AN ACT TO PROVIDE AUTHORITY FOR THE EASTERN BAND OF CHEROKEE INDIANS TO ESTABLISH A POLICE DEPARTMENT, A TRIBAL ALCOHOL LAW ENFORCEMENT DIVISION, A NATURAL RESOURCES LAW ENFORCEMENT AGENCY, AND A PROBATION AND PAROLE AGENCY. Enacted October 23, 2015. Effective October 23, 2015.
Summary date: Oct 29 2015 - View summary
Summary date: Apr 22 2015 - View summary
House committee substitute makes the following change to the 1st edition.
Provides in GS 1E-5 that the Department of Public Safety may enter into a memorandum of understanding addressing the specifics of transferring information to the Cherokee Tribal Courts.
Summary date: Apr 17 2015 - View summary
Amends GS 1E-1 to give full faith and credit to any limited driving privilege signed and issued by a Judge or Justice of the Cherokee Tribal Courts and filed in the Cherokee Tribal Courts Clerk's Office. Removes outdated references.
Enacts new Article 2, Tribal Law Enforcement Authority, in GS Chapter 1E. Makes Article 13 (concerning law enforcement for cities and towns) of GS Chapter 160A applicable to the Eastern Band of Cherokee Indians, with four listed exceptions, and sets out qualifications for those law enforcement officers. Defines law enforcement agency or local law enforcement agency to include the Cherokee Police Department, the Cherokee Marshals Service, the Tribal Alcohol Law Enforcement Division of the Eastern Band of the Cherokee Indians, and the Natural Resources Enforcement Agency of the Eastern Band of Cherokee Indians. Includes provisions concerning the jurisdiction and service of those law enforcement officers. Allows the Supreme Court of the Eastern Band of Cherokee Indians to establish a probation and parole agency and sets out the requirements for marshals serving that agency.
Authorizes the North Carolina Department of Public Safety to work with the Eastern Band of Cherokee Indians to establish Originating Agency Identification (ORI) numbers for the law enforcement departments, agencies, and divisions authorized by this act, with each entity issued its own ORI number. Repeals Sections 1 through 9 of SL 1987‑427, concerning the authority of the officers of the police department of the Eastern Band of the Cherokee Indians.