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About Spilyay tymoo. (Warm Springs, Or.) 1976-current | View Entire Issue (Nov. 27, 2013)
Spilyay Tyrooo, Warm Springs, Oregon November 27, 2013 Page 9 Proposed Tribal Code revisions (Thefollowing are changes to the T rib a l Code as proposed by the W arm Springs Justice Team. A h ea rin g on th e p ro p o s e d changes is set f o r 6 p .m . on Dec. 12 a t the W arm Springs Com m unity Center. J IS Basic Speed rule Whereas the Tribal Coun cil believes that persons driv ing on the Warm Springs Res ervation in violation o f the Basic Speed Rule set forth in W arm S prings T rib al C ode (“W STC ”) S ection 310.408 have a detrimental effect on the safety o f the Warm Springs community; and Whereas the Tribal Coun cil believes that the public safety risk created by-speed ing on the Reservation war rants the reclassification of a v io la tio n o f th e B asic Speed Rule from a Class B' traffic infraction to-a Class A traffic infraction; and Whereas the Tribal Coun cil believes that violation of the rules o f the road set forth in WSTC Chapter 310 creates an increased safety risk in work zones where per sons conducting road main tenance and im provem ent activities are present; and Whereas the Tribal Coun cil believes that the risk to the safety of road work crews w arrants the doubling o f traffic infraction fines when . a person commits a traffic infraction in a designated work zone; now, therefore, Be it reso lv ed by the Twenty-Sixth Tribal Council o f the Confederated Tribes o f the Warm Springs Reser vation o f Oregon, pursuant to Article V) Section l(i), (1), and (u), o f the Tribal Con stitution and By-Laws, that the Tribal Council hereby amends WSTC 310.408 as follows (amendment repre sented by strikeout and ad ditional underlined text): to pay an amount n ot exceed ing: (a) $500 for a Class “A” traffic infraction. (b) $250 for a Class “B” traffic infraction. (c) $100 for a Class “C” traffic infraction. (d) $50 for a Class “D ” traffic infraction. (3) I f a traffic infraction occurs in a highway w ork zone, a judgment to pay a fine for such a traffic infraction shall be a sentence to pay an am ount not exceeding two times the fine am ounts set forth in subsection (2). (4) As used in this section, a “highway work zone” is an area identified by advance warning where highway con struction. repair, or mainte nance work is being done by highway workers on or adja cent to a highway, regardless o f w hether or n o t highway workers are actually present. (5) As used in this section. a “highw ay w o rk er” is an employee o f a governm ent agency, private contractor, or utility company working in a highway work zone. Be it further resolved by the Tribal Council that the a m en d m en ts to W STC 310.408 and WSTC 310.220 set forth above are effective immediately DUII Whereas Section 310.510 o f the Warm Springs Tribal C ode (“W STC”) currently provides in part that a per son corrgnits the offense o f driving under the influence o f intoxicants if the person drives a vehicle while the per son has .10% o r m ore by weight o f alcohol in the blood o f the person as shown by ch em ical analysis o f th e breath, blood, urine, or saliva .of the person; and Whereas the Tribal Coun cil is aware o f research dem Basic Speed Rule. (1) A person commits the onstrating th at im pairm ent offense o f violating the ba that can affect a person’s abil sic speed rule if he drives a ity to drive occurs before a vehicle upon a highway at a person reaches a blood alco speed greater than is reason-, hol concentration o f .10%; able and prudent, having due and Whereas the Tribal Coun regard to the traffic, surface cil desires to im prove the and width o f the highway, safety o f the Warm Springs the hazard at intersections, w eather, visibility and any community by ensuring that other conditions then exist peoplcimpaired by alcohol do n ot drive in the community; ing. and . (2) As used in this section, Whereas the Tribal Coun unless the context requires otherw ise, “highw ay” in cil desires that WSTC Chap ter 310 be consistent w ith cludes, but is not limited to WSTC Chapter 312 (Boating an alley, Code) with respect the use o f (3) V iolating the basic speed rule is a Class BA traf a refusal to subm it to field sobriety tests as evidence in fic infraction. Be it further resolved by a related civil or criminal ac tion; now, therefore, the Tribal Council that the Be it re so lv e d by th e T rib al C ouncil h ereb y amends WSTC 310.220 as Twenty-Sixth Tribal Council follows (amendment repre o f the Confederated Tribes sented by additional under o f the Warm Springs Reser vation o f Oregon, pursuant lined text): to Article V, Section 1 (i), (1), Fines for Traffic Infrac and (u) o f the Tribal Consti tution and By-Laws, that the tions. ■ (1) The penalty for com Tribal Council hereby amends WSTC 310.510 to read as m itting a traffic infraction shall be a fine only o r as pro follows (am endm ent repre vided in WSTC 310.260 a sented by strikeout and addi forfeiture, suspension, revo tional underlined text): cation o f a tribal driver’s li D riving W hile U nder cense or other privilege, or the Influence o f Intoxi other civil penalty. cants. A person commits the (?) 1 Jnless a traffic infrac offense o f driving while un der the influence o f intoxi tio n occurs in a highway w ork zone, a judgm ent to pay a fine for a traffic in fraction shall be a sentence cants if the person drives a vehicle while the person: (1) Has . 10% .06% or more by weight o f alcohol in the blood o f the person as shown by chemical analysis o f the breath, blood, urine or saliva o f the perso n m ade under WSTC 310.550; (2) Is under the influ ence o f intoxicating liquor or a controlled substance; or (3) H Is under the influ ence o f intoxicating liquor and a controlled substance. Be it further resolved by the Tribal Council that that Tribal Council hereby amends WSTC 310.550 to read as follows (am endment repre sented by strikeout and addi tional underlined text: Im p lied C onsent to Chemical Tests. (1 ) ' Any person who op erates a m otor vehicle upon the highways o f this- reserva tion the Warm Springs Res ervation shall be deemed to have given consent to field sobriety tests, including a chemical test o f the person’s breath fo r the p u rpose o f determining the alcoholic con tent o f the person’s blood, upon the request o f a police officer for the purpose o f determining if the person is arrested for driving a m otor vehicle while under the influ ence o f intoxicants hi viola tion of-WSTC 310.510. A test Field sobriety-tests shaH be administered upon (lie re quest o f a police if the po lice officer having has reason- able grounds to believe the person arrested to have been driving Under the influence o f intoxicants in violation of W S T C 310.510. (2) N o chemical test o f the person’s breath field so briety tests shall be given, under subsection (1) o f this section, to a pérson under arrest for driving a m o to r vehicle while under the influ ence o f intoxicants in viola tion o f WSTC 310.510 if the person refuses the request o f a police officer to submit to the chemical field sobriety tests. (3) I f a person refuses or fails to submit to field so briety tests as required by subsection (1) o f this section, evidence o f the person’s re fusal or failure r q subm it is admissible in any criminal or civil action o r p roceeding arising out o f allegations that the person was operating a vehicle while under the influ ence o f intoxicants. (35(4) I f pursuant to sub section fzb(3) o f this section a person refuses a- breath to submit to field sobriety tests, he shall be inform ed at that time by the police officer that: (a) Refusal or failure to submit to the breath field so briety tests may result in sus pension o f his or her driving p riv ileg es on th e W arm Springs R reservation for a p e rio d n o t to exceed 120 days:; and (b) Evidence o f refusal or failure to submit to the field sobriety tests may be offered against him or her in a civil or criminal proceeding. Be it further resolved by the Tribal Council that the a m en d m en ts to W STC 310.530 and WSTC 310.550) set forth above shall be ef fective immediately. The n e x t deadline to subm it items f o r publication . theSpily'ay Tymoo is Friday, December 6. T h a n k y o Sex offender code W hereas, per Resolution No. 10,774, the Tribe elected to p articipate as a sex o f fender registration jurisdiction under Title I o f the Adam Walsh Child Protection and Safety A ct o f 2006 (“Adam Walsh, Act”), which requires registration jurisdictions to create and im plem ent a sex offender registration and no tification program that meets the requirements contained in Title I o f the Adam Walsh Act; and W hereas, as. p art o f the Tribe’s effort to create and implement a sex offender reg istration and notification pro gram that is compliant with Title I o f the Adam Walsh Act, the Warm Springs Tribal Council approved Ordinance 91, codified as Chapter 380 o f the Warm Springs Tribal Code (“WSTC”), on April 1, 2010; and Whereas the Tribal Coun cil believes th at in order to m aintain and enhance the Tribe’s sex offender notifica tion and registration program, and to improve public safety on the reservation w ith re spect to certain sex offend ers, it is necessary to amend WSTC C hapter 380 to in clude additional provisions regarding check-in require ments for homeless offend ers and to include a criminal offense prohibiting offenders convicted o f a sex offense involving a child under the age o f fou rteen (14) fro m conducting certain activities on or near places frequented by minors; now, therefore, B e i t r e s o l v e d by the Twenty-Sixth Tribal Council o f the Confederated Tribes o f the Warm Springs Reser vation o f Oregon, pursuant to Article V, Section 1 (i), (1), and ■ o f the Tribal Consti tution and By-Laws, that the Tribal Council hereby amends WSTC C hapter 380 to in clude the following criminal offense regarding violation o f child safety zone restric tions: 380.615 V io la tio n o f Child Safety Zone Re strictions. A person is guilty o f an offense subject to pen alties in a c c o rd an ce w ith W STC 380.600 o r W STC 380.605 if that person was convicted o f a sex offense involving a child under the age o f fourteen (14) and is subject to the registration re quirements in this Chapter, and does one or more o f the following: (1) Loiters or parks a ve hicle w ithin 500 feet o f a school, playground, public swimming pool, skate park, baseball field, child care fa cility, child care provider, youth center, or any other location accessible to the pub lic that is established or des ignated specifically for the use and enjoym ent o f m inors, while minors are present, un less the person has legal and physical custody o f his or her children and is dropping off or picking up his or her chil dren from school or a child care facility or provider or is attending a school function with his or her children; (2) Attends an event held primarily for m inors where minors are in attendance un less the person has legal and physical custody o f his or her children and is attending the event with his or her children; (3) H as c o n ta c t w ith a child care facility or provider during its hours o f operation unless the person has legal and physical custody o f his or her children arid is drop ping off or picking up his or her children from the facility or provider; or (4) • After [insert effective date o f this resolution], estab lishes and maintains a' resi dence w ithin 500 feet o f a school, playground, public swimming pool, skate park, baseball field, child care fa cility, child care provider, youth center, or any other location accessible to the pub lic that is established or des ignated specifically for the use and enjoyment o f minors and is commonly used by minors. Be it further resolved by the Tribal Council that the Tribal Council hereby amends WSTC 380.010 to include the fo llo w in g d e fin itio n o f “homeless” as subsection (8), and to renumber the existing subsections accordingly: ■ (8) “H om eless” means lacking a fixed, regular, and adequate riighttime residence; living in a pubEcly or privately operated shelter designated to provide temporary Eving ar rangements; or haying a pri mary nighttime residence that is a pubEc or private place not designed for or ordinarily used as ,a regular sleeping ac commodation for human be ings, including, but not lim ited to, a car, park, abandoned building, bus or train station, airport, or camping ground. Be it further resolved by the Tribal Council that the Tribal Council hereby amends WSTC 380.315(1) as foEows (addition in bold): (1) Jurisdiction o f Resi dency. AE sex offenders re quired to register w ith the Tribe m ust immediately' ap pear in p erson before the Tribal Registry Administrator to update any change to their name, residence (including term ination o f residency), employment, or school atten dance. AE sex offenders re quired to register w ith the Tribe shall im mediately in form the Tribal Registry A d ministrator via phone or in- p erson appearance o f any changes to their tem porary lodging information (when a Tier 3 Sex O ffender wiE be absent from his or her resi dence for 24 hours or more, or w hen a T ier 1 Sex O f fen d er or T ier 2 Sex O f fender will be absent from his or her residence for 7 days or more), international travel plans, vehicle inform ation, émail addresses, telephone numbers, Instant Messaging addresses, and any other des ignation used in Internet com munications, postings, or tele phone communications. In the event of a change in tem porary lodging, the sex of fender and the Tribal Regis try Administrator shaE imme diately notify the jurisdiction in which the sex offender will be temporarily staying. A sex o ffen d er who becom es homeless and is required to register with the Tribe under this Chapter must appear in person before the Tribal Registry Admin istrator every thirty (30) days for the duration of the sex offender’s hom eless ness. Be it further resolved by the Tribal CouncE that amend ments to WSTC Chapter 380 set forth herein shaE be ef fective immediately. Beads, Native American Gifts, Museum, Deli, Grocery, Ice, Fishing Permits, Western Union, Check-Free Bill Pay, ATM and Much More! 2132 Warm Springs St., Warm Springs - ph. 541-553-1597 O ver500 com panies can be p a id through our check-free service including: Pacific Power, D irect TV, Verison, and Qwest. I ____________________________ ,_______________________________________________ /
