Sec. 903. Tribal jurisdiction over covered crimes
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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 section heading— by striking ; and of domestic violence by inserting before covered ; crimes in subsection (a)— by striking paragraph (2); by redesignating paragraphs (1), (3), (4), (5), (6), and
(7)as paragraphs (6), (8), (10), (11), (14), and (15), respectively; and by inserting before paragraph
(6)(as so redesignated) the following: The term assault of tribal justice personnel 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 officer, a correctional officer, or an individual authorized to act for or on behalf of an Indian tribe or serving an Indian tribe, who is authorized under law to and engaging in the prevention, detection, investigation, arrest, pretrial detention, prosecution, or adjudication of an offense or the sentencing, including the probation, parole, incarceration, or rehabilitation, of an individual. The term child means a person who has not attained the lesser of— the age of 18; and except in the case of sexual abuse, the age specified by the child protection law of the Indian tribe that has jurisdiction over the Indian country where the child resides. The term child violence means the use, threatened use, or attempted use of violence against a child proscribed by the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. 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 covered crime means— assault of tribal justice personnel; child violence; dating violence; domestic violence; obstruction of justice; sexual violence; sex trafficking; stalking; and a violation of a protection order. ; in paragraph
(6)(as so redesignated), by striking violence committed and inserting the use, threatened use, or attempted use of violence that is committed ; by inserting after paragraph
(6)(as so redesignated) the following: The term domestic violence means the use, threatened use, or attempted use of violence that is— proscribed by the Indian tribe that has jurisdiction over the Indian country where the violation occurs; and committed by— a current or former spouse or intimate partner of the victim; a person with whom the victim shares a child in common; a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs; or a person against an adult or child victim who is protected from the acts of that person under the domestic- or family-violence laws of the Indian tribe that has jurisdiction over the Indian country where the violation occurs. ; by inserting after paragraph
(8)(as so 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 that involves interfering with the administration or due process of the laws of the Indian tribe, including any tribal criminal proceeding or investigation of a crime. ; in paragraph
(10)(as so redesignated), by striking domestic violence and inserting tribal ; by inserting after paragraph
(11)(as so 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 benefitting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in clause (i); and carried out with the knowledge, or, except if the act constituting the violation of subparagraph (A)(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. The term sexual violence means any nonconsensual sexual act of 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. ; in paragraph
(14)(as so redesignated)— in the paragraph heading, by striking and inserting domestic violence ; and tribal by striking domestic violence and inserting tribal ; and 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 safety of the person or the safety of others; or to suffer substantial emotional distress. The term violation of a protection order means an act that— occurs in the Indian country of the participating tribe; and violates a provision of a protection order that— prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; was issued against the defendant; is enforceable by the participating tribe; and is consistent with section 2265(b) of title 18, United States Code. ; in subsection (b)— by striking domestic violence each place the term appears and inserting tribal ; in paragraph (1), by inserting , including any participating tribe in the State of Maine, before include ; and in paragraph (4)— in subparagraph (A)(i), by inserting , other than obstruction of justice or assault of tribal justice personnel, after offense ; 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 ; or ; and by adding at the end the following: is being prosecuted for a covered crime. ; by striking subsection
(c)and inserting the following: A participating tribe may exercise special tribal criminal jurisdiction over a defendant for a covered crime that occurs in the Indian country of the participating tribe. ; in subsection (d), by striking domestic violence each place the term appears and inserting tribal ; and by striking subsections
(f)through
(h)and inserting the following: In this subsection: The term Native village has the meaning given the term in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). The term village area means the Alaska Native Village Statistical Area covering all or any portion of a Native village. The Attorney General shall establish a pilot program for Native villages in Alaska to exercise special tribal criminal jurisdiction in village areas. The Attorney General shall model the pilot program established under paragraph
(2)on the special tribal criminal jurisdiction established under this section. The Attorney General shall ensure that Native villages selected to participate in the pilot program established under paragraph (2)— are predominantly composed of Indians; lack a permanent State law enforcement presence; and meet such other criteria as the Attorney General considers appropriate to carry out the purposes of this subsection. The Attorney General may reimburse governments of Indian tribes (or authorized designees of those governments) for expenses incurred in exercising special tribal criminal jurisdiction. Eligible expenses for reimbursement shall include— expenses incurred to arrest or prosecute offenders and to detain inmates, including costs associated with providing health care; expenses relating to indigent defense services; and costs associated with probation and rehabilitation services. Not later than 1 year after the date of enactment of this subparagraph, the Attorney General shall, after consultation with Indian tribes, promulgate regulations to carry out this paragraph that set the maximum allowable reimbursements under this paragraph. The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)— to strengthen tribal criminal justice systems to assist Indian tribes in exercising special tribal criminal jurisdiction, including— law enforcement, including the capacity of law enforcement, court personnel, or other non-law enforcement entities that have no Federal or State arrest authority but have been designated by an Indian tribe as responsible for maintaining public safety within its territorial jurisdiction, to enter information into and obtain information from national crime information databases; prosecution; trial and appellate courts, including facilities construction; probation systems; detention and correctional facilities, including facilities construction; alternative rehabilitation centers; culturally appropriate services and assistance for victims and their families; and criminal codes and rules of criminal procedure, appellate procedure, and evidence; to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes covered crimes; to ensure that, in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and to accord victims of covered crimes rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom. Amounts made available under subsection (g)(2) shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section. There is authorized to be appropriated $7,000,000 for each of fiscal years 2021 through 2025 to carry out subsections
(f)and
(g)and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. Of the funds appropriated under this section for each fiscal year— not less than 25 percent shall be used for the purposes described in subsection (g)(1); and not less than 25 percent shall be used for the purposes described in subsection (g)(2). .
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- Pub. L. 90-284
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