Sec. 4. Protection of Native children and tribal communities
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/bill/114/s/2785/is/section-4A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) is amended— in the section heading, by striking and inserting violence ; and child violence and drug offenses in subsection (a)— in paragraph (1), by striking means violence and inserting includes felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur that are ; in paragraph (2)— by striking means violence and inserting includes felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur that are ; and by striking an Indian tribe that has jurisdiction over the Indian country where the violence occurs and inserting the Indian tribe ; in paragraph (4), by striking domestic violence and inserting tribal ; in paragraph (6)— in the paragraph heading, by striking and inserting domestic violence ; and tribal by striking domestic violence and inserting tribal ; by redesignating— paragraphs
(3)through
(7)as paragraphs
(7)through (11), respectively; and paragraphs
(1)and
(2)as paragraphs
(4)and (5), respectively; by inserting before paragraph
(4)(as so redesignated) the following: The term caregiver means— the parent, guardian, or legal custodian of the child; any relative of the child, including a parent, grandparent, great-grandparent, stepparent, brother, sister, stepbrother, stepsister, half-brother, or half-sister; a person who resides or has resided regularly or intermittently in the same dwelling as the child; a person who provides or has provided care for the child in or out of the home of the child; any person who exercises or has exercised temporary or permanent control over the child; or any person who temporarily or permanently supervises or has supervised the child. The term child means a person who has not attained the lesser of— the age of 18; or except in the case of sexual abuse, the age specified by the child protection law of the participating tribe that has jurisdiction over the Indian country where the child resides. The term child violence includes felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur that are committed against a child by a caregiver or a person that would be subject to special tribal criminal jurisdiction if the crime was committed against the parent, legal custodian, or guardian of the child under the child protection, domestic, or family violence law of the Indian tribe. ; by inserting before paragraph
(7)(as so redesignated) the following: The term drug offense includes drug-related felony or misdemeanor violations of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violations occur. ; and by adding at the end the following: The term related conduct means conduct committed by the defendant that occurs in connection with the exercise of special tribal criminal jurisdiction that is a violation of the criminal laws or contempt authority of the tribal court of the Indian tribe that has jurisdiction over the Indian country where the underlying offense occurred. ; in subsection (b)— by striking domestic violence each place it appears and inserting tribal ; and in paragraph (4)— in subparagraph (A)(i) (as so amended), by inserting (other than a drug offense) before if neither ; and in subparagraph (B)— in the matter preceding clause
(i)(as so amended), by inserting for a crime of domestic violence or dating violence or a violation of a protection order before only if ; and in clause (iii), by striking , or dating partner and inserting , dating partner, or caregiver ; in subsection (c)— in the matter preceding paragraph (1), by striking domestic violence and inserting tribal ; in paragraph (1)— in the paragraph heading, by striking and inserting and dating violence ; and , dating violence, and child violence by striking or dating violence and inserting , dating violence, or child violence ; and by adding at the end the following: An act of related conduct that occurs in the Indian country of the participating tribe. A drug offense that occurs in the Indian country of the participating tribe. ; in subsection (d), by striking domestic violence each place it appears and inserting tribal ; in subsection (f)— by striking special domestic violence each place it appears and inserting special tribal ; in paragraph (2), by striking prosecutes and all that follows through the semicolon at the end and inserting the following: “prosecutes— a crime of domestic violence; a crime of dating violence; a crime of child violence; a drug offense; a criminal violation of a protection order; or a crime of related conduct; ; and in paragraph (4), by inserting child violence, related conduct, after dating violence, ; and in subsection (h)— by striking $5,000,000 and inserting $10,000,000 ; and by striking 2014 through 2018 and inserting 2016 through 2020 .
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- Pub. L. 90-284
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