MVSKOKE RESERVATION – A bill changing how DUI charges are to be enforced and punished on the reservation passed the Business, Finance, and Justice committee on Feb. 19. Proposed by the Attorney General’s Office and sponsored by Representative William Lowe, the bill, NCA 26-034, passed unanimously and will be voted on by the National Council during the Regular Session on Feb. 28.
As stated on the MCNNC website, the bill is “a law of the Muscogee (Creek) Nation amending MCNCA Title 14, subsection 3-1304 entitled ‘Persons under the influence of alcohol or other intoxicating substances or combination thereof.”
According to Attorney General Geri Wisner, who spoke during committee discussion, one goal is to fix an error in the MCN criminal code: an intoxicated person in the driver’s seat and in control of the vehicle, but not driving it, can only be charged with Public Intoxication.
She stated, “As it currently reads, the MCN Criminal Code does not allow any other charge of persons under the influence unless they are actually driving a vehicle.”
For example, the change includes people in the driver’s seat of a vehicle while intoxicated, regardless of whether they have been observed driving.
“As we recognized, there are many situations where someone may be under the influence, sitting in the driver’s seat, car keys in the ignition, and it may be running, but they don’t have it in drive. This would allow us to be able to charge without it [the car] being in motion,” Wisner said.
Another motivation, mentioned by Wisner during the discussion, is to align the MCN criminal code more closely with state law.
The bill includes a change not mentioned during the discussion: a DUI charge now results in a felony if it occurs within 10 years of a prior DUI charge or a deferred judgement.
The bill states that this change was made due to “a lack of accountability for individuals who recommit this violation a second time either by a conviction or a deferred judgment.” Additionally, this change prevents offenders from having multiple first-time offenses by requiring a check for prior charges.
Mvskoke Media has reached out to Rep. Lowe and Attorney General Wisner for comment.
As of presstime, no comment has been received from either party.
The National Council’s regular session will take place on Feb. 28.
