Sec. 3. Protection of Native children and Tribal communities
787 words·~4 min read·
/bill/116/s/290/is/section-3A 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 domestic violence ; domestic violence, child violence, and violence against law enforcement officers in subsection (a)— in paragraph (1), by striking means violence and inserting means covered conduct ; in paragraph (2)— by striking means violence and inserting means covered conduct ; and by striking where the violence occurs and inserting where the covered conduct occurs ; 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
(6)and
(7)as paragraphs
(12)and (13), respectively; by redesignating paragraphs
(1)through
(5)as paragraphs
(6)through (10), respectively; by inserting before paragraph
(6)(as redesignated by subparagraph (F)) the following: The term caregiver means— the parent, guardian, or legal custodian of the child; the spouse or intimate partner of a 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 means covered conduct committed against a child by a caregiver of the child. The term covered conduct means conduct that— involves the use, attempted use, or threatened use of physical force against the person or property of another; and violates the criminal law of the Indian tribe that has jurisdiction over the Indian country where the conduct occurs. The term covered individual means an officer or employee of an Indian tribe, 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— engage in or supervise 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; or serve as a probation or pretrial services officer; and carrying out an activity described in paragraph (11)(C). ; and by inserting after paragraph
(10)(as redesignated by subparagraph (F)) the following: The term related conduct means a violation of the criminal law of an Indian tribe that is committed— against a covered individual; by a person— who is subject to special tribal criminal jurisdiction; and has committed criminal conduct that falls into one or more of the categories described in paragraphs
(1)and
(2)of subsection (c); and in the course of resisting or interfering with the prevention, detection, investigation, arrest, pretrial detention, prosecution, adjudication, or sentencing, including the probation, parole, incarceration, or rehabilitation, of that person relating to that criminal conduct. ; in subsection (b)— by striking domestic violence each place it appears and inserting tribal ; and in paragraph (4)(B)(iii), in the matter preceding subclause (I), 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. ; 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 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 “2014 through 2018” and inserting “2020 through 2024”.
Connectionstraces to 1
Traces to 1 document
1 reference not yet in our index
- Pub. L. 90-284
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources