Statutes | Fort McDermitt Paiute and Shoshone Tribe Chapter 7ยง 1 | 2019
(1) This Chapter may be cited as the Fort McDermitt Criminal Code (FMCC).
(2) This code is hereby declared to be an emergency measure and shall take effect and be in force immediately upon its passage by the Tribal Council and with the approval of the Secretary of the Interior or his duly authorized representative(s).
(3) This chapter, except as provided in subsection 4, shall not apply to offenses committed prior to its effective date. Prosecutions for such offenses shall be governed by prior law, which is continued in effect for that purpose. For the purposes of this section, an offense was committed prior to the effective date of this code if any of the elements of the offense occurred prior thereto.
(4) In cases pending on or after the effective date of this code and involving offenses committed prior thereto:
a. The provisions
of this chapter according a defense or mitigation shall apply, with the consent of the defendant.
b. The court, with the consent of the defendant, may impose sentence under the provisions of this chapter which are applicable to the offense and the offender.
(5) This section does not affect the power of the Court or Tribal Council to punish for contempt, or to employ any enforcement sanction authorized by law.