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GR-03-13 Revised Title 5, Criminal Code

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GR-03-13 Revised Title 5, Criminal Code GILA RIVER INDIAN COMMUNITY SACATON, AZ 85147 ORDINANCE GR-03-13 THE GILA RIVER INDIAN COMMUNITY COUNCIL HEREBY AMENDS THE 2009 GILA RIVER INDIAN COMMUNITY CODE BY RESCINDING TITLE 5, CRIMINAL CODE, AND ENACTING THE REVISED CRIMINAL CODE WHEREAS, the Gila River Indian Community Council (the "Community Council") is the governing body of the Gila River Indian Community (the "Community), a federally recognized and sovereign Indian tribe; and WHEREAS, the Community Council is authorized by Article XV, Section l(a)(9) of the Constitution and Bylaws of the Community (March 17, 1960) (the "Constitution") to promote and protect the health, peace, morals, education, and general welfare of the Community and its members; and WHEREAS, the Community Council is authorized by Article XV, Section 1(a)(17) of the Constitution to provide for the maintenance of law and order and the administration of justice by establishing a Community Court and police force and defining the powers and duties thereof; and WHEREAS, the Community Council is authorized by Article XV, Section 1(a)(19) of the Constitution to pass ordinances necessary or incidental to the exercise of any of their powers authorized by Article XV, Section 1(a) of the Constitution; and WHEREAS, the power to enact laws and ordinances is an inherent function of self-government which the Community has exercised over the years; and WHEREAS, the safety of the Community, the ability to prosecute criminal behavior, and the ability to order longer or enhanced sentences as appropriate to the offense and the offender and as authorized under the Tribal Law and Order Act of 2010 ("TLOA") are important to the Community; and WHEREAS, on July 6, 2011, the Community Council directed the implementation of enhanced sentences (up to three years per criminal offense and up to nine years per criminal proceeding) as authorized under the TLOA; and WHEREAS, a workgroup comprised of representatives from Community departments and other organizations (Gila River's Office of the General Counsel, Office of the Prosecutor, Defense Services Office, Police Department, Department of Rehabilitation and Supervision, Judicial Department, Probation, Tribal Social Services; and GRHC Behavioral Health, Four Rivers Indian Legal Services, and Tribal Court Advocate), which included Community members, met on a monthly basis during 2011 and most of 2012 to revise the Criminal Code; and GILA RIVER INDIAN COMMUNITY ORDINANCE GR-03-13 PAGE 2 OF3 WHEREAS, the revised Criminal Code includes enhanced sentencing (up to three years per criminal offense and up to nine years per criminal proceeding) for felony level offenses, judicial qualifications to preside over felony proceedings, additional procedures for criminal proceedings, and additional protections for defendants as provided under the TLOA; and WHEREAS, the revised Criminal Code has complied with pre-adoption notification procedures pursuant to Title Eight, Chapter Seven, Section 8.703 of the 2009 Gila River Indian Community Code by publication in the Gila River Indian Community News and posting at all seven district service centers. Additionally, the revised Criminal Code was presented at two public hearings on December 15, 2012; all seven district meetings during March, 2013 and April, 2013; three public hearings for Community member employees on March 21, 2013; and one public hearing for Community member employees on March 28, 2013; and WHEREAS, the Legislative Standing Committee recommends enactment of the revised Criminal Code. NOW, THEREFORE, BE IT ENACTED, the Community Council hereby amends the 2009 Gila River Indian Community Code and approves and enacts the attached revised Criminal Code, which shall replace Title 5 of the Gila River Indian Community Code. BE IT FURTHER ENACTED, that the revised Criminal Code shall be codified at Title 5 of the Gila River Indian Community Code. BE IT FURTHER ENACTED, that the revised Criminal Code shall be made publically available at all District Service Centers and the Ira Hayes Library, made available at the Department of Rehabilitation and Supervision, and made available on-line by January 1, 2014; and any future appellate court decisions concerning the revised Criminal Code shall be made available in the same manner within two weeks of the release and publication of the appellate decision. BE IT FURTHER ENACTED, that the revised Criminal Code shall become effective for any criminal complaint alleging a criminal act committed on or after January 1, 2014, except as noted in the revised Criminal Code, for any felony offense, procedures specifically relating to felony offenses, and mental competency, which shall not be effective until May 1, 2014. BE IT FURTHER ENACTED, that any acts committed prior to January 1, 2014 shall be punished as if the law had not been amended or repealed and that upon the conclusion of any criminal proceeding for acts committed prior to January 1, 2014, Title 5 Criminal Code of the 2009 Gila River Indian Community Code shall be repealed. BE IT FINALLY ENACTED, that the Governor, or in the Governor's absence, the Lieutenant Governor, is hereby authorized to take all steps necessary to carry out the intent of this enactment. GILA RIVER INDIAN COMMUNITY ORDINANCE GR-03-13 PAGE30F3 CERTIFICATION Pursuant to authority contained in Article XV, Section 1, (a) (7), (9), (17), (18), (19), (b) (8), (10), and Section 4 of the amended Constitution and Bylaws of the Gila River Indian Community, ratified by the tribe January 22, 1960, and approved by the Secretary of the Interior on March 17, 1960, the foregoing ordinance was adopted on the 15th of May 2013, at a regular Community Council meeting held in District 3, Sacaton, Arizona at which a quorum of 14 Members were present by a vote of: 12 FOR; � OPPOSE; Q ABSTAIN; J ABSENT; Q VACANCIES. GILA RIVER INDIAN COMMUNITY ( ATTEST: Title 5. Criminal Code Table of Contents CHAPTER 1. GENERAL PROVISIONS ..................... ................................................................................ 9 5.101. Criminal Jurisdiction ................................... ...................................................................... 9 5.102. Indian Defined.. ................................................................................... ........ .................... 9 5.103. Statute of limitations ..................................................................................................... 10 5.104. Speedy Trial ................................................................................................................... 11 5.105. Rules of Evidence ... .................. .. .......... ... ... .................................................................. .. 13 5.106. Definitions.. .. .. .... ........ .......... .. ............. ....... ................................... ............................... 14 5.107. Severability . ............. .............. .. ............... ..... ... .. .. ................................ ... ....... .... ............. 21 5.108. Effective Date ... .. .. .. ............ .. .. ....... .... ... ............... ..................... ...... ............................. 21 CHAPTER 2. CRIMINAL LIABILITY ............... .. .. .......... ....................... ...................... ..... ........................ 22 5.201. Criminal liability.. .................... ................................................. .... ................................. 22 5.202. Accomplice liability ... ........ .... ...... ....... ........ ... .. .. ....... ............... .. .. ...... ..... .................... 22 5.203. Burden of Proof Required to Prove Criminalliability................. .................... ................. 22 5.204. Burden of Proof Required to Assert Affirmative Defenses . .... ..... ... ... ....... ..... .... ............. 22 5.205. Immaturity.. ..... ............. .. ........ ............ ..... ...... ... ...... ... .. .... .... .... .. .. ............ ..... ............... 22 5.206. Intoxication.. .... ..... ....... .......... ................. ................. .................................................... 23 5. 207. Duress.. ......................................................................................................................... 23 5.208. Justification for Use of Force. ............... ........................................................... ........ ...... 23 5.209. Mental Competency............................... ... .. .......... ............................................... ......... 24 5.210. Insanity ............ ........... ........................ ... .. .............................................................. ...... 24 CHAPTER 3. PREPARATORY OFFENSES ........ .. .......................... ........ .............. .................................... 24 5.301. Attempt . ..................... ............ ....................... .... ......... .......................... .. .. ............. ....... 24 5.302. Solicitation.. .......... ...... .. ................. .. ........... ............... ............ ...................................... 25 5.303. Conspiracy.. ....... ...... .... .. ...... .. ......... .. .............. ....... ............ .. ............... ... .............. ..... .. 26 5.304. Facilitation ................... ........ .. .. ......... .. ....................................................... .... ...... .......... 27 Page I of 197 CHAPTER 4. SENTENCING ................. ................................. ...... .. .. ........................................
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