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.
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