,,ii #aagth ,,congress #ast ,session ,s4 #ccbh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #g1 #bjba,ms4 ,smith 7for herself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,indian ,civil ,rights ,act of #aifh to extend the jurisdiction of tribal courts to cover crimes involving sexual violence1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,justice for ,native ,survivors of ,sexual ,violence ,act4 #b4 ,tribal jurisdiction over covered crimes ,section #bjd of ,public ,law #ij-bhd 7#be ,u4,s4,c4 #acjd7 7commonly known as the ,indian ,civil ,rights ,act of #aifh7 is amended-- 7#a7 in the section heading1 by striking crimes of domestic violence and inserting covered crimes2 7#b7 in subsection 7a7-- 7,a7 by striking paragraph 7#b72 7,b7 by redesignating paragraphs 7#a71 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#c71 7#e71 7#g71 7#h71 7#aa71 and 7#ab71 respectively2 7,c7 by inserting before paragraph 7#c7 7as so redesignated7 the following3 7#a7 ,coercion2 commercial sex act ,the terms coercion and commercial sex act have the meanings given the terms in section #aeia7;e7 of title #ah1 ,united ,states ,code4 7#b7 ,covered crime ,the term covered crime means-- 7,a7 dating violence2 7,b7 domestic violence2 7,c7 obstruction of justice2 7,d7 sexual violence2 7,e7 sex trafficking2 7,f7 stalking2 and 7,g7 a violation of a protection order4 2 7,d7 in paragraph 7#c7 7as so redesignated71 by striking violence committed and inserting any violation of the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs that is committed2 7,e7 by inserting after paragraph 7#c7 7as so redesignated7 the following3 7#d7 ,domestic violence ,the term domestic violence means any violation of the criminal law of the ,indian tribe that has jurisdiction over the ,indian country where the violation occurs that is committed by-- 7,a7 a current or former spouse or intimate partner of the victim2 7,b7 a person with whom the victim shares a child in common2 7,c7 a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner2 7,d7 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 occurs2 or 7,e7 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 occurs4 2 7,f7 by inserting after paragraph 7#e7 7as so redesignated7 the following3 7#f7 ,obstruction of justice ,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 that involves interfering with the administration or due process of the laws of the ,indian tribe1 including any tribal criminal proceeding or investigation of a crime4 2 7,g7 in paragraph 7#g7 7as so redesignated71 by striking domestic violence and inserting tribal2 7,h7 by inserting after paragraph 7#h7 7as so redesignated7 the following3 7#i7 ,sex trafficking ,the term sex trafficking means conduct-- 7,a7 consisting of-- 7i7 recruiting1 enticing1 harboring1 transporting1 providing1 obtaining1 advertising1 maintaining1 patronizing1 or soliciting by any means a person2 or 7ii7 benefitting1 financially or by receiving anything of value1 from participation in a venture that has engaged in an act described in clause 7i72 and 7,b7 carried out with the knowledge1 or1 except if the act constituting the violation of subparagraph 7,a77i7 is advertising1 in reckless disregard of the fact1 that-- 7i7 means of force1 threats of force1 fraud1 coercion1 or any combination of such means will be used to cause the person to engage in a commercial sex act2 or 7ii7 the person has not attained the age of #ah years and will be caused to engage in a commercial sex act4 7#aj7 ,sexual violence ,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 occurs1 including in any case in which the victim lacks the capacity to consent to the act4 2 7,i7 in paragraph 7#aa7 7as so redesignated7-- 7i7 in the paragraph heading1 by striking domestic violence and inserting tribal2 and 7ii7 by striking domestic violence and inserting tribal2 and 7,j7 by adding at the end the following3 7#ac7 ,stalking ,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-- 7,a7 to fear for the safety of the person or the safety of others2 or 7,b7 to suffer substantial emotional distress4 7#ad7 ,violation of a protection order ,the term violation of a protection order means an act that-- 7,a7 occurs in the ,indian country of the participating tribe2 and 7,b7 violates a provision 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 2 7#c7 in subsection 7b7-- 7,a7 by striking domestic violence each place the term appears and inserting tribal2 7,b7 in paragraph 7#a71 by inserting 1 including any participating tribe in the ,state of ,maine1 before include2 and 7,c7 in paragraph 7#d7-- 7i7 by striking subparagraph 7,b72 7ii7 by striking the paragraph designation and heading and all that follows through ,a participating in clause 7i7 of subparagraph 7,a7 and inserting the following3 7#d7 ,exception for non-,indian victim and defendant 7,a7 ,in general ,a participating 2 7iii7 in clause 7ii71 by striking the clause designation and heading and all that follows through ,in this subparagraph and inserting the following3 7,b7 ,definition of victim ,in this paragraph 2 7#d7 by striking subsection 7c7 and inserting the following3 7c7 ,criminal conduct ,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 tribe4 2 7#e7 in subsection 7d71 by striking domestic violence each place the term appears and inserting tribal2 and 7#f7 by striking subsections 7f7 through 7h7 and inserting the following3 7f7 ,grants and reimbursement to ,tribal governments 7#a7 ,reimbursement 7,a7 ,in general ,the ,attorney ,general may reimburse governments of ,indian tribes 7or authorized designees of those governments7 for expenses incurred in exercising special tribal criminal jurisdiction4 7,b7 ,eligible expenses ,eligible expenses for reimbursement shall include-- 7i7 expenses incurred to arrest or prosecute offenders and to detain inmates1 including costs associated with providing health care2 7ii7 expenses relating to indigent defense services2 and 7iii7 costs associated with probation and rehabilitation services4 7,c7 ,regulations ,not later than #a year after the date of enactment of the ,justice for ,native ,survivors of ,sexual ,violence ,act1 the ,attorney ,general shall1 after consultation with ,indian tribes1 promulgate regulations to carry out this paragraph that set the maximum allowable reimbursements under this paragraph4 7#b7 ,grants ,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 tribal criminal jurisdiction1 including-- 7i7 law enforcement1 including the capacity of law enforcement1 court personnel1 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 jurisdiction1 to enter information into and obtain information from national crime information databases2 7ii7 prosecution2 7iii7 trial and appellate courts1 including facilities construction2 7iv7 probation systems2 7v7 detention and correctional facilities1 including facilities construction2 7vi7 alternative rehabilitation centers2 7vii7 culturally appropriate services and assistance for victims and their families2 and 7viii7 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 covered crimes2 7,c7 to ensure that1 in criminal proceedings in which a participating tribe exercises special tribal criminal jurisdiction1 jurors are summoned1 selected1 and instructed in a manner consistent with all applicable requirements2 and 7,d7 to accord victims of covered crimes 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 7g7 ,supplement1 not supplant ,amounts made available under subsection 7f77#b7 shall supplement and not supplant any other ,federal1 ,state1 or local government amounts made available to carry out activities described in this section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out subsection 7f7 and to provide training1 technical assistance1 data collection1 and evaluation of the criminal justice systems of participating tribes4 7i7 ,use of funds ,of the funds appropriated under this section for each fiscal year-- 7#a7 not less than #be percent shall be used for the purposes described in subsection 7f77#a72 and 7#b7 not less than #be percent shall be used for the purposes described in subsection 7f77#b74 4