Sec. 110. Offenses in Indian country: trespass on Indian land
401 words·~2 min read·
/bill/114/s/2920/is/section-110A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1165 of title 18, United States Code, is amended— in the section heading, by striking and inserting Hunting, trapping, or fishing ; Criminal trespass by inserting (referred to in this section as after tribal land ) for Indian use ; by striking Whoever, without lawful authority and inserting the following: Whoever, without lawful authority ; and by adding at the end the following: In this subsection, the term exclusion order means an order issued in a proceeding by a court of an Indian tribe that temporarily or permanently excludes a person from tribal land because of a conviction under the criminal laws of the tribal government— for a violent crime (as defined under applicable tribal law); or for the sale or distribution of controlled substances.
It shall be unlawful for any person to knowingly violate the terms of an exclusion order that was issued by a court of an Indian tribe in accordance with paragraph (4). Any person who violates paragraph
(2)shall be fined up to $5,000 or imprisoned for up to 1 year, or both. The violation described in paragraph
(2)applies only to an exclusion order— for which— the respondent was served with, or had actual notice of, the underlying complaint; and the underlying complaint included— a plain statement of facts that, if true, would provide the basis for the issuance of an exclusion order against the respondent; the date, time, and place for a hearing on the complaint; and a statement informing the respondent that if the respondent fails to appear at the hearing on the complaint, an order may issue, the violation of which may result in— criminal prosecution under Federal law; and the imposition of a fine or imprisonment, or both; for which a hearing on the underlying complaint sufficient to protect the right of the respondent to due process was held on the record, at which the respondent was provided an opportunity to be heard and present testimony of witnesses and other evidence as to why the order should not issue; that— temporarily or permanently excludes the respondent from tribal land under the jurisdiction of the applicable Indian tribe; and includes a statement that a violation of the order may result in criminal prosecution under Federal law and the imposition of a fine or imprisonment, or both; and with which the respondent was served or of which the respondent had actual notice. .