Council OKs sex offender legislation

By John Christian Hopkins
Diné Bureau

WINDOW ROCK — The Navajo Nation Council unanimously passed legislation Thursday that will require convicted sex offenders who work, live or attend school on the reservation to register with the Navajo police chief.

The new law would make offenders convicted in Navajo courts or courts of other jurisdictions responsible for registering and keeping police informed of any address changes within 10 days, said sponsor Katherine Benally.

"This is the most important and critical legislation we'll ever vote on," Benally said.

The Sex Offenders Act would apply to anyone who is found guilty, pleads guilty or pleads no contest to any sexual offense.

"In the U.S., one in four kids is or will become victims of sexual abuse," Benally said. "The problem is particularly acute in Indian Country where rate is three times the national average."

Last year there were 861 substantiated abuse cases on Navajo, Benally said. Of those, 88 percent involved children under five years, she added. These assaults not only inflicts physical harm on the children, but "damages their very soul," she said.

"No one should have to live in fear," Benally added.

Although Benally stressed the importance of protecting children from sexual assault, her bill doesn't specifically mention children; nor does it define what constitutes a "sexual offense." It also does not differentiate between sexual offenses; a person found guilty of sexual harassment, for example, would be listed along with a repeat rapist.

The registration would include a copy of the court judgment, copy of parole or probation order and the home, work and school addresses for all offenders.

The police chief would be responsible for providing written notification to all district commanders, to all chapters in which the offender lives, works or attends school and print and broadcast media.

Failure to register and keeping the registration up to date would constitute a parole violation.

Because there are many Navajos with similar names, delegate Duane Tsinigine offered an amendment to also include a photograph of the offender in their registry file. It passed.

"It's very important that we protect our families," said delegate Amos F. Johnson.

Though he supported the sentiment behind the legislation, he felt it fell short of what it is meant to do, said delegate Ervin M. Keeswood Sr. As written, the bill would place all the responsibility on one person, Keeswood said.

Keeswood offered new language to direct all departments, divisions and branches of the Navajo Nation to cooperate in creating an integrated registry. The Sex Offenders Act passed 63-0.

In other business:

• The council approved a limited waiver of immunity for the Navajo Agricultural Products Industry, with the stipulation that NAPI is barred from suing the Navajo Nation.

• Delegate LoRenzo C. Bates made several attempts to get much-needed funding for the Department of Justice's fixed litigation account. Bates tried to add emergency legislation to the agenda to provide DOJ with $1.4 million. The motion needed 59 votes for passage, but received only 57. On his second attempt at amending the agenda, Bates called for $1.2 million for the DOJ. This motion received exactly 59 votes.
  
  Passing this legislation was important, Bates said.
  
  Even $1.2 million won't cover all the outstanding litigation costs, said Navajo Attorney General Louis Denetsosie. He said money is needed for gaming attorneys, the San Francisco Peaks appeal, Hopi and Peabody cases, among other items.
  
  Bates' legislation fell one vote short of passage.
  
  He tried again, this time seeking $1 million, but it fell eight votes short of being added to the agenda.

• The council spent two hours Thursday and about a half hour Wednesday reading the Navajo Nation Livestock and Foreign Disease Response Act into the record. Several times Thursday delegates sought to waive the full reading as the document was extremely long.
  
  Chief Legislative Counsel Raymond Etcitty said Navajo law requires new legislation or amendments to existing law to be read into the record.
  
  At 12:35 p.m., Speaker Lawrence T. Morgan ruled the legislation which had still not be fully read into the record to be out of order because the language being read into the record differed from copies provided the delegates.
  
  
• The Ganado girls' cross country team was honored for winning back-to-back 3A North Region and state championships.

• The family of the late council delegate Tim Morgan was offered condolences by the council. However, a similar act for the family of the late delegate Curley John will have to wait. Sponsor Mark Maryboy was not in the chambers when his bill was called by the speaker.
  
  Maryboy attempted to amend the agenda to go back to the legislation.
  
  "It's gone, it isn't there," Morgan said. "There's nothing to recall."
  
  If a sponsor is not present when his legislation is called, the item is automatically stricken from the agenda, Morgan said

John Christian Hopkins can be reached at 1-505-371-5443, or by email at Hopkins1960@hotmail.com.