess anest for crimes involving domestic, dating or family violence

outside the presence of law enforcement officer. lf a Lighthorse police or other

authorized law enforcement officer observes a recent physical injury to, or an

impairment of the phpical condition of the victim, the officer shall arrest without a

warrant a person located within the Muscogee (Creek) Nation tenitorial jurisdiction,

including hiVher place of residence. tf the Lighthorse police or other authorized law

enforcement officer has prcbable cause to believe that the person, within the preceding

seventy-two (72) hours, has committed a crime involving domestic, dating or family

violence in the Muscogee (Creek) Nation tenitorial jurisdiction, although the crime did

not take place in the pnesence of the Lighthorse police or other authorized law

enforcement officer.

Warrantless anest for violation of protection order issued by District Court.

A Lighthorse police or other authorized law enforcement officer, without a wanant, inay

arrest and take into custody a person if the Lighthorse police or other authorized law

enforcement officer has reasonable cause to believe that:

Page 17 ol 87

NGA {&038

An emergency ex parte, temporary or final protection order has

been issued and served upon the person, pursuant to this tiile;

The person named in the order has received notice of the order and

has had a reasonable time to comply with such order; and

The person named in the order has violated the order or is then

acting in violation of the order in the Musogee (Creek) Nation

tenitorial jurisdiction, whether the violation was committed in or

outside the presence of the officer.

Mandatory wanantless anest for violation of conditions of pretrial release.

lf a Lighthorse officer or other authorized law enforcement officer has probable cause to

believe that a person has violated a condition of pretrial release imposed in accordance

with Title 6, 53-307 in the Muscogee (Creek) Nation tenitorial jurisdiction and verifies

that the alleged violator has notice of the condition, the officer shall, without a wanant,

anest the alleged violator whether the violation was committed in or outside the

presence of the officer.

Wanantless anest for violation of foreign protection olders. A Lighthorse

police or other authorized law enforcement officer, witirout a wanant, may anest and

take into custody a person if the following conditions have been met:

The Lighthorse police or other authorized law enforcement officer

has reasonable cause to believe that a foreign protection order has

been issued pursuant to the law of the iswing court; and

The Lighthorse police or other authorized law enforcement officer

has reasonable cause to believe the person named in the order has

violated the order or is then acting in violation of the order in the

Muscogee (Creek) Nation tenitorial jurisdiction, whether the

violation was oommitted in or outside the presence of the officer.

Seizure of weapons incident to anest. lncident to an anest for a crime

involving domestic, dating or family violence, a Lighthorse potice or other authorized taw

enforcement officer:

Shall seize all weapons that are alleged to have been inrolved or

threatened to be used in the commission of a crime or any weapon

in the immediate vicinity of the alleged commission of the offense.

The immediate vicinity is not limited to the lringspan" of the

perpetrator and can include additional rooms of the home if

weapons are reasonably suspected to be present; and

May seize a weapon that is in the plain view of the officer or was

discovered pursuant to a consensual search, as necessary for the

Page {E of 67

NGA {&O38

protection of the offier or other persons. The seizure of weapons

is without regard to ownership of the weapons; weapons owned by

a third party are subiect to seizure when officers conclude that the

weapon must be seized to protect taw enforcement, victims of

domestic violence or others. Weapons belonging to a 3d party wil!

only be retumed to the owner upon showing that the safety of the

victim can be ensured.

Rights of person detained. Any person detained pursuant to this section

shall be brought before the District Court within fofi-eight (48) hours after anest to

answer to a charge for violation of the order, at which time the District Court shall do

each of the following:

Set a time certain for a hearing on the violation of the order within

twenty (20) days after arrest, unless extended by the District Court

on the motion of the anested person;

Set a reasonable bond pending a hearing of the violation of the

order, provided, however, that any person anested for a crime of

domestic violence shall be detained for a period of no less than

forty-eight (48) hours before being allowed to post bond; and

Notify the party who has prccured the order and direct the party to

appear at the hearing and give evidence on the charge.

Written report stating the grounds for action. ln addition to any other

report required, a Lighthorse police or other authorized law enforcement officer who

does not make an anest after investigating a complaint of domestic, dating or family

violence or who arrests two or more persons for a crime involving domestic, dating or

family violence shall submit a written report setting forth the grounds for not arresting or

for anesting both parties.

3-306. Assistance to victims by Lighthorse police or other authorized law

enforcement officer

Notice to victim. The Lighthorse police or other authorized law

enforcement officer shall give the victim immediate, adequate oral and wriften notice of

the rights of victims and of the remedies and services available to victims of domestic,

dating or family violence. The written notice shall include resources available in the

Community for information relating to domestic, dating and family violence, treatment of

injuries, and places of safety and shelters. The written notice shall not include the

addresses of shelters, unless the location is public knowledge and shall be provided in

the native language of the victim, if practicable, when the native language of the victim

is not English. The written notice shall be substantially in the following form:

Page {9 of 67

NGA IHI3E

"lf you are the victim of domestic, dating or family violence and you believe that law

enforcement protection is needed for your physical sdfety, you have the right to request

that the officer assist in providing for your safety, including asking for an emergency

order for protection. You may also request that the ofiicer assist you in obtaining your

essential personal effects and locating and taking you to a safe place, including but not

limited to a designated meeting place for a shefter, a family membe/s or a friend's

residence, or a similar place of safety. lf you are in need of medical treatment, you

have the right to request that the officer assist you in obtaining medical treatment. You

may assist law enforcement in the completion of a police report of the incident and

receive a copy of the police report at no cost to you. You also have the right to file a

petition in the Muscogee (Creek) Nation District Court requesting an order for protection

from domestic, dating or family violence which could include any of the following orders:

"1. An order enioining your abuser from threatening to commit or committing

acts of domestic, dating or family violence against you or other family or

household membe[

An order prohibiting your abuser frcm harassing, visiting, stalking,

annoying, telephoning, contacting, or otherwise interfering with or

communicating with the petitioner, directly or indircctly;

An order removing and excluding your abuser from the residence of the

petitioner;

"4.' An order requiring your abuser to stay away from the residence, school,

place of employment, or a specified place frequented regularly by the

petitioner and any named family or household rnember;

An order prohibiting your abuser from using or possessing a firearm or

other neapon specified by the Court;

An order rcquiring your abuser to pay attomey's fees and court costs; and

An order requiring your abuser to pay restitution, such as medical

expenses, reimbursement for damaged prcperty and expenses for shelter.

"2.

"3.

"5.

"6.

"7.

"The forms you need to obtain an order for protection are available from the Muscogee

(Creek) Nation District Court Clerk. The resources available in this community for

information relating to domestic, dating and family violence, treatment of injuries and

places of safety and shelters are [Note: the list and hotline numbers shall be inserted by

the District Court Clerk during preparation of this Notice for use by Lighthorse policel."

Responsibility of law enforcement officers related to emergency protection

order after arest

When an anest has been made pursuant to Title 6, S 3-305 and the

District Court is not open for business, the Lighthorse police or

other authorized law enforcement offier shall either (1) seek an

emergency temporary order on behalf of the victim or (2) provide

Page 20 ot 67

NGA {6-038

the victim with a form for a petition for an emergency temporrary

protection order and, if necessary, assist the victim in completing

the petition form. The petition shall be in substantially the same

form as provided by Title 6, S3-403 for a petition for protection

order.

The Lighthorse police officer or other authorized law enforcement

officer shall immediately notify, by telephone or

or othenrvise, the

Judge of the District Court of the request for an emergency

temporary protection order and describe the circumstances. The

District Court may issue a written or oral emergency order for

protection ex parte wtien a law enforcement officer states to the

Court in person or by telephone, and the Court finds reasonable

grounds to believe, that the petitioner is in immediate danger of

domestic, dating or family violence based on an allegation of a

recent incident of domestic, dating or family violence. The oder

may include any of the types of relief set forth in paragraphs 1

through 5 of subsection A of this section. The Judge shall inform

the Lighthorse police or other.authorized law enforcement officer of

his decision to approve or disapprove the emergency temporary

order. lf the order is approved, the law enforcement officer shall

write and sign the oder on the form required pursuant to Title 6,

SS3-404 and 6-3-405.

The law enforcement officer shall inform the victim whether the

Judge has apprcved or disapproved an eme(fency temporary

order. lf an ernergency order has been approved, the officer shall

provide the victim with a copy of the petition and a statement

signed by the officer that the Judge has apprcved the emergency

temporary protection order and notify said victim that the

emergency temporary order shall be effective only for seventy-two

(72) hqurs from the time of its issuance.

The taw enforcement ofiicer shall notify the person subject to the

emergency temporary protection order of the issuance and

conditinns of the order. Notification pursuant to this paragraph may

be made personally by the Lighthorse police or other autrorized

law enforcement officer or in writing. A copy of the petition and the

statement of the offioer attesting to the.order of the Judge shall be

made available to said person. The law enforcement officer shall

file a copy of the petition and the statement of the Lighthose police

or other authorized law enforcement officer with the District Court

immediately upon the openirg of the District Court on the next

business day. The temporary order shall be effective only for

seventy-two (72) hours from the time of its issuance.

Page 2'l of 67

NCA {&O3E

3-307.

Conditions of pretrial release of person anested for or charged with crime

involving domestic, dating or family violence

Review of facts. ln making a decision conceming pretrial release of a

person who is anested for or charged with a crime involving domestic, dating or family

violence or a violation of an order for protection, the District Gourt shall review the facts

of the anest and detention of the person and determine whether the person:

ls a threat to the vistim or other family or household member;

ls a threat to public safety; and

ls reasonably likely to appear in court.

Findings. Before releasing a peftion anested for or charged with a crime

involving domestic, dating or family violence, the District Court shall make findings on

the recod if possible conceming the determination made in accordance with subsection

A and may impose conditions of rclease or bail on the person to protect the victim of

domestic, dating or family violence and to ensure the appearance of the person at a

subsequent court proceeding. The conditions may include:

An order enjoining the person from threatening to commit or

committing acts of domestic, dating or family violence against the

victim or other family or househoH member;

An order prohibiting the person from harassing, annoying,

telephoning, contacting or otherwise communicating with the victim,

either directly or indirectly;

An order directing the person to vacate or stay away from the home

of the victim and to stay away fiom any other location where the

victim is likely to be;

An order prohibiting the person from using or possessing a firearm

or other weapon specifted by the court;

An order prohibiting the person from possession or consumption of

alcohol or controlled substances; and

Any other order required to prctect the safiety of the victim and to

ensure the appearance of the person in court.

Conditional release. lf conditions of release are imposed, the District

Court shall:

lssue a written order for conditional release;

lmmediately distribute a copy of the order to the agency having

custody of the anested or charged person.

Provision of copy of conditions to person charged. The District Court

shall provide a copy of the conditions to the anested or charged person upon his or her

Page 22 ot 67

NGA {&O38

release. Failure to provide the person with a copy of the conditions of release does not

invalidate the conditions if the anested or charged person has notice of the conditions.

Hearing upon request. If conditions of release are imposed without a

hearing, the arrested or charged persion may request a pnrmpt hearing before the court

to review the conditions. Upon such a request, the Court shall hold a promfi hearing to

review the conditions.

Notification of victim. When a person who is anested for or charged with a

crime involving domestic, dating or family violence or a violation of an order for

protection is released from custody, the District Court shall:

Use all reasonable means to immediately notify the victim of the

crime of the release; and

Fumish the victim of the crime, at no cost, a certified copy of any

conditions of release

G. No delay. Release of a person who is anested for or charged with a

crime involving domestic, dating or family violence or a violation of an order for

protection shall not be delayed because of the requirements of subsection F of this

section.

3-308. Duty of Advocate or Prosecutor to notrfo victim

A. Notification of victim. The Advocate or Prosecutor shall make reasonable

efforts to notify a victim of a crime involving domestic, dating or family violence when the

prosecutor has decided to decline prosecution of the crime, to dismiss the criminal

charges filed against the defendant, or to enter into a plea agreement.

No delay. Release of a defendant from custody shall not be delayed

because of the requirements of subsection A of this section.

3-309. Record of dismissal

When the District Court dismisses criminal charges or the Prosecutor moves to dismiss

charges against a defendant accused of a crime involving domestic, dating or family

violence, the specific reasons for the dismissal shall be recorded in the court file.

3-310. Rights of victims; dr.rty of Prosecutor to inform victims of rights

A. Rights of victims. A victim of a crime invotving domestic, dating and family

violence is entitled to all rights granted to victims of crime including but not limited to the

right to:

Page 23 at OT

NCA t6-O38

To be treated with faimess, respect, and dignity, and to be free

from/reasonably protected frcm intimidation, harassment, or abuse

throughout the criminal justice process;

Reasonable communication to the Prosecuto[

Be informed of all hearing dates and continuances and be afforded

an opportunity to be present when not prohibited by the rules of

evidence or other applicable law;

To be heard at any proceeding involving a perpetrato/s release

plea, sentencing or

parole proceedings;

Recommend to the Court any conditions of probation and parole

required to ensure the safety of the victim and other family or

household members;

Provide the court with a victim-impact statement, victim-opinion

statement, and an assessment of the risk of future harm;

Receive restitution for losses sustained as a direct consequence of

any criminal conduct;

Be provided a waiting area that reduces contact with the defendant;

and

Any relief the Court deems neoessary

any

B. Duty of Prosecutor to inform victim of rights. An attomey prosecuting a

crime involving domestic, dating or family violence shall notify the victim of domestic,

dating or family violence of the victim's rights set forth in this section.

3-311. Residential confinement in victim's home prohibited

ln criminal cases involving domestic, dating or family violence, the District Court shall

not order residential confinement for a perpetrator in the home of the victim.

3-312. Dircrsion prchibited; defened sentencing permitted

A. Diversion Prohibited. The District Court shall not approve diversion for a

perpetrator of a crime involving domestic or family violence.

Defened Sentence. The Court may defer sentencing of a perpetrator of a

crime involving domestic, dating or family violence if:

The perpetrator meets eligibility criteria established pursuant to

subsection C of this section;

Consent of the Prosecr.rtor is obtained after consultation with the

victim, when the victim is available;

Page 24 ot 67

NGA {6.O3E

A hearing is held in which the perpetrdtor enters a plea or judicial

admission to the crime; and

The Court orders conditions of the defened sentence 'that are

necessary to protect the victim, prevent future violence, and

rehabilitate the perpetrator.

Criteria. District Court shall establish criteria for determination of:

A perpetrato/s eligibility for defened sentencing;

A perpetratods successful completion of the conditions imposed by

the Court; and

Penalties for violation of the conditions imposed by the Court.

.Dismissal. The case against a perpetrator of a crime inrolving domestic,

dating or family violence may be dismissed if the perpetrator successfully completes all

conditions imposed by the Court pursuant to subsection B of this section.

3-313. Conditions of Probation

A. Considerations. Before placing a perpetrator who is convicted of a crime

involving domestic, dating or family violence on probation, the Court shalt consider the

safety and protection of the victim of a ctime involving domestic, dating or family

violence and any member of the victim's family or household.

Conditions. The Court may condition the suspension of sentence or

granting of probation to a perpetrator on compliance with one or more orderc of the

Court, including but not limited to:

'1.

Enjoining the perpetrator from thrcatening to commit or committing

acts of domestic, dating or family violence against the victim or

other family or household rnember;

Prohibiting the perpetrator from harassing, annoying, telephoning,

contacting, or othenrise communicating with the victim, directly or

indirectly;

Requiring the perpetrator to stay away from the residence, school,

place of employment, or a specified place frequented regularly by

the victim and any designated family or household member;

Prohibiting the perpetrator from possessing or consuming alcohol

or controlled substances;

Prohibiting the perpetratcir from using or possessing a firearm or

other specified weapon;

Directing the perpetrator to sunender any weapons owned or

possessed by the perpetrator;

Page 25 ot 67

NGA IHI38

Directing the perpe*rator to participate in and complete, to the

satisfaction of the @urt, a program of intenrention for perpetrators

established pursuant to Title 6, S 3-502, treatment for alcohol or

substance abuse, or psychiatric or psychological treatment;

Directing the perpetrator to pay restitution to the victim; and

lmposing any other conditbn necessary to protect the victim of

domestic, dating or family violence and any other designated family

or household member or to rehabilitate the perpetrator.

Costs. The perpetrator shall pay the costs of any condition of probation,

according to ability.

D. Probation Officer policies and procedures. The Probation fficer shall

establish policies and procedures for the exchange of information conceming the

perpetrator with the Court and the victim; and for responding to reports of

nonattendance or noncompliance by the perpetrator with conditions imposed pursuant

to subsection B of this section.

tmmediate report required. The probation department shall immediately

report to the Court and the victim any assault by the perpetrator, the perpetrator's failure

to comply with any condition imposed by the Court or probation department, and any

threat of harm made by the perpetrator.

3-314. Record of reported incidents of domestic abuse; reports

A. Duty to maintain records. lt shall be the duty of the Lighthorse Police

Administration to keep a record of each reported incident of domestic, dating and family

violence as provided in subsection B of this sectbn and to submit a monthly report of

such incidents as provided in subsection C of this section. All reported incidents shall

be included regardless of whether or not action was taken.

Contents of records. The record of each incident of domestic, dating or

family violence shall:

Show the type of crime involved in the domestic abuse;

Show the day of the week the incident occuned;

Show the time of day the incident occuned;

County of incident;

Officer who responded; and

Action taken on report.

Monthly report. A monthly report of the rccoded incidents of domestic

abuse, dating or famity violence as well as reports required by'subsection D of Title 6, $

Page 26 ot 67

NCA {&O3E

1-206, shall be submitted to the Lighthorse Commission and the Office of the Attomey

General.

3-315. Giving false infonnation to Lighthorse" police or other authorized law

enforcement officer

tt shall be a crime to knowingly and willfully present any false or materially atterd

protection order to any Lighthorse police or other adhorized law enforcement officer to

affect an anest of any person. Such crime shall be punishable by a term of

imprisonment of no more than one (1) year, or by a fine of not more than five thousand

dollars ($5,000.00) or by such fine and imprisonment.

3-316. Duty to preserve evidence

A. The purpose of this section is to assist in the prosecution of perpetrators

of crimes involving domestic, dating and family violence and to rccognize that victims of

crimes involving domestic, dating or family violence are often reluctant to cooperate or

testify at subsequent hearings for many reasons, including but not limited to economic,

emotional and psychological factors.

B. All law enforcement officers who respond to an allegation of a crime

involving domestic, dating or family violence shall take reasonable steps to collect

sufficient evidence to enable the prosecutor to secure a mnviction of the perpetrator

without the testimony of any victim. Reasonable steps include:

Photographing injuries to any victim, any damage to property and

the location and sunoundings of the alleged incident;

Describing both the phlaical and emotional condition of the victim

in detail;

Noting the identity of any witnesses to the incident and determining

what they observd;

ldentifying all persons present at the location at the time of the

incident, including children, whether or not they witnessed the

incident;

Recordingalloralcomments;

Gathering a history of the relationship and its duration;

Describing the scene of the alleged crime on first contact and other

physicalevidence; and

Gathering statements and interviewing the responding medical

personnel or following up with medical personnel if the victim is

transported to a facility for medicaltreatment.

Page 27 of 67

NGA {HI38

C. A law enforcement officer who responds to an allegation of domestic,

dating or family violence shall encourage any victim to make an oral and written

statement conceming the incident and shalltake one from any perpetrator, if possible.

D. A law enforcement officer who responds to an allegation of a crime

involving domestic, dating or family violenoe shall ensure that the victim is made aware

of the importance of preserving evidence of the incident. ln addition, the law

enforc,ement officer shall preserye a chronology of events in written form.

E. lf a child is present in the household, the officer shall note their presence.

ln order to preserve evidence and not taint testimony or induce additional trauma, an

interview of a child shall be conducted by someone trained and qualified to interview

children. However, if the child makes spontaneous statements, the officer shall note

these within his or her report. lf a child is present in the household, the officer shal!

make any reports, as required by the Tribal or other govemmental agency responsible

for investigating allegations of abuse or neglect.

Failure to comply with any of the above steps will not result in dismissal of

the case but may resuft in disciplinary action.

3-317. Offtcials Who Batter, lncluding Law Enforcement fficers; Procedure

A. Law enforcement officers and public officials who are suspected of

committing crimes of domestic, dating, or family violence shall

plovisions of this Code.

be subject to all

Upon receiving a report or notification that a law enforcement officer is a

possible perpetrator of domestic, dating or family violence:

The responding officer shal! immediately notrfy the onduty supervisor or

designate. The supervisor shall respond to the call and will notify the

Chief or designate;

Line officers will secure the scene and ensure the safety of all parties.

Under no circumstances will line officers be responsible for or be assigned

to investigate calls regarding other officers of equal rank or superior

officers. Someone of higher rank than the alleged perpetrator shall be

involved in responding.

The domestic violence investigator or designate shall be notified of

the call.

Once the preceding has been completed, the line officer shall await

the response of a superior.

C. Upon receiving notification that a public official is a possible perpetrator:

Page 2E of 67

lrlcA{6-038

The responding officer shall notify the duty supervisor and domestic

violence investigator or designate.

The responding officer shall proceed with all reasonable means to secure

the scene and ensure the safety of all parties, if necessary, and await the

response of the supervisor or domestic violence investigator.

3-318. Training

All employees of the Court Staff, Family Violence and Lighthorse Police Department, as

well as, Prcbation Officers and the Prosecutor shall participate in at least one (1) day of

annualtraining to include but not be limited to:

The dynamics of domestic violence, the impact of victimization,

offenders re-education programs, coordinated system response in

order to facilitate the goals of this Title. ln addition, law

enforcement training shall include the technical aspects in making a

domestic violence arrest including probable cause, setfdefense,

mutual anest, evidence gathering, evidence-based prosecution and

report writing.

Each department is responsible for submifting verification of

training to Human Resources to be included in the employee's

personnelfile.

Failure to participate in the required training may result in

appropriate disciplinary actions.

SUBCHAPTER 4. CIVIL PROGEDURES AND REMEDIES

3-401. District Court Civiljurisdiction

The District Court has full civil jurisdiction to issue protection orders if either the

petitioner or responderil currently or temporarily resides in the Muscogee (Creek) Nation

tenitorialjurisdiction, if the respondent cunently or temporarily resides in the Muscogee

(Creek) Nation tenitorial jurisdiction or if the domestic, dating or family violence

occuned in the Muscogee (Creek) NaUon tenitorial jurisdiction or on other land under

the authority of the Muscogee (Creek) Nation; provided that such civil jurisdiction may

be exercised regardless of the lndian or non-lndian status of petitioners and

respondents. There is no minimum requirement of residency to petition the District

Court for an order for pnrtection. ln accoldance with 18 U.S.C. S 2265(e), the District

Court shall have full civil jurisdiction to enforce protection orders issued by the District

Court and to enforce foreign protection orders pursuant to Title 6,55 3-415, 3-416 and 63-417.

Page Zg at A7

ilcA {m38

3-402. Eligible petitioners for civil protection order

A. Petition by victim. Any victim of domestic violence, statking, harassment,

sexual assault, dating violence or family violence, may seek relief by fiting a civil petition

for protection order with the District Court as an independent action or by a motion in a

pendent lite order in another proceeding on behalf of their self and/or any domesticated

animals threatened. Provided, that if made by oral motion it shal! be prompily

memorialized by wriften motion.

Petition on behalf of child. A parent, guardian, or other representative

may file a civil petition for an order for protection on behalf of a child or incapacitated

adult or any minor age sixteen (16) or seventeen (17) years may seek relief under the

provisions of this Code.

Motion by Prosecutor. The Prosecutor may move for an order of

protection on behalf of a victim, minor child or incapacitated aduft in an independerrt

action or as a pendent lite order in another proceeding provided that such motion is

memorialized by a written motion.

Request for emergency temporary order. tf the domestic, dating or family

violence, stalking, harassment or sexual assauh occurs when the District Court is not

open for business, such person may request an ernergency temporary protection order

as provided by Title 6, SS 3-306 and 3-405. The District Judge or other Court officer

with authority to issue an order for pnotection shall be available twenty-four (24) hours a

day to hear motions or petitions for emergency orders for protection.

3-403. Petition for protection order

A. Form of petition. The petition forms shall be provided by the Clerk of the

District Court and shall be in substantially the following form:

rN THE DTSTRTCT COURT OF THE MUSCOGEE (CREEK) NATTON

DISTRICT

ON BEHALF OF :

if filed by a third

Petitioner

party)_ )

)

Case No.:

Page 3O of 67

NGA {&O38

vs.

Respondent

)

MOTION FOR PROTECTION ORDER

Petitioner, being swom, states:

This Court has jurisdiction to hearthis petition because (Check all that apply):

[ ] Victim cunently; [ ] resides in, is empbyed within the Muscogee (Creek) Nation

jurisdiction:

[ ] on an lndian restristed or trust allotment

[ ] lives on tribally owned property

[ ] other

[ ] Works at:

[ ] Respondent cunently [ ] resides in, anC/or [ ] is employed within the Muscogee

(Creek) Nation jurisdiction:

[ ] on an lndian restricted or trust allotment

[ ] lives on tribally owned property (address or location of property, if known

[ ] other

[ ] Works at

ls the Respondent a spouse, intimate partner, or dating partner of:

[ ] a member of the Muscogee (Creek) Nation; or

[ ] an lndian residing in the lndian country of the Muscogee (Creek) Nation.

lf so, what Tribe affiliation is Respondent?

Please tell why )rou are seeking a Protective Order. (Check one or more and

explain)

Page 3{ of 67

NCA tGO38

[ ] The Respondent has caused or attempted to cause serious physical harm to (victim's

name):

[ ] The Respondent threatened

with imminent serious physical harm. (Victim's name)

[ ] The Respondent has stalked or harassed

(Victim's name)

2.A. The incident causing the filing of the petition occuned on or about

(lnsert Date)

Describe what happened:

Where did the incident occur?

To the best of your knowledge, was this act or acts committed on Muscogee (Creek)

Nation:

[ ] lndian restricted or trust allotment;

[ ] TribalTrust land;

[ ] Tribally owned property.

Are there any other court actions pending between the parties?

[]Yes

[]No

lf yes, in what court?

Page 32 ol 67

NGA,IGO3E

Briefly describe the action(s):

The Victim and the Respondent are related as follows (check one):

[ ] Manied

[ ] Divorced

[ ] Parent and Child

[ ] Persons Related by Blood

[ ] Present Spouse of an Ex-Spouse

[ ] Persons living in the Same HousehoH

[ ] Persons Formerly Living in the Same Household

[ ] Biological Parents of the Same Child

[ ] ln a Dating Relationship: (please describe for how long, from when to when, the type

of relationship, and the frequency of interaction between the persons involved in the

relationship)

[ ] Not Related: (Briefly describe how victim and respondent know each other)

(Answer this question only if the petitioner is filing on behatf of someone else,

minor or incompetent)

The petitioner and the victim are related as follows:

[ ] Parent and Child

[ ] Persons Related by Blood

[ ] Next Friend and lncompetent

[ ] Guardian and Wad

(Check A or B)

tl A. The victim is in immediate and present danger of abuse from the respondent and

an emergency ex parte (without notice to the other party) order is necessary to prctect

the victim from serious harm. (Please explain uhy an order needs to be granted

immediately without notice to the Respondent)

Pagc 33 of 67

NCA {6-039

The petitioner requests the following relief in the eme€ency ex parteorder:

(Check one or more)

[ ] order the respondent not to commit or threaten to commit any acts of violence against

the petitioner or any domestic, dating, family or household member.

t ] oder the respondent not to harass, annoy, telephone, contact or othenrise

communicate with the victim, directly or indirectly.

[ ] order the respondent not to visit or stalk the victim or othenrise interfere with the

victim.

[ ] order the respondent to stay away from the residence of the victim located at

on or before

[ ] order the respondent to stay away from the school, place of employment or other

places frequented by the victim and any named family or household member specified

follows:

on or before

[ ] order the respondent to take no action to make any changes to the utilities or

telephone services at the petitione/s residence

[ ] order the respondent to refrain from having any contact with the petitione/s domestic

animals.

[ ] oder the respondent not to use or possess a firearm or other weapon specified by

the Court.

(describe other rclief the petitioner requests)

B. The Petitioner does not request an emergency ex parte order.

Petitioner requests the following order to be made by the District Court following

notice to the respondent and a hearing;

(Check one or more)

[ ] order the respondent not to commit or threaten to commit any acts of domestic or

family violence against the victim or otherfamily or household member.

Page 34 ot 67

NGA,16-(138

t 1 order the respondent not to harass, annoy, telephone, contact or otherwise

communicate with the victim, directly or indirectly.

[ ] order the respondent not to visit or stalk the victim or othenrvise interfere with the

victim.

[ ] order the respondent to stay away from the residence of the victim located at

on or before

[ ] order the respondent to stay away from the school, place of employment or other

place frequented regularly by the victim and any named family or household member

specified as follows:

on or before

[ ] order the respondent not to use or possess a firearm or other weapon specified by

the Court.

[ ] order the respondent to pay restitution as follows:

[ ] Medical expenses arising from injuries caused by the respondent

[ ] Reimbursement for property damaged by the respondent

[ ] Expenses for shelter for the victim

I order the respondent to pay attomey fees for the petitioner in the sum of

on or before

I order the respondent to pay court costs of this action in the sum of

on or before

(describe other relief that petitioner requests)

7. Petitioner, being first duly swom on oath states: That I have read the above and

foregoing document, understand the meaning thereof, and declare, under penalty of

perjury, that the facts and statements contained herein are believed to the best of my

knowledge to be the truth, and nothing but the truth.

Petitioner

Page 35 of 67

lrGA r8€3E

Witness my hand and seal, affixed on

the

day of

District Court Clerk

Deputy District Court Glerk or Notary Public

Costs and fees. The victim shall not be required to pay filing or service

costs related to a protection order. The District Court may assess court costs and flling

fees against the abuser at the hearing on the petition.

3-404. Protection ordefi statement required; validity

ln .addition to any other provisions required by this chapter, or othenrise required by

law, each ex parte or final protection order issued pursuant to this chapter shall have

the following statement printed in bold-faced type or in capital letters:

"THE FILING OR NONFILING OF CRIMINAL CHARGES RELATING TO THIS

MATTER AND THE PROSECUTION OF THE CASE SHALL NOT BE DETERMINED

BY A PERSON WHO IS PROTECTED BY THIS ORDER, BUT SHALL BE AT THE

DrscRETtoN oF THE MUSCOGEE (CREEK) NATTON PROSECUTOR. NO

PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY

GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF

THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY

PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT

CHANGES THE ORDER. TH|S ORDER SHALL BE tN EFFECT FOR F|VE (5) YEARS

UNLESS RENEWED, MODIFIED, VACATED OR RESCINDED BY THE COURT. A

VIOLATOR OF THIS ORDER MAY BE PUNISHED BY CIVIL CONTEMPT OF COURT

BY FINE OF UP TO $5,OOO. A VIOLATpN OF THIS ORDER IS A CRIME

PUNISHABLE BY A FINE OF UP TO $2,500 OR TMPRTSONMENT OF Up TO ONE (1)

YEAR, OR BOTH SUCH FINE AND IMPRISONMENT FOR A FIRST OFFENSE AND

up ro FTFTEEN THOUSAND DOLLARS ($15,000.00) FOR A SECOND OR

SUBSEQUENT OFFENSE OR |MPR|SONMENT OF Up TO THREE (3) YEARS, OR

BY BOTH SUCH FINE AND IMPRISONMENT. A VIOLATION OF THIS ORDER

WHICH CAUSES INJURY IS A CRIME PUNISHABLE BY IMPRISONMENT FOR

TWENW (20) DAYS TO THREE (3) YEARS OR A FINE OF Up TO FTFTEEN

THOUSAND DOLI3RS ($15,OOO.OO), OR BY BOTH SUCH FINE AND

IMPRISONMENT. POSSESSION OF A FIREARM OR AMMUNITION BY A

RESPONDENT WHILE THIS ORDER IS IN EFFECT MAY SUBJECT THE

RESPONDENT TO PROSECUTION FOR VIOLATION OF FEDERAL LAW EVEN IF

THIS ORDER DOES NOT SPECIFICALLY PROHIBIT THE RESPONDENT FROM

POSSESSING A FIREARM OR AMMUNITION."

Page 36 of 67

ilGA.t6-O3E

"A KNOWING VIOLATION OF A PROTECTION ORDER IS A CRIME tN THE

JURISDICTION OF THE MUSCOGEE (CREEK) NATION, IN THE STATE OF

OKLAHOMA AND IN OTHER JURISDICTIONS. ANY PERSON WHO TRAVELS

ACROSS STATE LINES OR ENTERS OR LEAVES THE MUSCOGEE (CREEK)

NATION TERRITORJAL JURISDICTION OR OTHER INDIAN COUNTRY WITH THE

INTENT TO VIOI-ATE A PROTECTION ORDER AND WHO SUBSEQUENTLY

ENGAGES IN SUCH CONDUCT IS SUBJECT TO FEDERAL PROSECUTION FOR A

FEDERAL OFFENSE UNDER 18 U.S.C. S 2262. ANY PERSON WHO ENTERS OR

LEAVES THE MUSCOGEE (CREEK) NATTON TERRTTORTAL JURISD|CT|ON OR

OTHER INDIAN COUNTRY WITH THE INTENT TO KILL, INJURE, HARASS, OR

INTIMIDATE A SPOUSE OR INTIMATE PARTNER, AND WHO, IN THE COURSE OF

OR AS A RESULT OF SUCH TRAVEL, COMMITS OR ATTEMPTS TO COMMIT A

CRIME OF VIOLENCE AGAINST THAT SPOUSE OR INTIMATE PARTNER, SHALL

BE SUBJECT TO FEDERAL PROSECUTION FOR A FEDERAL OFFENSE UNDER 18

u.s.c s 2261."

"FEDERAL LAW REQUIRES THAT THIS ORDER BE GIVEN FULL FAITH AND

CREDIT BY THE COURT OF ANY OTHER STATE OR INDIAN TRIBE UNDER 18

u.s.c s 2265."

3-405. Emergency ex parte protection order

A. Hearing on request for emergency ex parte protection order. lf a

petitioner requests an emergency ex parte protection order pursuant to this section, the

District Court shall hold an ex parte hearing on the same day the petition is filed. The

District Court may, for good cause shown at the hearing, issue any emergency ex parte

order that it finds necessary to protect the victim from immediate and present danger of

domestic, dating and family violence, stalking, sexual assaulUattempted sexual assault

or harassment. The emergency ex parte order shall be in effect until after the full

hearing is conducted; provided, if the respondent, after having been served, does not

appear at the hearing, the emergency ex parte order shall remain in effect until the

respondent is served with the permanent order. lf the terms of the permanent order are

the same as those in the emergency order, or are less restrictive, then it is not

necessary to serve the respondent with the permanent order. Any emergency ex parte

order entered shall state: "lF YOU FAIL TO APPEAR AT THE HEARING, A

PERMANENT ORDER MAY BE ISSUED WITHOUT FURTHER NOTICE TO YOU."

Contents of emergency ex parte order. An emergency ex parte order

authorized by this section may include the following:

An order enjoining respondent from threatening to commit or

committing acts of domestic or family violence against the petitioner

or other family or household member;

Page 37 ol 67

NGA {eO38

An order prohibiting the respondent from harassing, visiting,

stalking, annoying, telephoning, contacting, or otherwise interfering

with or communicating with the petitioner, directly or indirectly.

An order removing and excluding the rcspondent from the

residence of the petitioner;

An order requiring the respondent to stay away from the residence,

school, place of employment, or a specified place frequented

regularly by the petitioner and any named family or household

member;

An order prohibiting the respondent from making any changes to

utilities or telephone services to the victim's residence;

An order addressing custody, visitation, and support of minor

children;

An order issuing a nVrit of Assistance" allowing for Lighthorse

personal

Police

escorUassist petitioner

obtaining

effects/belorgings frcm the residence;

An order addressing the possessbn and safety of domestic

animals;

An order prohibiting the respordent from using or possessing a

firearm or other weapon specified by the Court;

10.

An order rcquiring the respondent to pay attomey's fees and court

costs; and

'11. An order requiring the respondent to pay restitution, such as

medical expenses, reimburcement for damaged property and

expenses for shelter.

the

C. Verbal or written oder. lf a petitioner requests an emergency temporary

ex parte protection order as provided by subsection B of Title 6, 53-306, the judge who

is notified of the request by a Lighthorse police or other authorized law enforcement

officer may issue sUch order verbally to the officer or in writing when there is reasonable

cause to believe that the order is necessary to protect the victim from immediate and

present danger of domestic abuse. When the order is issued verbally the judge shall

direct the Lighthorse police or other authorized law enforcement officer to complete and

sign a statement attesting to the order.

D. Effective period. The emergency temporary ex parte order shall be in

effect no mote than fifteen (15) days from the date it was issued unless extended, for

good cause, by the District Court.

3-406. Service of Process

A copy of the petition, notice of hearing and a copy of any ex parte order issued by the

District Court shall be served upon the respondent in the same manner as a summons.

Page 38 of 67

NGA {H}38

The Lighthorse police shall attempt service within twenty-fou r (24) hours of the issuance

of an ex parte otder by the District Court; prcvided that a private process server who is

licensed pursuant to the law of the Muscogee (Creek) Nation may serve such

documents in the event that jurisdictional or practical considerations prevent service by

the Lighthorse police and provided further that a private process server who is licensed

pursuant to Oklahoma law or a law enforcement officer from another jurisdiction may

serve such documents outside of Muscogee (Creek) Nation tenitorial jurisdiction. Ex

parte orders can be served twenty-four (241hours a day.

3-407. Hearing and lssuance of order

A. Hearing. Upon filing of a petition for protection order, the District Court

shall schedule a full hearing on the petition, said hearing to be held no sooner than

three (3) days and no later than ffieen (15) days from the date of filing of the petition,

regardless of whether an emergency ex parte order has been previously issued,

requested or denied.

lssuance of protection order. At the hearing for a protection order, the

District Court may grant any prctection order to bring about the cessation of domestic,

dating or family violence stalking, sexual assault or harassment of the petitioner or other

family or household membeni or domesticated animals.

Contents of probation order. Protection orders authorized by this section

may include the following:

An order enjoining respondent from threatening to commit or

committing acts of domestic or family violence against the petitioner

or other family or household member;

An order prohibiting the respondent from harassing, visiting,

stalking, annoying, telephoning, texting, emailing or using any other

form of electnrnic or digital means to communicate, contacting or

using a third party to contact, or othenrvise interfering with or

communicating with the petitioner, directly or indirectly;

An order removing and excluding the respondent from the

residence of the petitioner;

An order reguiring the respondent to stay away from the residence,

school, place of employment, or a specified place frequented

regularly by the petitioner and any named family or household

member;

An order prohibfting the respondent from using or possessing, or

requiring the respondent to sunender to Lighthorce any firearm or

other weapon specified by the Court;

Page 39 of 67

NCA,1603g

10.

An order addressing custody, visitation and support of minor

children;

An order issuing a "Writ of Assistance" allowing for Lighthorse

Police to escorUassist petitioner in obtaining personal

effects/belongings from the residence;

An order requiring the respondent to pay attomey fees and court

costs;

An order requiring the respondent to pay restitution, such as

medical expenses, reimbursement for damaged property and

expenses for shelter; and

Other relief deemed appropriate by the Court.

Treatment. After notice and hearing, pnrtection orders authorized by this

section may require the respondent to undergo treatment or participate in the

counseling services necessary to bring about cessation of domestic or family violence

against the victim. The respondent may be required to pay a!! or any part of the cost of

such treatment or counseling services. The District Court shall not be responsible for

such cost

Service of Prctection Order. When necessary to protect the victim and

when authorized by the District Court, protection orderc granted pursuant to the

provisions of this section may be served upon the respondent by a Lighthorse officer or

other authorized law enforcement officer whose duty it is to preserve the peace.

F. Time Limitations. Any protection order issued pursuant to this section

shall be for a fixed period not to exceed a period of five (5) years unless extended by

the District Court. The District Court shall notifo the parties at the time of the issuance

of the protection order of the duration of the protection order. The foltowing shall apply:

The Dishict Court Clerk shall send notice of expiration to the parties

sixty (60) days prior to the expiration of a protection order.

The petitioning pafi shall have the opportunity to apply for renewal

of the protection order for an additiona! five (5) years period.

Upon application, the District Court Clerk shall notify each party of

the court date of the hearing on the application. lt shall be the duty

of each party to keep the District Court Clerk informed of his or her

cunent address.

At the hearing for renewal of the protection order, the District Court

may grant the renewal of the protection order or allow the

protection order to expire.

Limited scope of protection order. No order issued under this chapter

shall in any manner affect title to real property, purport to grant to the parties a divorce

Page 40 ot 67

NGA {H)3E

or othenrise purport to determine the issues between the parties as to division of

property or any other like relief othenrise obtainable under the laws of the Muscogee

(Creek) Nation.

Receipt of protection order by the victim. Upon the issuance of a

protection order the victim shal! be entitled to receive a copy of the order prior to leaving

the courthouse.

s 3-408.

Access to protection orders by law enforcement agencies

District Court responsibility to distribute protection orders. Within twentyfour (24) hours of the retum of service of any ex parte or final protection order,.the

District Court Clerk shall send certified copies thereof to Lighthorse as well as to all

appropriate law enforcement agencies designated by the petitioner. A certified copy of

any extension, modification, vacation, cancellation or consent agreement conceming a

final protection order shall be sent by the clerk of the issuing court to those law

enforcement agencies receiving the original orders pursuant to this section.

B. Lighthorse Police responsibility to ensure access to protection orders.

The Lighthorse police shall be required to ensure that other law enforcement agencies

have access twenty-four (24) hours a day to the information contained in the

documents. This includes but is not limited to insuring that all protection olders are

entered into the National Crime lnformation Center (NCIC) database in a timely manner.

3-409. Other

delay of relief prohibited; omission of petitione/s

address

Duty to inform court. At any hearing in a proceeding to obtain an order for

protection, each party has a continuing duty to inform the Court of each proceeding for

an order for protection, any civil litigation, each proceeding in family or Juvenile Court,

and each criminal case involving the parties, including the case name, the file number,

and the county and state of the proceeding, if that information is known by the party.

Other actions. An order for protection is in addition to and not in lieu of

any other available civil or criminal proceeding. A petitioner is not baned from seeking

an order because of other pending proceedings. A Court shall not delay granting relief

because of the existence of a pending action between the parties.

Address of Petitioner. A petitioner may omit her or his address from all

documents filed with the Court. lf a petitioner omits her or his address, the petitioner

shall provide the Court a mailing address. lf disclosure of petitione/s address is

necessary to determine jurisdiction or consider venue, the Court may order the

disclosure to be made:

Page 41 ot 67

NGA t6-O38

After receiving the petitione/s consent;

Orall.y and in chambers, out of the presence of the respondent and

a sealed record to be made; or

After a hearing, if the Court takes into consideration the safety of

the petitioner and finds such disclosure is in the interest of justice.

3-410. Effect of action by petitioner or respondent on order

lf a respondent is excluded from the residence of a petitioner or ordered to stay away

from the petitioner, an invitation by the petitioner to do so does not waive or nullify an

order for protection.

S 3-41

Denial of relief due to lapse of time prohibited

The Court shall not deny a petitioner relief requested pursuant to this subchapter solely

because of a lapse of time between an act of domestic, dating or family violence, sexual

assault, stalking or harassment and the filing of the petition.

H12.

Mutua! orders for protection prohibited

A court shall not grant a mutual order for protection to opposing parties.

3-413. Court-ordered ard court-refened mediation of cases involving domestic,

dating or family violence, stalking, sexual assault or harassment prohibited

A court shall not order parties into mediation or joint counseling or refer them to

mediation or joint counseling for resolution of the issues in a petition for an order for

protection.

3-414. Violation of ex parte or final protection order; civil penalty

A. Violation of oder; contempt of court. Except as provided in subsection B

of this section, any person rarfto has been served with an ex parte or final protection

order or foreign protection order and who is in violation of such protection order, may be

punished for civil contempt of court and upon entry of a finding that such person is in

contempt of court, shall be punished by a fine of not less than fifty dollars ($50.00) and

not more than five thousand dollars ($5,000.00).

Violation of order; subsequent offenses. Any person who has been

served with an ex parte or final protection order or foreign protection order and who is in

violation of such protection order after a prior judicial finding of contempt of court for a

previous violation of such protection order, may be punished for civil contempt of court

and upon entry of a finding that such person is in contempt of court for a second or

Page 42 ot 67

NGA,IHI38

subsequent offense, shall be punished by a fine of not less than one thousand dollarc

($1,000.00) and not more than five thousand dollars ($5,000.00).

C. Treatment. ln addition to any other civil penalty specffied by this section,

the District Court may require the respondent to undergo the treatment or participate in

the counseling services necessary to bring about the cessation of domestic or family

violence against the victim.

D. Violation of order by minor. When a minor child violates the pnrvisions of

any protection order, the violation shall be heard in a civil juvenile proceeding and the

District Court may order the child and the parent or parents of the child to participate in

family counseling services necessary to bring about the cessation of domestic abuse

against the victim and may order community service hours to be performed.

3-415. Registration and enforcement of foreign orders for protection; duties of

Court Clerk

Registration. A certified copy of a foreign prctection order issued by

another Tribal court or by a state court may be filed in the office of the District Court

Clerk. The District Court Cterk shatl act upon the order in the same manner as the clerk

acts upon an order for protection issued by the District Court. The District Court Clerk

shall not notify the perpetrator of the registration of an out of state or Tribal protection

order, unless the victim requests the notification.

Effect of foreign order. An order for protection filed in accordance with

subsection A of this section has the same effect and shall be enforced in the same

manner as an order for protection issued by the District Court.

Court Clerk Responsibilities. The District Court Clerk shal!:

Maintain a registry in which to enter certified orders for protection

issued by other Tribal courts or by state courts that are received for

filing.

At the request of a court of another lndian Tribe or of a state or at

the request of a percon who is affected by or has a legitimate

interest in an order for protection, certify and fonrard a copy of the

order to that court or person at no cost to the requesting party.

Enforcement. The District Court shall enforce all provisions of a

registered foreign order for prctection.

3-416. Judicial enforcement of foreign protection orderc

Page 43 of 67

NGA {6-038

Full faith'and credit. Pursuant to 18 U.S.C, 52265, any protection order

issued that is valid according to the stardads eontained in subsection B of this section

by the court of a state or another lndian Tribe shall be accorded full faith and credit by

the District Court and the District Court shall enforce a valld foreign protection order as if

it were issued by the District Court.

Requirements for valid orders. A protection order issued by a state or

another Tribal court shall be valid if:

The issuing Court has jurisdiction over the parties and matter under

the law of such state or lndian tribe; and

Reasonable notice and opportunity to be heard was given to the

person against whom the oder was sought sufficient to protect that

peftion's right to due process. ln the case of an ex parte order,

notice and opportunity to be heard must have been provided within

the time rcquired by state or Tribal law, and in any event within a

reasonable time after the older was issued, sufficient to protect the

respondent's due process rights.

Registration is not required. Registration or filing of a foreign protection

order shall not be a prerequisite for District Court enforcement of out-of-state or Tribal

orders or protection.

lnitiation of proceeding for enforcement. A proceeding to enforce a

foreign protection order may be started in the District Court by:

1. A motion filed by the petitioner holding the foreign protection order,

alleging that respondent has violated the protection order and requesting

that the District Court enforce the order; and/or

An action filed by the Prosecutor alleging that respondent has violated the

forcign protection order.

E. Validity of order; affirmative defense. lf a foreign protection'order bears

the name of an issuing court, the persons to whom it applies, a judge's signature or an

equivalent sign, terms and conditions against the respondent, and does not bear an

expiration date that has passed or any other obvious indication that it is not authentic, it

will be deemed valid, and the District Court shal! enforce it, unless the pafi against

whom the order is to be enforced proves, as an afftrmative defense, that:

The issuing court did not have jurisdiction over the parties or the

dispute under the law of the issuing court;

The respondent was not given due process, which means

reasonable notice and an opportunity to be heard. lf the foreign

Pagc 4 ot 67

NCA {Ht38

protection order was originally entered without the respondent

having an opportunity to be heard, the respondent shall have been

given notice and an opportunity to be heard within the time required

by the law of the issuing court, or in any event within a reasonable

time after the order is issued, sufficient to protect the respondent's

due process rights;

The protection order is a support or child custody order issued

pursuant to state divorce and child custody laws that are not

. entitled to full faith and credit under other federal law.

Cross or counter petitions. Cross or counter petitions are not entitled to

full faith and crcdlt unless a petition, complaint or other written pleading or motion was

filed seeking a protection oder and the issuing court made specific findings that each

party was entitbd to a protectbn oder.

3-417. Role of law enforcement in foreign protection orders

A. Manner of enforcement. A Lighthorse police or other authorized law

enforcement officer shall enforce a foreign prctection order in the same manner as he or

she would enforce a protection order issued by the District Court.

B. Reliance on copy of oder or statement of person. A Lighthorse police or

other authorized law enforcement officer may rely on a copy of a foreign protection

order that is provided to the officer frcm any source. A Lighthorse police or other

authorized law enforcement officer may rely on the stratement of a person protected by a

foreign protection order that the order remains in effect.

Authenticity of order. lf a copy of a foreign protection order is proMded to

the officer from any source, the officer shall enforce the order if it appears to the officer

to be authentic. An officer shalltreat a foreign protectbn order as authentic if it:

Bears the names of the issuing court and the persons to whom it

applies, terms and conditions against the respondent, and a judge's

signature or an equivalent sign; and

Does not bear an expiration date that has passed or any other

obvious indication that it is not authentic.

D. Verification of authenticity. The fact that the foreign protection order

cannot be verified in the manner described in the following paragraph does not mean

that the order is not authentic.

Page 45 of 67

NGA {6.O3E

E. Verification of information. lf a person claiming to be protected by a

foreign protection order does not have a copy of the order, the Lighthorse police or

other authorized law enforcement officer shall attempt to venfy the existence of the

order, the names of the i*suing court and the persons to whom it applies, the terms and

conditions against the respondent, and that the order does not bear an expiration date

that has passed or any other obvious indication that it is not authentic. lf the Lighthorse

police or other authorized law enforcement officer verifies this information, tlie officer

shall enforce the foreign protection order. Examples of ways to venfy the order include

consulting the issuing court, the Law Enforcement Netnork ("LE!N"), the National Crime

Information Center ("NC!C"), a registry operated by the issuing iurisdiction, or any

similarly reliable source.

Maintenance of Peace. lf a person claiming to be pmtected by a foreign

protection order does not have a copy of the order and the Lighthorse Police or other

authorized law enforcement officer cannot verify the existence of the order through

reliable sources, the of'ficer shall maintain the peace and take any other Iawful action

that appears appropriate to the officer.

G. Counter or cross petition. Crcss or counter petitions shall not be enforced

unless a petition, complaht or other written pleading was filed seeking a protection

order and the issuing court made specific findings that each party was entitled to a

protection order.

3-418. Violation of foreign protection order

When, following a hearing, the District Court finds that a persion has violated a foreign

protection order within the Muscogee (Creek) Nation lndian Country or on other

property othenrtise within the authority of the Nation, the District Court may impose any

penalty provided by law for violating a protection order issued by the District Court. The

determination whether a foreign protection order has been violated is made in

accotdance with the Muscogee (Creek) Nation procedures goveming criminal and civil

cases.

3-419. Forfeiture for violations of this chapter

A. Any weapon, vehicle, or any other item usdl by a native or non-native in

the furtherance of an aftempt or perpetration of a crime of domestic violence including

violation of a protection order shall be subject to forfeitune.

Att items forfeited in this section shall be forfeited under the procedunes

established under the Muscogee (Creek) Nation Judicial Procedures Code. Upon a

finding of proof by a prcponderance of the evidence that the particular item sought to be

forfeited was used in an attempt to mmmit or in the perpetr:ation of a crime of_domestic;

Page 46 of 67

NCA {6-038

dating or family violence, the district court shall order that the item be forfeited and any

money or monies derived, from the sale of such item be deposited in a revolving fund,

with the proceeds to be used for law enforcement purposes as approved by the

Lighthorce Chief, Attomey General, Controller and the Principal Chief. At the request of

the Lighthorse Chief, the District Court may order that proceeds be divided between the

Nation and one or more assisting law enfurcement agencies. The District Court may

also order that items seized may be used by Lighthorse rather than sold at a public sale.

C. Arry third-party laMul owner of sucfi prcperty may petition the court for

retum of such prcperty. Upon a finding that the third-party participated in or had

knowledge of the purpose for which the property would be, the court has the

discretionary authority to order the property to be forfeited.

D. Notice. Notice shall be given by the Lighthorse Police of said hearing to

each and'every owner known and as set forth in said application by certified mail

directed to their last known address at least ten (10) days prior to the date of said

hearing. Said notice shall contain a brief description of the property of said owner and

the place and date of the hearing. !n addition, notice of said hearing shall be posted in

three public places in the Muscogee (Creek) Nation tenitorialjurtsdiction, one being the

courthouse.

SECTION FOUR. AMENDiIENT. This amendment shall be codffied in Title 27,

Ghapter 1 and Chapter 2 and Appendix 1 Rule 13 of the Code of Laws of the Muscogee

(Creek) Nation; provided that for purposes of codification said amendment and its

inclusion in pocket parts of the Code of Laws of the Muscogee (Creek) Nation, the

Attomey General is hereby authorized: (1) to approve any changes related to the

manner in which sections, articles, chapters ard sub-chapters are designated

consistent with the format in the Code of Laws published in 2010 by West Publishing

Company; (2) to include footnoted references to the legislative history in said pocket

parts to the Code of Laws and; (3) to note in said pocket parts any editorial conection of

minor clerical or grammatical errors in the following amendment, without further National

Council approval:

SECTION FIVE. AMENDiTENT. The following Sub-Chapters and Sub-sections of

MCNCA Title 27, Chapter 1, S1-102, and Chapter 2 $2-111 and Appendix 1 Rule 13 are

hereby amended to read as follows:

TITLE 27. JUDICIAL PROCEDURES

SUBCHAPTER 1. AUTHORITY, JURISDICTION, AND APPLICABLE I.AW

1-102. Jurisdiction

A. Tenitorial Jurisdiction. The tenitorialjurisdiction of the Muscogee Courts

shall extend to all the tenitory defined in the 1866 Treaty with the United States,

Page 47 ot 67

NGA {6-038

including without limitation any real prcperty within the Nation's political jurisdiction as

defined in Article l, Section 2 of the 1979 Muscogee (Creek) Nation Constitution and

which constitutes Muscogee (Creek) Nation lndian country as follows: (1) propefi

owned by any Muscogee citizen subject to federal restrictions against alienation or held

in trust by the United States for the benefit of any Muscogee citizen or (2) property held

in trust by the United States for the benefit of the Muscogee (Creek) Nation or (3) any

property owned by Muscogee (Creek) Nation or (4) property which othenrtrise constitutes

lndian Country as that term is used in 18 U.S.C. S 1 151 .

B. Civil Jurisdiction. The Muscogee (Creek) Nation courts shall have

general civil jurisdiction over all civil actions arising under the Constitution, laws, or

treaties of the Muscogee (Creek) Nation including the Muscogee or Yuchi Common

Law, which arise within the Muscogee (Creek) Nation lndian country, regardless of the

lndian or non-lndian status of the parties. Personal jurisdiction shall exist over all

defendants, regardless of the lndian or non-lndian status of said defendants, in cases

arising from any action or event within the Muscogee (Creek) Nation lndian country and

in any other cases in which the defendant has established contacts with Muscogee

(Creek) Nation Indian Country sufficient to establish personal jurisdiction over said

defendant. Personal jurisdic*ion shal! also exist over all persons consenting to such

jurisdiction. Residing, conducting business, using roadways or engaging in any other

activity within the Muscogee (Creek) Nation lndian Country is deemed consent to

Muscogee (Creek) Nation jurisdiction. All contracts between the Nation or its citizens

and any other parry entered into within the Muscogee (Creek) Nation lndian Country is

deemed as @nsent to Muscogee (Creek) Nation jurisdiction by the parties. The act of

entry upon the Muscogee (Creek) Nation lndian Country by any extratenitorial seller or

merchant, or their agent(s) shall be considered consent by the seller or merchant to the

jurisdiction of courts of the Muscogee (Creek) Nation for any dispute arising out of any

sale or commercial transaction regardless of where the sale or transaction was entered

or took place. The Muscogee Courts shall have probate jurisdiction as described by law

of the Muscogee (Creek) Nation in Title 47 of the Code of Laws of the Muscogee

(Creek) Nation. The Muscogee Courts shall have jurisdiction over proceedings

involving family relations, including without limitation, child custody and divorce

proceedings, as described by law of the Muscogee (Creek) Nation, including any such

law codified in Title 6 of the Code of Laws of the Muscogee (Creek) Nation. The

Muscogee Courts shall exercise such other civil jurisdiction as described by any other

taw of the Muscogee (Creek) Nation.

CriminalJurisdictbn. The Muscogee Courts shall have originaljurisdiction

over al! lndians alleged to have committed in Muscogee (Creek) Nation lndian Country

a criminal offense enumerated and defined by any law or statute of the Muscogee

(Creek) Nation insofar as not prohibited by federal law. The Muscogee Courts shall

also have original jurisdiction over all lndians alleged to have committed an offense

involving the thefi, misapprcpriation or misuse of Muscogee (Creek) Nation property or

Page I ot 67

IIIGA'16-038

funds, regardless of the geographical location of any specific act or omission involved or

resulting in such theft, misapprcpriation or misuse. For purposes of criminaljurisdiction,

an "lndian' teferc to a person who is a member of the Muscogee (Creek) Nation; or a

person who is a member of any other fiederally recognized tribe, including Native

Hawaiians and Alaska Natives; or a person who possesses a CDIB; or a person eligible

for membership in a fedemlly recognized tribe.

Special Domestic Violence CriminalJurisdiction. ln addition to the general

criminal jurisdiction over all lndians, in cases where the victim is lndian, the Muscogee

(Creek) Nation shall exercise "Special Domestic Violence Criminal Jurisdiction" over all

Non-lndian defendants alleged to have committed, in Muscogee (Creek) Nation lndian

Country, a criminal offense involving acts of domestic violence, dating violence or

violation of protection orders, who:

resides in Muscogee (Creek) Nation lndian Country;

or is employed in Muscogee (Creek) Nation lndian Country; or

is a spouse, intimate partner, or dating partner of

a member of the Muscogee (Creek) Nation; or

an lndian who resides in Muscogee (Creek) Nation lndian

Country.

Suits Against the Muscogee (Creek) Nation. Nothing in this title shall be

construed to be a waiver of the sovereign immunity for the Muscogee (Creek) Nation, its

officers, employees, agents, or political subdivisions or to be a consent to any suit

except as expressly stated in this subsection

The sovereign immunity of the

Muscogee (C.reek) Nation is hereby wiived in all actions limited to injunctive,

declaratory or equitable reliref; provided that such waiver extends only to actions filed in

the Muscogee (Creek) Nation courts and does not extend to any actions fited in a court

of any other jurisdiction. The waiver of sovereign immunity in actions for injunctive,

declaratory or equitable relief shatl not be onstrued as granting a waiver for the

purpose of obtaining any equitable relief requiring payment from, delivery of, or

otherwise affec.ting funds in the Treasury of the Muscogee (Creek) Nation, or any real

property, personal prcperty or chattels of the Muscogee (Creek) Nation or any entities,

agencies or political subdivisions of the Muscogee (Creek) Nation, or any funds

belonging to, or owed to, owned by, held in trust for, administered by or under the

control of the Muscogee (Creek) Nation or any entities, agencies or political

suMivisions of the Muscogee (Creek) Nation, except interpleader actions in disputes

arising betvueen the Nation and its political subdivisions or the Nation and other parties

where financia! institutions are holders of disputed funds. Nothing in this subsection E

shall be construed as allowing any award of actual damages, punitive damages,

exemplary damages or any other type of damages against the Muscogee (Creek)

Nation.

Page 49 of 67

NGA {EOSE

SUBCHAPTER 2. TRIBAL COURT PROCEEDINGS

2-111. Formation of trial jury

The form'ation of a trial iury shall be in accordance with Tstle 2T,Appendix 1, Rule 13.

APPENDIX 1. RULES AND PROCEDURES OF THE

MUSCOGEE (CREEK) NATTON TRTBAL COURTS

Rule 13. Selection of Jurors

SupeMsion of jury selection. The District Court Clerk shall manage the

jury selection process with the assistance of the District Court Judge. Until they have

been qualified in open Court, the names of persons summoned for jury service shall not

be made public unless the District Court shall othenryise direct. The contents of recolds

or papers used by the District Court in connection with the jury selection process shall

not be disclosed, except upon Order of the Court.

Summons. The District Court Clerk shall issue summons directed to the

persons so drawn for seMce by first class mail.

C. Random selection of jurors from Election Board's voter registration database.

From Election Board's voter registration database. The Voter

Registration Database represents a fair selection of the

communities and districts within the Muscogee (Creek) Nation. The

Election Board shall annually provide the District Court with a digital

copy of the Voter Registration Database to be used in the Court's

automated jury selection process. The District Court shall make a

random selection of names via a rcputabb court management

software. All expenses associated with the transfer of data for jury

selection from the Election Board to the District Court shall be paid

by the Judicial Branch.

From Muscogee (Creek) Nation employee database. The purpose

of this subsection is to provkle defendants charged with crimes

designatd as domestic, dating, or family violence an impartialjury

that reflects a fair cross-section of the community and does not

systematically exclude any distinctive group in the community,

including non-lndians. RecogniZng that the community of the

Muscogee (Creek) Nation includes individuals living or working on

land owned or under the authority of the Nation, the District Court

Page 5O of 67

NGA.t6-O38

shall annually obtain a list of employees from all the Muscogee

(Creek) Nation Human Resources Departments to he. incorporated

into the random selection process for the jury pools of defendants

chaged with crimes of domestic violence. All Muscogee (Creek)

Nation Human Resources shall, upon rcquest by the District Court

Clerk, provide the District Court a list of employees to be

incorporated into the random selection process for the jury pools of

with crimes of domestic violence.

Formation of trial jury. The formation of a trial jury shall be as follows:

'l .

A jury of trial shall consist of six (6) penions, but the parties may

agree to a number less than six (6).

All registered voters of the Muscogee (Creek) Nation, of sound

mind and character, residing within the original 1867 tenitorial

boundaries of the Muscogee (Creek) Nation are eligible to be

summoned for jury service. Additionally, all Muscogee (Creek)

Nation employees are eligible to be summoned for jury service.

The District Court Judge shall question all jurors summoned fsr trial

to determine if all are qualified to be empaneled to try the issue or

issues before the Court. Attomeys and/or pro se litigants shall be

given an opportunity to examine all iurors selected to try the issue

or issues before the Court and may challenge any juror for cause.

No judges, law enforcement officers, attomeys, physicians or

ministers shall be compelled to serve as jurors, additionatty,

persons over seventy (70) years of age or under eighteen (18)

yeani of age may be excused. The dismissal of a juror for cause

shall be made by the District Court Judge.

Each side shall be entitled to three (3) preemptory challenges.

Habitual drunkards, persons convicted of any felony, or penions

who have served in any penitentiary shall not be eligible to serve as

jurcrs.

Prospective trialjurorc may be summoned by notifying each orally

or by mail as to the time and place at which his attendance is

required.

For jury dockets, the District Court shall summon a jury panel of not

less than twenty-four Q$ eligible jurors, to be paid twenty dollars

($20.00) per day from the Court Fund until they shall be dismissed.

sEcTtoN stx.

AIIIENDMENT. This amendment shall be codified in Title 14,

Chapter 1 and Chapter 2 of the Code of Laws of the Muscogee (Creek) Nation;

provided that for purposes of codification said amendment and its inclusion in pocket

parts of the Code of Laws of the Muscogee (Creek) Nation, the Attomey General is

Page |51, dllB7

NCA {&038

hereby authorized: (1) to approve any changes related to the manner in which sections,

articles, cfiapters and sub=chapters are designated consistent with the format in the

Code of Laws published in 2010 by West Publishing Company; (2) to include footnoted

references to the legislative history in said pocket parts to the Code of Laws and; (3) to

note in said pocket parts any editorial conection of minor clerical or grammatical errorsi

in the following amendment, without further National Council approval:

SECTION SEVEN. AilENDiIENT. The following Sub-Chapters and Sub-sections of

MCNCA Title 14, Chapters 1 and 2 are hereby amended to read as follows:

TITLE 14. CRIMES AND PUNISHMENTS

CHAPTER 1. CRIMINAL PROCEDURE

SUBCHAPTER 3. GENERAL PROCEDURAL PROVISIONS

51-303. Rights of defendant

ln al! criminal proceedings, the defendant shal! enioy all applicable rights under the

lndian Civil Rights Ac't of 1968 including but not limited to:

Reprcsentation. The defendant shall have the right to appear and

represent himself; to be represented by an lndigent Defense Attomey upon application

and approval by the Court if found qualified for free representation; to be represented at

his or her own expense by any attomey admitted to practice before the District Court.

Nature of charges. The defendant shall have the right to be informed of

the nature of the chages against him and to have a written copy of the complaint

containing all information required by Title 14, S 1-401 herein.

C. Testimony by defendant. The defendant shall have the right to testify in

his or her own behalf, or to refuse to testify regarding the charge against him or her,

provided, however, that once a defendant takes the stand to testify on any matter

relevant to the immediate prcceeding against him or her, he or she shall be deemed to

have waived all right to refuse to testifo in that immediate criminal proceeding.

However, such a waiver in one distinct phase of the criminal trial process, such as a

motion hearing, trial or sentencing hearing, shall not be deemed to constitute a waiver

of defendant's right to rcmain silent in other distinct phases of the crimina! trial process.

Gonfront witnesses. The defendant shall have the right to confront and

cross-examine all witnesses against him, subject to evidentiary requirements in the

Judicial Code or other applicable law of the Muscogee (Creek) Nation.

Subpoena. The defendant shall have the right to compel by subpoena

the attendance of witnesses on his or her own behalf.

Page 52 of 67

ltGA ,t6-038

Speedy Trial. The defiendant shall have the right to have a speedy public

trial. The defendant may waive his or her right to a speedy trial, othenryise, said trial is

to be held before an impartial judge or jury as provided in this Title or other applicable

law of the Nation.

Appea!. The defendant shall have the right to appeal in allcases.

Right to Habeas Corpus. Every defendant has the privilege of the writ of

habeas corpus to test the legality of his or her detention by order of the Musogee

(Creek) Nation and may petition the court to stay further detention pending the habeas

proceeding.

The court may grant a stay if the court:

finds that there is a substantial likelihood that the habeas

corpus petition will be granted; and

afrer giving each alleged victim in the matter an opportunity

to be heard, finds by clear and convincing evidence that

uruder the mnditions imposed by the court, the petitioner is

not likely to flee or pose a danger to any peftpn or the

community if released.

Spouse's testimony. The defendant shall have the right to prevent his or

her present or former spouse from testifoing against him conceming any matter which

occuned during such maniage, except that:

The defendant's present or former spouse may testify against him

in any case in which the offense charged is alleged to have been

committed against the spouse or the immediate family, or the

children of either the spouse or the deferdant, or against the

marital relationship; and

Any testimony by the spouse in the defendant's behalf will be

deemed a waiver of this privilege.

J. Double jeopardy. The defendant shall have the right to not be twice put in

jeopardy by the Nation for the same offense, provided that nothing herein shall be

construed as prohibiting the prosecution in the Muscogee (Creek) Nation Courts of a

defendant following a state or federaljeopady.

SUBCHAPTER 5. TRIAL

s 1-501.

Trial by jury or by Court

Page 53 of 67

ilGA {&038

All trials of offenses which are punishable by incarceration shall be by jury

unless the defeMant and the Muscogee (Creek) Nation waive trial by jury, in which

case the proceeding shall be tried by the District Court without a jury. Jurors shall be

selected and jury trials shall be conducted in accordance with the prcvisions goveming

juries contained in the Judicial Procedures Code of the Muscogee (Creek) Nation.

Bifurcation of Trial. ln an effort to enable the trier of fact to make the

most informed decisions while limiting prejudice to the Defendant, in cases in which the

defendant's criminal record could effect the sentence if found guilty, the Court may allow

for the case to be tried in two separate stages.

The first stage shal! be solely for determining whether the Nation

has proven if the defendant is guilty of the charge(s) alleged in the

Criminal Complaint and lnformation. Except in cases in which a

former conviction is an element of the offense charged, during the

first stage, no reference shall be made nor evidence presented of

prior ofienses except as permifted by the rules of evidence. At the

conclusion of this stage, the Judge shall instruct the jury to only

determine whether the Nation has proven its case beyond a

reasonable doubt; and

lf a verdict of guilt is retumed, the trial shall proceed to the

sentencing stage. During this stage, the trier of fact shall be

permttted to receive any evidence, whether aggravating or

mitigating, so long as it would be relevant in aiding the trier of fact

in determining the appropriate punishment.

SUBCHAPTER 6. JUDGMENT AND SENTENCE

51-601. Sentence and Judgment

A. 1.

lf a vedict of acquiftal is rendered the defendant must immediately

be discharged.

After a plea or verdict of guilty, or after judgment against the

defendant, the court must designate a time for sentencing, which

must be within a rleasonable time after the verdict or judgment is

rendered. The sentence must be entered in the minutes of the

Court as soon as it is imposed.

lf the defendant pleads guitty, or is convicted either by the court or

by a jury, the court must impose the sentence imposed by the jury

or a sentence in conformity with the law; or sentence the defendant

to pay a fine or both.

Page 54 ot 67

NGA t&O38

The determination and imposition of sentence shall be the

exclusive duty of the court.

B. When a person has been found guilty of a criminal offense under Title 14,

Chapter 2, the Court shall sentence the defendant in accordance with the following

Paragraphs of this Subsection, depending upon whether the offense is denominated a

misdemeanor or a felony in the provisions relating to the offense of which the defendant

was convicted unless the provisions relating to such offense expressly specify a

different punishment:

Misdemeanors: fines and imprisonment. Every persion who is

convicted of any criminal offense set forth in Title 14, Chapter 2,

which is denominated a misdemeanor shall be punished by a fine

of not more than tnlo thousand five hundred dollars ($2,SOO1 and/or

not more than one (1) year imprisonment. ln addition to any

punishment provided for in this paragmph, the Court may also

order community service and/or counseling as authorized by

Paragraphs 3 and 4 of this Subsection.

Felonies: fines and imprisonment. Every person who is convicted

of any criminal offense set forth in Title 14, Chapter 2, which is

denominated a felony shall be punished by a fine of not more than

ffieen thousand dollars ($15,000) and/or not more than three (3)

years imprisonment. ln addition to any punishment provided for in

this paragraph, the Coud may also order community service and/or

counseling as authorized by Paragraphs 3 and 4 of this Subsection.

Community Service: ln addition to or, at the discretion of the

sentencing judge, in lieu of any fine or any portion thereof or any

term of imprisonment or any portion thereof which may be imposed

under paragraph 1 and 2 of this Subsection, the Court may order

that the convicted defendant perform community service as

determined by the Court in the sound exercise of its discretion.

Counseling: !n addition to any fines, imprisonment, community

sewice, restitution and/or other punishment imposed by the Court

for violations of Title 14, Chapter 2, the Court may also order the

defendant

receive counseling through Muscogee Nation

Behavioral Health or any other counseling seMce.

Multiple convictions: @ncurent and consecutive sentencing. Each

violation of any provision of Title 14, Chapter 2 shall be a separate

offense and shall be punishable as such. Provided, however, when

a defendant has been convicted of multiple offenses under Title 14,

Chapter 2, the Judge at the time of sentencing shall have the

discretion to order that any term of imprisonment for any offense be

Page 55 of 67

NGA {6{'3E

served concunently with one or more other terms of imprisonment

or consecutively to one or mote other terms of imprisonment.

1-609. Defened judgment procedure

A. Upon a verdict or plea of guilty or upon a plea of nolo contendere, the

Court may, prior to and without entering a judgment of guilt and with the consent of the

defendant, defer the finding of guilt and place the defendant on probation under the

supervision of the Court of the Muscogee (Creek) Nation upon the conditions of

probation prescribed by the Court in the exercise of its sound discretion. As part of the

terms of probation, the Court may also consider ordering the defendant to pay a sum of

money into the court fund not to exceed the amount of any fine authorized by this title

for the crime charged, to pay restitution, perform community service and/or attend

counseling or other conditions the Court deems appropriate.

B..

The period of probation under this procedure shall not exceed three (3)

years for any single offense. Where multiple offenses are charged and the judgment on

one or more of said offenses is defened, the Judge at the time of sentencing shall have

the discretion to order the probationary period for each offense to be served

concurently with one or more other terms of probation or consecutivety to one or more

other terms of prcbation. Upon completion of all periods of probation the defendant

shall be discharged by the Court without any entry of judgment of guilt, plea of nolo

contendere shall be expunged by the Court Clerk from the record and said charge shall

be dismissed with prejudice to any further action.

SUBCHAPTER 8. BA]L AND BONDS

1-801. Release priorto araignment

A. Posting of jail bond with police. Defendants may be released following

anest after posting jail bond with the police. The purpose of the bond is to guarantee the

appearance of any person accused of public offense at his or her hearing and trial and

ensure public safety with a minimum ef inconvenience to the defendant, but with

maximum assurance thereof to the public. The bond shall include notice to the

defendant that he or she must appear for anaignment on the next Court day, and no

other notice of the Court date shall be given to the defendant or bondsmen. The

privilege of making bond prior to formal charging and an:aignment incorporates the duty

to voluntarily and promptly appear for ana(7nment, where any substitution offered by

the bondsman for the "prior approved" jail bond for may be considered by the Judge.

The jail bond shall not be sued to frustrate the orderly disposition of the case.

Schedule. A schedule of appropriate appearance bond shall be provided

by the District Court on a jail bond schedule, under which the police are authorized to

Page 56 of 67

lrlcA {6-038

receive non-cash bonds and rclease the accused. Licensed bondsmen can post surety

bonds with Lighthorse or the Court. Friends or family memberc may post cash bonds

with the Court, however, only money orders or cashiers checks, endorced to the

Muscogee (Creek) Nation District Court Clerk, may be posted, with the Lighthorse

Police.

1-802. Release prior to trial

A. General recognizance or appearance bond. Any person charged with an

offense shall, at his or her appearanoe before a Judge, be ordered release pending trial

on his or her personal recognizance or upon execution of an unsecured or securcd

appearance bond or upon posting a cash bond in an amount specified by the Judge,

subject to the condition that such person shatl not attempt to influence, injure, tamper,

with or retaliate against an officer, juror, witness, informant, or victim or violate any other

law, unless the judicial officer determines in the exercise of his or her discretion, that

such a release will not reasonably ensure public safety or assure the appearance of the

person as required.

Conditions. When such determination is made, the Judge shall, impose

one or any combination of the following conditions of release which will reasonably

assure the appearance of the penion for trial and ensure public safety:

Place the person in custody of a designated persion or organization

agreeing to supervise him;

Place restrictions on the travel, association, or place of abode of

the person during the period of release;

Require the person to abstain from the use of alcohol or other

substances and be subject to testing to ensure compliance during

the period of release;

Require the execution of a bail bond with sufficient solvent sureties,

or the deposit of cash in lieu thereof; or

lmpose any other condition deemed reasonably necessary to

assure appearance and public safety as required, including a

condition requiring that the person retum to custody at a specified

hour.

Considerations. ln determining which conditions of release will

reasonably assure appearance and ensure public safety, the judicial officer shall, on the

basis of available information, take into account the nature and circumstances of the

offense charged, the weight of the evidence against the accused, the accused's family

ties, employment, financial resources, character and mental condition, length of his or

her residence in the community, his or her record of conviction, and his or her record of

Page 57 of 67

NGA {eO38

appearance at Court proceedings or of flight to avoid prosecution or failure to appear at

Court proceedings.

D. Order of release. A judge authorizing the release of a person under this

section shall issue an appropriate order containing a statement of the conditions

imposed, if any, shall inform such person of the penalties applicable for violation of the

conditions of his or her release and shall advise him that a wanant for his or her arrest

will be issued immediately upon any such violation.

Review of conditions of release. A person whom conditions of release are

imposed and who after seventy-two (72) hours frorn the time of the release hearing

continues to be detained as a resuft of his or her inability to meet the conditions of

release, shall, upon application, be entitled to have the conditions reviewed by the

judicial officer who imposed them. Unless the conditions of release are amended and

the person is thereupon released, the judicial officer shall set forth in writing the reasons

for requiring the conditions imposed. A person who is ordered released on a condition,

which requires that he or she retum to custody after speclfied hours shall, upon

application, be entitled to a review by the judicial officer who imposed the condition.

Unless the requirement is removed and the person is thereupon released on another

condition, the judicial officer shall set forth in writing the reasons for continuing the

requirement. ln the event that the judicial officer who imposed the conditions of release

is not available, any other judicial officer of the Court may review such conditions.

Amendment of release order. A judicial officer ordering the release of a

person on any condition specified in this section may at any time amend his or her order

to impose additional or different conditions of release, provided that, if the imposition of

such additional or different conditions result in the detention of the person as a result of

his or her inability to meet such conditions or in the release of the person on a condition

requiring him to retum to custody after specified hours, the provisions of subsection E

shall apply.

lnformation in release order. lnformatficn state in, or offered in connection

with any order entered purcuant to this section need not conform to the rules pertaining

to the admissibility of evidence in a court of law.

H. Security. Nothing contained in this section shall be construed to prevent

the disposition of any case or class of cases by forfeiture of collateral security where

such disposition is authorized by the Court, nor to prevent the Court by rule from

authorizing and establishing a policeman's bail schedule for certain offenses or classes

of offenses through which a percon anested may post bail with the police for transmittal

to the Court Clerk and obtain his or her release prior to his or her appearance before a

judicial officer.

Page 58 of 67

NGA

'M38

TITLE 14. CRIMES AND PUNISFIMENTS

CHAPTER 2. CRIMINAL OFFENSES

SUBCHAPTER 1. GENERAL; PURPOSE; PUNISHMENTS

2-113. Definitions; general. ln this Code, unless a different meaning is specified

in reference to a particular crime the following words and phrases shatl have the

following meanings:

?ctor" means the person who allegedly committed or omitted the act or

acts constituting the crime.

"Bodily lnjury" means a person suffers physical pain, itlness or any

impairment of physical condition.

"Carries aruay" means removing an article of the slightest distance. lt is

more than a mere change in position. lt is a movement for the purpose of permanent

relocation.

"Child," "children" or "minor" means a person or persons under eighteen

(18) years of age.

'Child pornography" means any visuat depiction, including any

photograph, film, video, picture, or computer or computer-generated image or picture,

whether made or produced by electronic, mechanica!, or other means, of sexually

explicit conduct where:

the production of such visual depiction involves the use of a minor

engaging in sexually explicit conduct;

such visual depiction is a digital image, computer image, or

computer-generated image that is, or is indistinguishable frbm, that

of a minor engaging in sexually explicit conduct; or

such visual depiction has been created, adapted, or modified to

appear that an identifiable minor is engaging in sexually explicit

conduct.

"Coercion" means forcing or attempting to force another to do or refrain

from doing something through the use of intimidation, physical force or a threat,

however communicated, to:

Physically injure the person threatened or any other person, which

by its terms will not be, or based ori the circumstances cannot be

carried out at substantially the same time as its utterance or receipt;

Pagc 59 of 67

ilGA,lHl3g

Physically injure the person threatened or any other person which

is not made in the presence of the persion threatened, but which

may be capable of substantially contemporaneous execution;

lnjure the propeff of the person threatened or the property of one

with whom such person has a family, social, business or other

similar relationship;

Accuse the person threatened of a crime or to so accuse one with

whom such percon has a family, social, business or other similar

relationship;

Expose the person threatened to hatred, contempt, ridicule or

disgrace, or to so expose one with whom such person has a family,

social, business or other similar relationship;

Take or withhold action as a public official or employee, or to cause

a public official or employee to take or withhold action; or

Expose any secret, fact, report or information sought to be

concealed by the person threatened.

G. "Compute/' means an electronic, magnetic, optical, electrochemical or

other high speed data processing device performing logical, arithmetic, or storage

functions, and includes any data storage facility or communications facility directly

related to or operating in conjunction with such device, but such term does not include

an automated typewriter or typesetter, a portable hand-held calculator, or other similar

device.

"Court" or "Criminal Trial Court" shall mean the Criminal Trial Court of the

(Creek)

Muscogee

Nation.

l. "Criminal negligence" or "criminally negligent" means a gross deviation

from the standard of care that a reasonable person would observe in the Acto/s

situation.

"Custody or control" includes temporary supervision over or responsibility

for a minor whether legally or illegally obtained.

"Dangerous weapon" or "deadly weapon" means any firearm, whether

loaded or unloaded, or any other instrument, material or substance, whether animate or

inanimate, which is likely to produce death or serious bodily injury in the manner it is

used or attempted to be used.

"Duty of care" means that one has a legal duty to render aide.

"Extreme indifference to the value of human life' means that a person

acts in total disregard of the consequences to others by unjustifiably creating what a

Page 6O of 67

NCA {6{138

reasonable person would realize is an inordinately high degree of risk of death to

others.

"Force" means any touching, no matter how slight, of a person or any

property on the person's body.

"Graphic", when used with respect to a depiction of sexually explicit

conduct, means that a viewer can observe any part of the genitals or pubic area of any

depicted peftion or anima! during any part of the time that the sexually explicit conduct

is being depicted.

"ldentifiable minof

means a person:

who was a minor at the time the vlsuai depiction was

created, adapted, or modified; or

whose image as a minor was used in creating, adapting, or

modifying the visual depiction; and

who is recognizable as an actual person by the person's

face, likeness, or other distinguishing characteristic, such as

a unique birthmark or other recognizable feature; and

shall not be construed to require proof of the actual identity of the

identifiable minor.

"lncapacitated' means any person who by reason of mental or physical

illness is disabled to the extent that the person lacks the ability to effectively engage in

self-protection.

The term "lndistinguishable" used with respect to a depiction means

virtually indistinguishable, in that the depiction is such that an ordinary person viewing

the depiction would conclude that the depiction is of an actual minor engaged in

sexually explicit conduct. This definition does not apply to depictions that are drawings,

cartoons, sculptures, or paintings depicting minors or adults.

"lntent" or "intentionall/ means that in addition to doing the acts or failing

to act which ,caused the harm, the Actor acted with the specffic purpose of

accomplishing that harm.

"ln the commission of' means the performance of an act which is an

inseparable part of a crime or necessary for its completion, or which is performed in the

Page 6'l of 67

NCA {&O3E

process of fleeing from the immediate scene of the crime before a position of relative

safety has been reached.

"Know," "knows," "knowing," "knowingly," or "known" means in addition to

doing the acts or failing to act, which caused the harm, the Actor has a subjective belief

that something exists. Proof of actual or direct knowledge is not required. lt is sufficient

if the facts and circumstances sufficient to demonstrate that the Actor was relying on a

particular belief. Of course, ignorance of the law is not an excuse.

"Law enforcement official" means any federal, state or tribal police

officer, sheriff, deputy sheriff, highway patrol officer, investigator or similar public officer

or official.

"Lega! duty to render aid' means one or more of the following is present:

A law imposes a duty to care for another;

One is in a spousal relationship to another or is the parent,

guardian or other person having custody of a child;

One has assumed a contractual duty to care for another; or

One has voluntarily assumed the care of another person who acts

in reliance on that care. The recipient is or becomes helpless and

is in a situation where others cannot reasonably render aid.

"Nation" means the Muscogee (Creek) Nation, including all of its

agencies, Boads and Commissions, but not including its Communities.

"Malicious," "maliciously," or "with malice" means that, in addition to doing

the acts or failing to act, which caused the harm, the actor either had specific intent to

cause the harm or had a wanton disregard of the pain and strong likelihood of causing

that harm.

Z. "Minof means any person under the age of eighteen years.

AA. "Motor vehicle" or "molbr powered vehicle" means any self-propelled

instrumentality in, upon, or by which a person or prcpefi may be transported.

BB. "Officialdetention" means:

1. detention by a Lighthorse officer or employee, or under the

direction of a Lighthorse officer or employee, following anest for an

offense; following surrender in lieu of anest for an offense; following

a charge or conviction of an offense, or an allegation or finding of

juvenile delinquency; following commitment as a material witness;

Page 62 ol 67

NCA {&O3E

following civil commitment in lieu of criminal proceedings or

pending resumption of criminal proceedings that are being held in

abeyance or pending extradition, deportation, or exclusion, or

custody by a Lighthorse officer or employee, or under the direction

of a Lighthorse officer or employee, for purposes incident to any

detention described in subparagraph (A) of this paragraph,

including transportation, medical diagnosis or treatment, court

3. ;Xi"fl::"?,f.f.nH'XTi3llih"

or other contror (other

custody during specified hours or days) after release on

than

bail,

probation, or parole, or after release following a finding of juvenile

delinquency.

CC."Officiat proceeding" means a proceeding before any legislative, judiciat,

administrative or other govemmental agency or official authorized to take evidence

under oath, including any referee, hearing examiner, commissioner, notary or other

penion taking testimony or deposition in connection with any such proceeding.

DD."Omission" means a failure to act in circumstances where a legal duty to act

exists.

EE."Oqanization" means an organized body of people with a particular purpose.

FF."Personal Proper!y'' means chattels and includes such things as money,

goods, evidences of rights in action, and written instruments effecting a monetary

obligation or right to title or property. The value of the prcperty is immaterial.

GG."Prison" means a conectional, detention, or penalfacility;

HH. "Producing" means creating, directing, manufacturing, issuing, publishing,

or advertising;

Il.

"Public servant" means any officer or employee of the Nation, including

legislators and judges and any person performing an authorized govemmental duty.

JJ. "Serious bodily injury'' means bodily injury that involves a substantial risk

of death, or unconsciousness, extreme physical pain, protracted and obvious

disfigurement or protracted loss or impairment of the function of any bodily member or

org an, or mental faculty.

KK. "Sexual act" means

Page 63 of 67

NcA {6-038

contact between the penis and the vulva or the penis and the anus,

and for purposes of this subparagraph contact involving the penis

occurs upon penetration, however, slight;

contact between the mouth and the penis, the mouth and the vulva,

or the mouth and the anus;

the penetration, however slight, of the anal or genital opening of

another by a hand or finger or by any object, with an intent to

abuse, humiliate, harass, degrade, or arcuse or gratify the sexual

desire of any person; or

the intentional touching, not through the clothing of the genitalia or

another person who has not attained the age of 16 years with an

intent to abuse, humiliate, harass, degrade, or arouse or gratify the

sexual desire of any person;

Ll."Sexual activity'' means a sexual act, sexual conduct, or the productbn of

child pomography.

MM."Sexual contact" means the intentional touching, either directly or through

the clothing, of the genitalia, anus, groin, brcast, inner thigh, or buttocks of any peftion

with an intent to abuse, humiliate, harass, degrade, or arouse or gratiff the sexual

desire of any personi.

NN.Except as provided in subparagraph l, "Sexually explicit conducf' means

actual or stimulated:

sexual intercourse, including genital-genital, oralgenital, analgenital, or oral-anal, whether betryeen penons of the same or

opposite sex;

bestiality

masturbation;

sadistic or masochistic abuse; or

lascivious exhibition of the genitals or pubic area of any personi.

OO.For purposes of the definition of "Child pomography," "sexually explicit

conduct" means:

graphic sexual intercourse, including genital-genital, oralgenital,

analgenital, or oral-ana!, whether between percons of the same or

opposite sex, or lascivious simulated sexual intercourse where the

genitals, breast or pubic area of any peftion is exhibited;

graphie or lascivious simulated:

Bestiality;

Page 64 of 67

NGA.t6-O38

Masturbation; or

Sadistic or masochistic abuse; or

graphic or simulated lascivious exhibition of the genitals or pubic

area of any penon.

PP."State: means a State of the United States, a federally recognized lndian

tribe, the District of Columbia, and any commonwealth, possession, or tenitory of the

United States.

QQ."Unlawful$ means not authorized by law.

RR."Visual depiction" includes undeveloped film and videotape, data stored on

computer disk or by electronic means which is capable of conversion into a visual

image, and data which is capable of conversion into a visual image that has been

transmitted by any means, whether or not stored in a permanent format.

SS. AVitness" means any person who:

Has knowledge of the existence or nonexistence of facts relating to

any crime or claim or any other matter which is or may be the

subject of an official proceeding or investigation;

Has made a statement under oath which has been or may be

received as evidence in an official proceeding or investigation;

Has been legally served with a subpoena issued under the legal

authority of the Criminal Trial Court; or

Would be believed by a reasonable persion to be a person

described in this paragraph.

SUBCHAPTER 3. CRIMES AGAINST PERSON

S 2-303. Battery

A. The crime of simple battery occurs when a person unlawfully applies force to

another person. Any person convicted of commifting battery shall be guilty of a

misdemeanor.

B. The crime of protected status battery is a felony and occurs when all of the

elements of battery are present and, in addition, it is knowingly committed against

Law enforcement officials, referees or umpires, teachers or school

officials, during performance of or related to their duties;

A child under fifteen (15) years of age;

Page 65 of 67

NGA {6-038

A person sixty-two (62) years of age or older;

An incapacitated Person; or

Any person because of that person's race, religion, ancestry,

national origin, sexual orientation or disability.

Any person convicted of committing proGcted status battery shall be guilty of a felony.

C. Any person who commits any assault and battery against a current or former

spouse, a present spouse of a former spouse, a former spouse of a present spouse,

parents, a foster parent, a child, a person otherwise related by blood or maniage, a

percon with whom the defendant is or was in a dating relationship, an individual with

whom the defendant has had a child, a percon who formerly lived in the same

household as the defendant shall be guitty of domestic abuse. Upon conviction, the

defendant shall be punished by imprisonment for not more than one (1) year, or by a

fine not exceeding Two Thousand Five Hundred Dollars ($2,500.00), or by both such

fine and imprisonment. Upon conviction'for a second or subsequent offense, the person

shall be punished by imprisonment for not more than three (3) years, or by a fine not

exceeding Fifteen Thousand Dollars ($15,000.00), or by both such fine and

imprisonment.

D.1. Any person who, with intent to do bodily harm and without

justifiable or excusable cause, commits any assault, battery, or

assauft and battery upon a cunent or former spouse, a present

spouse of a former spouse, a former spouse of a present spouse, a

parent, a foster parent, a child, a person otherwise related by blood

or maniage, a person with whom the defendant is in a dating

relationship, an individual with whom the defendant has a child, a

person who formerly lived in the same household as the defendant,

or a person living in the same household as the defendant with any

sharp or dangercus weapon, upon conviction, is guilty of domestic

assault or domestic assault and battery with a dangerous weapon

which shall be a felony and punishable by imprisonment not

exceeding three (3) years or by a fine not Bxceeding Fifteen

Thousand Dollars ($15,000.00), or by both such fine and

imprisonment.

Any person who, without such cause, shoots a cunent or former

spouse, a present spouse of a former spouse, a former spouse of a

present spouse, a parent, a foster parent, a child, a person

othenrise related by blood or maniage, a person with whom the

defendant is in a dating relationship, an individual with whom the

defendant has a child, a person who formerly lived in the same

household as the defendant, or a person living in the same

household as the defendant, by means of any deadly weapon that

is likety to produce death shall, upon conviction, be guilty of

Page 66 of 67

NGA 1HT38

domestic assault and battery with a deadly weapon which shall be

a felony punishable by imprisonment not exceeding three (3) years

or by a fine not exceeding Fifteen Thousand Dollarc ($t5,000.00)

or by both such fine and imprisonment.

Any person convicted of domestic abuse as defined in subsection C of

this section that was committed in the presence of a child shall be punished by

imprisonment for not less than six (6) months nor more than one (1) year or by a fine

exceeding Two Thousand Five Hundred Dollars ($2,SOO.OO), or by both such fine and

imprisonment. Any person convicted of a second or subsequent domestic abuse as

defined in subsection C of this section that was committed in the presence of a child

shall be punished by imprisonment for not less than one (1) year nor more than three

(3) years, or by a fine not exceeding Fifteen Thousand Dollars ($15,000.00), or by both

such fine and imprisonment.

As used in subsection E of this section, "in the presence of a child" means

physical

presence of a child; or having knowledge that a child is present and may

in the

see or hear an act of domestic violence. For the purposes of subsections C and G of

this section, "child" may be any child whether or not related to the victim or the

defendant.

G. Any person who commits any assault and battery with intent to cause

great bodily harm by strangulation or aftempted strangulation against a curent or

former spouse, a present spouse of a former spouse, a former spouse of a present

spouse, parents, a foster parent, a child, a person othenrise related by blood or

maniage, a person with whom the defendant is or was in a dating relationship, an

individual with whom the defendant has had a child, a person who formerly lived in the

same household as the defendant, or a persion living in the same household as the

defendant shall, upon conviction, be guilty of domestic abuse by strangulation and shall

be punished by imprisonment of not less than one (1) year nor more than three (3)

years, or by a fine of not more than Fifteen Tlrcusand Dollars ($15,000.00), or by both

such fine and imprisonment. As used in this subsection, "strangulation" means any form

of asphgia; including, but not limited to: asphyxia characterized by closure of the blood

vessels or air passages of the neck as a result of extemal pressure on the neck or the

closure of the nostrils or mouth as a result of extemal pressure on the head.

SECTION EIGHT. EFFECTIVE DATE. This Act shall become effective immediately

upon proper approval and execution in accordance with the requirements of the

Muscogee (Creek) Nation Constitution.

ENACTED by the Muscogee (Creek) National Council on this 19s day of March. 2016.

Page 67 ot 67

NCA {6{t38

lN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

Tiger lll,

National Council

Muscogee (Creek) Nation

CERTIFICATION

l, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council comprised of Sixteen members with Sixteen

members attending this meeting on the 19s day of March, 2016 and that the above is in

conformity with the provisions therein adopted by a vote of 15 in favor, 0 against, and

that said Law has not been rescinded or amended in any way and the above is the

signature of the Speaker of the National Council.

Muscogee (Creek) National Council

APPROVAL

l, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature on this

dai of

,2016 to the above Law, NCA 16-038 authorizing it to

become a Law r/nder A

Vl., Section Vl., of the Constitution of the Muscogee

(Creek) Nation.

2tr

(Creek) Nation

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.