[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a) Spousal Privileges Not Applicable. In any proceeding under this code
where a spouse is the alleged victim of domestic violence, the privilege
of confidential communications between spouses and the testimonial
privilege of spouses shall not apply to protect the defendant or respondent.
(b) Victim/Advocate Privilege. In any proceeding under this code, a victim
of domestic violence may refuse to disclose, and may prevent an advocate
from disclosing, confidential communications between the victim and
advocate and written records and reports concerning the victim. The
victim/advocate privilege shall not, however, relieve the advocate
of the mandatory duty to report child abuse and shall not apply when
the advocate is required to give evidence in child abuse proceedings.
(c) Evidence concerning Domestic Violence. In any proceeding under this
code, the Court may admit into evidence without regard to any hearsay
rule any of the following: expert testimony, learned treatise, articles,
videos, or other relevant and reliable evidence concerning or examining
the impact of domestic violence on its victims.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a) Evidence of a statement by a declarant is admissible if all of the
following apply:
(1) The statement purports to narrate, describe, or explain the infliction
or threat of physical injury upon the declarant.
(2) The action in which the evidence is offered under this section is
an offense involving domestic violence.
(3) The statement was made at or near the time of the infliction or threat
of physical injury. Evidence of a statement made more than five years
before the filing of the current action or proceeding is inadmissible
under this section.
(4) The statement was made under circumstances that would indicate the
statement's trustworthiness.
(5) The statement was made to a law enforcement officer.
(b) Circumstances relevant to the issue of trustworthiness include, but
are not limited to, all of the following:
(1) Whether the statement was made in contemplation of pending or anticipated
litigation in which the declarant was interested.
(2) Whether the declarant has bias or motive for fabrication of the statement,
and the extent of any bias or motive.
(3) Whether the statement is corroborated by evidence other than statements
that are admissible only under this section.
(c) To offer evidence under this section, the prosecuting attorney must
disclose the evidence, including the statements of witnesses or summary
of the substance of any testimony that is expected to be offered,
to the defendant not less than 15 days before the scheduled date of
trial or at a later time as allowed by the court for good cause shown.
(d) Nothing in this section shall be construed to abrogate any privilege
conferred by law.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
(a) Except as provided in Subsection
(d) in a criminal action in which the defendant is accused of any offense involving domestic violence, evidence of the defendant's commission of other acts of domestic violence is admissible for any purpose for which it is relevant.
(b) If the prosecuting attorney intends to offer evidence under this
section, the prosecuting attorney shall disclose the evidence, including
the statements of witnesses or a summary of the substance of any testimony
that is expected to be offered, to the defendant not less than 15
days before the scheduled date of the trial or at a later time as
allowed by the Tribal Court for good cause shown.
(c) This section does not limit or preclude the admission or consideration
of evidence under any other statute, rule of evidence, or case law.
(d) Evidence of an act occurring more than 10 years before the charged
offense is inadmissible under this section, unless the Tribal Court
determines that admitting this evidence is in the interest of justice.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a) When a prosecutor moves to dismiss charges against a defendant accused
of domestic violence, or when the court dismisses such charges, the
specific reasons for the dismissal must be recorded in the court file.
(b) If the dismissal is based on the unavailability of the alleged victim
or any witness, the prosecutor shall indicate the specific reason
why such person is unavailable and why the case cannot be prosecuted.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
Consistent with federal law, 18 U.S.C. § 922, the
purpose of this section is to prohibit any person who has been convicted
of a crime of domestic violence under tribal, state or federal law,
or any person who is subject to an order of protection based upon
a finding that the person presents a credible threat of violence to
the victim, from possessing a firearm.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007.]
(a) It shall be unlawful for any person to possess, receive, or transport
a firearm who:
(1) Is subject to a court order that:
(A)
Was issued after a hearing of which such person received actual
notice and had an opportunity to participate; and
(B)
Restrains such person from injuring, harassing, stalking or
threatening an intimate partner or family or household member or engaging
in other conduct that would place an intimate partner or family or
household member in reasonable fear of bodily injury; and
(i)
Includes a finding that such person represents a credible threat
to the physical safety of such intimate partner or household or family
member; or
(ii)
By its terms explicitly prohibit the use, attempted use, or
threatened use of physical force against such intimate partner or
household or family member that would reasonably be expected to cause
bodily injury.
(2) Has been convicted in state, federal or tribal court of a crime of
domestic violence.
(3) A person subject to an order issued under Subsection (a)(1) may petition
the court for suspension or termination of the order to restore firearm
use privileges. The person shall have the burden of demonstrating
that:
(A)
The person no longer constitutes a threat against any household
or family member; and
(B)
Prior to issuance of the order, that the person used a firearm
for subsistence hunting.
(b) If the court finds that the person has met the requirements of Subsection
(a)(3)(a) and (b), the court may exercise its discretion to allow
the person to use a firearm for subsistence hunting during authorized
hunting seasons.
[History: Tribal Act #07-25.1862, enacted by Tribal Council
on December 19, 2007; and amended by Tribal Council motion at a Tribal
Council Special Session on October 31, 2018.]
Violating the firearms requirement set forth in this chapter
is a crime of domestic violence. Any related sentences for a violation
of this section and any other section of this code shall be served
consecutively.