PUBLIC NOTICE OF PROPOSED AMENDMENTS TO RSLOC CHAPTER 8 AND REQUEST FOR COMMUNITY COMMENT
I. REQUEST FOR COMMUNITY COMMENT
Tribal Council would like community feedback and comment on proposed amendments to Chapter 8, Offenses Against the Person, prior to Council action on those proposed amendments.
II. WHAT WOULD THE PROPOSED AMENDMENTS ACCOMPLISH?
Updates the current language of Chapter 8 to be more consistent between sections and with other RSLOC chapters, correct typographical errors, and for clarity.
Clarifies the intent of mandatory minimum sentences and the Tribal Court’s discretion.
Adds definition sections to various sections, such as “Communicating Threats” to better inform the public of prohibited conduct.
Increases the maximum penalty for all crimes to the maximum allowed by law: One year of confinement, $5,000 fine, or both.
Modifies the mandatory minimum sentences for various crimes throughout Chapter 8. This includes adding mandatory minimum sentence requirements to certain sections that previously did not have any.
Codifies additional crimes to close perceived gaps in the RSLOC. For example, added new language which criminalizes Aggravated Communicating Threats, Third Degree Assault and Battery, Assault on a Public Servant, Sexual Assault, and others.
Adds language to further clarify “consent” with respect to Sexual Violence by identifying individuals who cannot provide consent under any circumstances, including individuals under age 16, individuals deemed mentally incapable or giving consent, and individuals who under correctional supervision.
Moves and renumbers various sections to improve readability and accommodate newly added language.
Renames and renumbers current Section 8‐9 “Electronic Harassment” as Section 8‐10 “Harassment” which codifies the crimes of Harassment, Stalking, Malicious Harassment, and Disclosure of Intimate Images.
Creates a new Section 8‐13 “Endangerment” which codifies the crimes of Negligent Endangerment and Reckless Endangerment.
III. HOW TO PROVIDE WRITTEN COMMENT AND DEADLINE
Written comments can be provided to Bre Brigman in the Alfred McCoy Administration Building or you can email comments to bre.brigman@SpokaneTribe.com. The community comment period closes March 25, 2022.
A “redline” copy of RSLOC Chapter 8 – Offenses Against the Person which reflects all proposed changes can be accessed at www.spokanetribe.com. Hard copies have been posted at the Alfred McCoy Administration Building and the Spokane Tribal Court.