,i #aacth ,,congress #ast ,session ,h4 ,r4 #ghj ,,in ,,the ,,house ,,of ,,representatives ,february #ae1 #bjac ,mr4 ,issa 7for himself1 ,mr4 ,cole1 ,mr4 ,amodei1 ,mr4 ,schweikert1 ,mr4 ,kline1 ,mr4 ,mc,henry1 ,mr4 ,simpson1 and ,mr4 ,denham7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to authorize ,indian tribes to exercise jurisdiction over crimes of domestic violence that occur in the ,indian country of that tribe4 #a4 ,short title ,this ,act may be cited as the ,violence ,against ,indian ,women ,act of #bjac4 #b4 ,tribal jurisdiction over crimes of domestic violence 7a7 ,in general ,title ,,ii of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acja et seq47 7commonly known as the ,indian ,civil ,rights ,act of #aifh7 is amended by adding at the end the following3 #bjd4 ,tribal jurisdiction over crimes of domestic violence 7a7 ,definitions ,in this section3 7#a7 ,dating violence ,the term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim1 as determined by the length of the relationship1 the type of relationship1 and the frequency of interaction between the persons involved in the relationship4 7#b7 ,domestic violence ,the term domestic violence means violence committed by a current or former spouse or intimate partner of the victim1 by a person with whom the victim shares a child in common1 by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner1 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 occurs4 7#c7 ,indian country ,the term ,indian country has the meaning given the term in section #aaea of title #ah1 ,united ,states ,code4 7#d7 ,participating tribe ,the term participating tribe means an ,indian tribe that elects to exercise special domestic violence criminal jurisdiction over the ,indian country of that ,indian tribe4 7#e7 ,protection order ,the term protection order-- 7,a7 means any injunction1 restraining order1 or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against1 sexual violence against1 contact or communication with1 or physical proximity to1 another person2 and 7,b7 includes any temporary or final order issued by a civil or criminal court1 whether obtained by filing an independent action or as a pendente lite order in another proceeding1 if the civil or criminal order was issued in response to a complaint1 petition1 or motion filed by or on behalf of a person seeking protection4 7#f7 ,special domestic violence criminal jurisdiction ,the term special domestic violence criminal jurisdiction means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise4 7#g7 ,spouse or intimate partner ,the term spouse or intimate partner has the meaning given the term in section #bbff of title #ah1 ,united ,states ,code4 7b7 ,nature of the criminal jurisdiction 7#a7 ,in general ,notwithstanding any other provision of law1 in addition to all powers of self-government recognized and affirmed by sections #bja1 #bjb1 and #bjc1 the powers of self-government of a participating tribe include the inherent power of that tribe1 which is hereby recognized and affirmed1 to exercise special domestic violence criminal jurisdiction over all persons4 7#b7 ,concurrent jurisdiction ,the exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the ,united ,states1 of a ,state1 or of both4 7#c7 ,applicability ,nothing in this section-- 7,a7 creates or eliminates any ,federal or ,state criminal jurisdiction over ,indian country2 or 7,b7 affects the authority of the ,united ,states or any ,state government that has been delegated authority by the ,united ,states to investigate and prosecute a criminal violation in ,indian country4 7#d7 ,exceptions 7,a7 ,victim and defendant are both non-,indians 7i7 ,in general ,a participating tribe may not exercise special domestic violence criminal jurisdiction over an alleged offense if neither the defendant nor the alleged victim is an ,indian4 7ii7 ,definition of victim ,in this subparagraph and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a violation of a protection order1 the term victim means a person specifically protected by a protection order that the defendant allegedly violated4 7,b7 ,defendant lacks ties to the ,indian tribe ,a participating tribe may exercise special domestic violence criminal jurisdiction over a defendant only if the defendant-- 7i7 resides in the ,indian country of the participating tribe2 7ii7 is employed in the ,indian country of the participating tribe2 or 7iii7 is a spouse1 intimate partner1 or dating partner of-- 7,i7 a member of the participating tribe2 or 7,,ii7 an ,indian who resides in the ,indian country of the participating tribe4 7c7 ,criminal conduct ,a participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories3 7#a7 ,domestic violence and dating violence ,an act of domestic violence or dating violence that occurs in the ,indian country of the participating tribe4 7#b7 ,violations of protection orders ,an act that-- 7,a7 occurs in the ,indian country of the participating tribe2 and 7,b7 violates the portion of a protection order that-- 7i7 prohibits or provides protection against violent or threatening acts or harassment against1 sexual violence against1 contact or communication with1 or physical proximity to1 another person2 7ii7 was issued against the defendant2 7iii7 is enforceable by the participating tribe2 and 7iv7 is consistent with section #bbfe7;b7 of title #ah1 ,united ,states ,code4 7d7 ,rights of defendants ,in a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction1 the participating tribe shall provide to the defendant-- 7#a7 all applicable rights under this ,act2 7#b7 if a term of imprisonment of any length may be imposed1 all rights described in section #bjb7;c72 7#c7 the right to a trial by an impartial jury that is drawn from sources that-- 7,a7 reflect a fair cross section of the community2 and 7,b7 do not systematically exclude any distinctive group in the community1 including non-,indians2 and 7#d7 all other rights whose protection is necessary under the ,constitution of the ,united ,states in order for ,congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant4 7e7 ,petitions ,to stay detention 7#a7 ,in general ,a person who has filed a petition for a writ of habeas corpus in a court of the ,united ,states under section #bjc may petition that court to stay further detention of that person by the participating tribe4 7#b7 ,grant of stay ,a court shall grant a stay described in paragraph 7#a7 if the court-- 7,a7 finds that there is a substantial likelihood that the habeas corpus petition will be granted2 and 7,b7 after giving each alleged victim in the matter an opportunity to be heard1 finds by clear and convincing evidence that under conditions imposed by the court1 the petitioner is not likely to flee or pose a danger to any person or the community if released4 7#c7 ,notice ,an ,indian tribe that has ordered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section #bjc4 7f7 ,subject to ,removal ,a criminal prosecution commenced in a tribal court under this section may1 pursuant to section #cbde of title #ah1 ,united ,states ,code1 be removed to the ,united ,states district court embracing the place where the criminal prosecution is pending1 and the district court shall have full authority to hear and determine the cause4 7g7 ,grants to tribal governments ,the ,attorney ,general may award grants to the governments of ,indian tribes 7or to authorized designees of those governments7-- 7#a7 to strengthen tribal criminal justice systems to assist ,indian tribes in exercising special domestic violence criminal jurisdiction1 including-- 7,a7 law enforcement 7including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases72 7,b7 prosecution2 7,c7 trial and appellate courts2 7,d7 probation systems2 7,e7 detention and correctional facilities2 7,f7 alternative rehabilitation centers2 7,g7 culturally appropriate services and assistance for victims and their families2 and 7,h7 criminal codes and rules of criminal procedure1 appellate procedure1 and evidence2 7#b7 to provide indigent criminal defendants with the effective assistance of licensed defense counsel1 at no cost to the defendant1 in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order2 7#c7 to ensure that1 in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction1 jurors are summoned1 selected1 and instructed in a manner consistent with all applicable requirements2 and 7#d7 to accord victims of domestic violence1 dating violence1 and violations of protection orders rights that are similar to the rights of a crime victim described in section #cgga7;a7 of title #ah1 ,united ,states ,code1 consistent with tribal law and custom4 7h7 ,supplement1 not supplant ,amounts made available under this section shall supplement and not supplant any other ,federal1 ,state1 tribal1 or local government amounts made available to carry out activities described in this section4 7i7 ,authorization of ,appropriations ,there are authorized to be appropriated #e1jjj1jjj for each of fiscal years #bjad through #bjah to carry out subsection 7g7 and to provide training1 technical assistance1 data collection1 and evaluation of the criminal justice systems of participating tribes4 4 7b7 ,clerical amendment ,the table of sections for title ,,ii of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acja et seq47 is amended by inserting after the item relating to section #bjc the following3 ,sec4 #bjd4 ,tribal jurisdiction over crimes of domestic violence4 4 #c4 ,removal of criminal prosecutions 7a7 ,in general ,chapter #baa of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #cbde4 ,federal removal jurisdiction to protect the rights of defendants under section #bjd of the ,indian ,civil ,rights ,act4 7a7 ,notice of removal ,a defendant desiring to remove a criminal prosecution from a tribal court pursuant to section #bjd7;f7 of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;f77 shall file in the district court of the ,united ,states for the district and division within which such prosecution is pending a notice of removal signed pursuant to ,rule #aa of the ,federal ,rules of ,civil ,procedure and containing a short and plain statement of the grounds for removal under subsection 7b71 together with a copy of all process1 pleadings1 and orders served upon such defendant or defendants in such action4 7b7 ,grounds for removal ,no criminal prosecution under section #bjd of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7 shall be removed unless the defendant can prove by clear and convincing evidence that a right guaranteed them under section #bjd7;d7 of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;d771 has been violated1 the tribal court has failed to adequately remedy the violation1 and the violation is prejudicial to the defendant4 7c7 ,requirements 7#a7 ,a notice of removal of a criminal prosecution under section #bjd7;f7 of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;f77 shall be filed not later than #cj days after the arraignment in the tribal court1 or at any time before trial1 whichever is earlier1 except that for good cause shown the ,united ,states district court may enter an order granting the defendant or defendants leave to file the notice at a later time4 7#b7 ,a notice of removal of a criminal prosecution under section #bjd7;f7 of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;f77 shall include all grounds for such removal4 ,a failure to state grounds that exist at the time of the filing of the notice shall constitute a waiver of such grounds1 and a second notice may be filed only on grounds not existing at the time of the original notice4 ,for good cause shown1 the ,united ,states district court may grant relief from the limitations of this paragraph4 7#c7 ,the filing of a notice of removal of a criminal prosecution under section #bjd7;f7 of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;f77 shall not prevent the tribal court in which such prosecution is pending from proceeding further1 except that a judgment of conviction shall not be entered unless the prosecution is first remanded4 7#d7 ,the ,united ,states district court in which such notice is filed shall examine the notice promptly4 ,if it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted1 the court shall make an order for summary remand4 7#e7 ,if the ,united ,states district court does not order the summary remand of such prosecution1 it shall order an evidentiary hearing to be held promptly and1 after such hearing1 shall make such disposition of the prosecution as justice shall require4 ,if the ,united ,states district court determines that removal shall be permitted1 it shall so notify the tribal court in which prosecution is pending1 which shall proceed no further4 7d7 ,writ of habeas corpus ,if the defendant or defendants are in actual custody on process issued by the tribal court1 the district court shall issue its writ of habeas corpus1 and the marshal shall thereupon take such defendant or defendants into the marshal's custody and deliver a copy of the writ to the clerk of such tribal court4 7e7 ,special ,assistant ,united ,states ,attorneys ,to assist in implementing this section and section #bjd7;f7 of the ,indian ,civil ,rights ,act of #aifh 7#be ,u4,s4,c4 #acjd7;f77 and in prosecuting crimes of domestic violence and dating violence in ,indian country1 each ,united ,states ,attorney serving a district that includes ,indian country is authorized and encouraged to appoint qualified tribal prosecutors as ,special ,assistant ,united ,states ,attorneys pursuant to section #ac7;d7 of the ,indian ,law ,enforcement ,reform ,act 7#be ,u4,s4,c4 #bhaj7;d77 and section #edc7;a7 of title #bh1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the table of sections for chapter #baa of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #cbdd the following3 #cbde4 ,federal removal jurisdiction to protect the rights of defendants under section #bjd of the ,indian ,civil ,rights ,act44 4