Sec. 903. Tribal jurisdiction over crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or corrections officer
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Section 204 of Public Law 90–284 ( 25 U.S.C. 1304 ) (commonly known as the Indian Civil Rights Act of 1968 ) is amended— in the heading, by striking and inserting crimes of domestic violence ; crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement or corrections officer in paragraph (6), in the heading, by striking and inserting special domestic violence criminal jurisdiction ; special tribal criminal jurisdiction by striking special domestic violence criminal jurisdiction each place such term appears and inserting special tribal criminal jurisdiction ; in subsection (a)— by adding at the end the following:
The term stalking means engaging in a course of conduct directed at a specific person proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that would cause a reasonable person to— fear for the person’s safety or the safety of others; or suffer substantial emotional distress. ; by redesignating paragraphs
(6)and
(7)as paragraphs
(10)and (11); by inserting before paragraph
(10)(as redesignated) the following: The term sex trafficking means conduct— consisting of— recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in subclause (I); and carried out with the knowledge, or, except where the act constituting the violation of clause
(i)is advertising, in reckless disregard of the fact, that— means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. In this paragraph, the terms coercion and commercial sex act have the meanings given the terms in section 1591(e) of title 18, United States Code. The term sexual violence means any nonconsensual sexual act or contact proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, including in any case in which the victim lacks the capacity to consent to the act. ; by redesignating paragraphs
(4)and
(5)as paragraphs
(6)and (7); by redesignating paragraphs
(1)through
(3)as paragraphs
(2)through (4); in paragraph
(3)(as redesignated), to read as follows: The term domestic violence means violence— committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family-violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs; or committed against a victim who is a child under the age of 18, or an elder (as such term is defined by tribal law) who resides or has resided in the same household as the defendant. ; by inserting before paragraph
(2)(as redesignated), the following: The term assault of a law enforcement or correctional officer means any criminal violation of the law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that involves the threatened, attempted, or actual harmful or offensive touching of a law enforcement or correctional officer. ; and by inserting after paragraph
(4)(as redesignated), the following: The term obstruction of justice means any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs, and the violation involves interfering with the administration or due process of the tribe’s laws including any tribal criminal proceeding or investigation of a crime. ; in subsection (b)(1), by inserting after the powers of self-government of a participating tribe the following: , including any participating tribes in the State of Maine, ; in subsection (b)(4)— in subparagraph (A)(i), by inserting after over an alleged offense the following: , other than obstruction of justice or an act of assault of a law enforcement or corrections officer, ; and in subparagraph (B)— in clause (ii), by striking or at the end; in clause (iii)(II), by striking the period at the end and inserting the following: ; or ; and by adding at the end the following: is being prosecuted for a crime of sexual violence, stalking, sex trafficking, obstructing justice, or assaulting a police or corrections officer under the laws of the prosecuting tribe. ; in subsection (c)— in the matter preceding paragraph (1), by striking domestic violence and inserting tribal ; and in paragraph (1)— in the paragraph heading, by striking and inserting and dating violence ; and , dating violence, obstruction of justice, sexual violence, stalking, sex trafficking, or assault of a law enforcement or corrections officer by striking or dating violence and inserting , dating violence, obstruction of justice, sexual violence, stalking, sex trafficking, or assault of a law enforcement or corrections officer ; 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 criminal violation of a protection order; a crime of sexual violence; a crime of stalking; a crime of sex trafficking; a crime of obstruction of justice; or a crime of assault of a law enforcement or correctional officer. ; in paragraph (4), by inserting sexual violence, stalking, sex trafficking, assault of a law enforcement or correctional officer, after dating violence, ; and by adding at the end the following: to create a pilot project to allow up to five Indian tribes in Alaska to implement special tribal criminal jurisdiction. ; by redesignating subsections
(g)and
(h)as subsections
(h)and (i), respectively; by inserting after subsection
(f)the following: For purposes of the pilot project described in subsection (f)(5), the definition of Indian country shall include Alaska Native-owned Townsites, Allotments, and former reservation lands acquired in fee by Alaska Native Village Corporations pursuant to the Alaska Native Claims Settlement Act ( 43 U.S.C. 33 ) and other lands transferred in fee to Native villages. ; and in subsection
(i)(as redesignated) by striking fiscal years 2014 through 2018 and inserting fiscal years 2020 through 2024 .
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- Pub. L. 90-284
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Sec. 903
Tribal jurisdiction over crimes of domestic violence, dating violence, obstruction of justice, sexual violence, sex trafficking, stalking, and assault of a law enforcement officer or corrections officer
Pub. L.Pub. L. 90-284
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