Bill Summary for H 850 (2015-2016)

Summary date: 

Apr 17 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 850 (Public) Filed Tuesday, April 14, 2015
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.
Intro. by West.

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Bill 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 Removes outdated references.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.

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