Sec. 113. Offenses in Indian country: trespass on Indian land
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/bill/116/s/210/is/section-113A 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 on Indian land ; Criminal trespass by inserting (referred to in this section as after tribal land ) for Indian use ; by striking Whoever and inserting the following: Whoever ; 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 the Indian country of the Indian tribe because of a criminal conviction or civil adjudication under the laws of the tribal government for a victimless crime such as— criminal street gang activity (as defined under section 521 of this title); or the sale and distribution of controlled substances (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )).
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 not more than $5,000, imprisoned for not more than 1 year, or both. The violation described in paragraph
(2)applies only to an exclusion order— for which— the act occurs in the Indian country of the Indian tribe; the court issuing the exclusion order has jurisdiction over the parties and matter under the law of the Indian tribe; 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 reasonable notice and 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 the Indian country of the 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. For purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce exclusion orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from the Indian country of the Indian tribe, or otherwise within the authority of the Indian tribe. . The table of sections for chapter 53 of title 18, United States Code, is amended by striking the item relating to section 1165 and inserting the following: 1165. Criminal trespass. .
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Sec. 113
Offenses in Indian country: trespass on Indian land
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