Sec. 3. Removal of criminal prosecutions
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Chapter 211 of title 18, United States Code, is amended by adding at the end the following: A defendant desiring to remove a criminal prosecution from a tribal court pursuant to section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall file in the district court of the United States for the district and division within which such prosecution is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal under subsection (b), together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action.
No criminal prosecution under section 204 of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304 ) shall be removed unless the defendant can prove by clear and convincing evidence that a right guaranteed them under section 204(d) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(d) ), has been violated, the tribal court has failed to adequately remedy the violation, and the violation is prejudicial to the defendant. A notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall be filed not later than 30 days after the arraignment in the tribal court, or at any time before trial, whichever is earlier, except that for good cause shown the United States district court may enter an order granting the defendant or defendants leave to file the notice at a later time.
A notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall include all grounds for such removal. A failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds, and a second notice may be filed only on grounds not existing at the time of the original notice. For good cause shown, the United States district court may grant relief from the limitations of this paragraph.
The filing of a notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) shall not prevent the tribal court in which such prosecution is pending from proceeding further, except that a judgment of conviction shall not be entered unless the prosecution is first remanded. The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand.
If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the tribal court in which prosecution is pending, which shall proceed no further. If the defendant or defendants are in actual custody on process issued by the tribal court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal’s custody and deliver a copy of the writ to the clerk of such tribal court.
To assist in implementing this section and section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) ) and in prosecuting crimes of domestic violence and dating violence in Indian country, each United States Attorney serving a district that includes Indian country is authorized and encouraged to appoint qualified tribal prosecutors as Special Assistant United States Attorneys pursuant to section 13(d) of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2810(d) ) and section 543(a) of title 28, United States Code. .
The table of sections for chapter 211 of title 18, United States Code, is amended by inserting after the item relating to section 3244 the following: 3245. Federal removal jurisdiction to protect the rights of defendants under section 204 of the Indian Civil Rights Act.. .
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