(a) The fine described in this section shall be imposed in addition to any other penalties
imposed under this chapter, within the limits provided by the Indian Civil Rights
Act (25 U.S.C. § 1302).
(b) If an adult is convicted of violating any provision of this chapter, the Cherokee
Court shall make an express finding in the record as to whether the violation involved
domestic violence as outlined in Cherokee Code Section 14-40.1. If the Court answers
this question affirmatively, then it shall impose on the defendant an additional fine
of $1,000.00 which shall be collected by the Tribal Court and paid to the Budget and
Finance Office and appropriated for use by the Tribal Domestic Violence Program. Fines
paid under this section shall be appropriated 50 percent to victims services to provide
victims with necessary goods such as food, transportation assistance, and other vital
supplies and 50 percent to community prevention and outreach services. The Budget
and Finance Office shall place the appropriated amounts in two separate line items
in the Tribal Domestic Violence Program's budget.
(c) In this section, "convicted" means a person who entered a guilty plea, a plea of nolo
contendere, a jury returned a verdict of guilty, or the court entered a finding of
guilt, regardless of the form of judgment or sentence. If a person pleads guilty and
enters into a Diversion Program this additional fine still must be paid.
