(i) “Police Officer” means a member of the Spokane Tribal Police, the Bureau of Indian Affairs
Police, or a conservation/park ranger, security officer or other person who holds a special
commission with the Spokane Tribe.
Section 29-2 Crime of Domestic Violence
29-2.01 Penalty/Punishment. Any person who shall knowingly commit an act of domestic violence and has
been convicted of the underlying offense shall be sentenced to, in addition to the sentence for the
underlying conviction:
(a) for a first offense, a $350 fine;
(b) for a second conviction within 2 years, not less than 30 days in jail, and/or not less than $500,
or both such confinement and fine; or
(c) for a third or subsequent conviction within 2 years, not less than 60 days, and/or a fine of
$1,000, or both such confinement and fine.
(1) This section shall apply to any offense committed after the enactment of this section, but
any conviction for a crime of domestic violence committed before enactment of this
section may be considered in determining whether the sentence should be enhanced.
(d) Juveniles: Any juvenile committing domestic violence shall be subject to prosecution and all
other conditions outlined under this chapter.
(1) Any such prosecution shall be in accordance with Section 6-1.08 (Chapter 6 Youth Code)
and any imposition of jail time shall be served in a Juvenile Detention Center.
Legislative History-Amended 4/07/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
29-2.02 Willful Violation of No Contact or Restraining Order. Willful violation of a court order issued in a
domestic violence case is a crime and upon conviction, the defendant shall be sentenced to a period of
confinement not to exceed 1 year or ordered to pay a fine not to exceed $5,000, or both jail sentence and
fine, and costs.
29-2.03 Willful Violation of the Prohibition on Possessing a Firearm. Willful violation of a Court order issued
in a domestic violence case prohibiting the defendant from possessing a firearm is a crime and upon
conviction, the defendant shall be sentenced to a period of confinement not less than 30 days and not to
exceed 1 year and/or order to pay a fine of not less than $1,000, and not more than $5,000, or both jail
sentence and fine, plus costs.
Legislative History-Amended 4/07/00, Resolu. 2000-179; Readopted 8/01/06, Resolu. 2006-524.
29-2.04 Additional Requirements. In addition to the imposition of such confinement and/or fine the Court
shall order the person convicted of the offense of domestic violence to complete a domestic violence
evaluation and comply with treatment recommendations, as provided in Section 29-4.09 of this Chapter, and
if alcohol and/or drugs is indicated, also complete a chemical dependency evaluation and comply with
treatment recommendations as provided in Section 29-4.08.
Section 29-3 Duties of Police Officers
29-3.01 Primary Duty. It shall be the primary duty of the police officer, when responding to a domestic
violence situation, to enforce the laws allegedly violated and to protect the complaining party(ies).
29-3.02 Response to Domestic Violence Situations
(a) A police officer shall arrest an alleged perpetrator of domestic violence, if an arrest warrant has
been issued, or without a warrant, if the offense occurs in the presence of the officer or if the
officer has probable cause to believe that the person to be arrested has committed domestic
violence without regard to any other requirements imposed by Chapters 8, 9 or 10, of the
Spokane Tribal Law and Order Code, including a person who may have violated the terms of a
No Contact or Restraining Order, prohibiting the person from contact and/or acts or threats of
acts of violence and/or excluding that person from a residence.
(1) If the conditions for arrest established by this Section are present, the officer shall arrest
the alleged perpetrator of domestic violence regardless of whether the alleged victim
signs a complaint and whether the arrest is against the expressed wishes of the alleged
victim.
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Revised Spokane Law & Order Code, 5/14/2013