COUNCIL NOW DEBATING LEGISLATION 0428-17: An Action Relating To Health, Education and Human Services, Resources and Development, Law and Order, Naabik’iyati’ Committees and the CONavajo Nation Council: Enacting the Revenge Porn Act and Amending Title 17 Sex Offenses

DELEGATE EDMUND YAZZIE i do support cuz strengthens laws of Navajo and hear comments after comments how weak laws are and bad guys get away with a lot. Keep in mind, as it is our investigators are short handed so pleading with pleadings to reconsider Ramah Settlement into Public Safety Fund. We are recruiting for police but no one applying. We need financial support. There is another proposed law that when individual gets arrested on Navajo, that info not shared with states but states share. That bill is also coming to Council. We think of criminal situation, murders and killings in Albuquerque and police arrest and judge let those individuals out. I would just ask that we call a special session and help the police so get proper individuals out there to enforce this law.

DELEGATE OTTO TSO the Law and Order Committee receives reports that victims, who are Navajo, of these types of crimes and when these crimes occur outside Navajo, there is no prosecution. This bill provides for prosecution. My community passed resolution to Navajo Justice Department to work on Consent Degree and attorney kept making excuses. It will be one year since my community made that request and nothing has been done. That revolving door continues to go round and round at local jail.

NAVAJO JUSTICE DEPARTMENT status of Consent Degree must have executive session and its impact on Porn Revenge Act would be on sentences, which would be longer.

DELEGATE JONATHAN HALE if we pass this law then Congress will see and hopefully provide more federal funding for law enforcement. There are discussion going on right now. We can educate ourselves on these issues including jurisdiction over non-Navajos and non-tribal members. Like what happened with Dollar General where a non-Indian was accused of sexually assaulting a young Native American man and there was a legal battle over jurisdiction. And sentences for 30 days and $500 fine was recommended but up to Council if want to increase. We have enough jails built but no one in it so can make change here and make use of jails.

DELEGATE LEONARD TSOSIE motion to amend legislation under jurisdiction for courts over individuals who distributes info that hurts Navajo citizen, Navajo government and others.

DELEGATE AMBER CROTTY ask Delegate Tsosie to amend sentencing to: not to exceed 365 days and, or $5,000. This is a great legislation if can be used for other crimes committed on Navajo including child pornography. And how would Council look at minors…well that can be addressed with main motion.

DELEGATE TSOSIE my amendment includes non-Navajos/non-Indians as victims and I know that federal law blocks Navajo from jurisdiction over non-Indians but we are trying to protect all residents on Navajo. My amendment is to provide some teeth to it and allow our law enforcement to begin to investigate these matters other our law enforcement say this cyber crime originated  in Phoenix

NAVAJO JUSTICE DEPARTMENT Revenge Porn Act under general provisions of criminal code and amendment is on cyber crimes. what we cud work with is language started by TITLE 26 REVISION TASK FORCE.

DELEGATE TSOSIE sounds like tribal justice department trying to work on this and if i can come up with language in five minutes, i trust that justice can have language in month.

DELEGATE PHELPS i guess what i am struggling with is reach of our ability to enforce either for our courts to make that stretch. now justice, for example, Urban Outfitters used Navajo trademark and we went after them and we reached settlement. To me similar cuz in commercial and trade world but yet they are using images or words where Navajo definitely used. And there was argument about not within Navajo. But this is that we are saying that any harm has to occur on Navajo in this bill. But anyone can use electronic device anywhere, in another state and commit a crime against a Navajo citizen and intentionally cause harm. And legislation also says jurisdiction over any person and goes back to Treaty. so how far and what impact of Tsosie amendment on non-member or location. i’m trying to figure that out.

DELEGATE TSOSIE thank you for debate, colleagues. And under tort law, Navajo law enforcement officers are recognized as federal officers and so they can investigate and enforce which means tribal police can be federal officers when go off rez to investigate and then return to rez and put on tribal police jurisdiction. And so I withdraw my amendment.

DELGATE CROTTY make motion to amend page 7, line 6 to 7, strike 30 and insert 365 days and pay fine not esceed $5,000 or both.SECONDED BY DELEGATE STEVEN BEGAY

NO DEBATE ON CROTTY AMENDMENT, IT IS NOW 12:54 PM, 18-0, AMENDMENT PASSES