[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Reported in Senate (RS)]
Calendar No. 579
112th CONGRESS
2d Session
S. 1763
[Report No. 112-265]
To decrease the incidence of violent crimes against Indian women, to
strengthen the capacity of Indian tribes to exercise the sovereign
authority of Indian tribes to respond to violent crimes committed
against Indian women, and to ensure that perpetrators of violent crimes
committed against Indian women are held accountable for that criminal
behavior, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 31, 2011
Mr. Akaka (for himself, Mr. Franken, Mr. Udall of New Mexico, Mr.
Inouye, Mr. Begich, Mrs. Murray, Mr. Johnson of South Dakota, Mr.
Bingaman, Mr. Tester, Mr. Baucus, Mr. Conrad, Mr. Reid, Ms. Murkowski,
Mr. Crapo, and Mr. Sanders) introduced the following bill; which was
read twice and referred to the Committee on Indian Affairs
December 27, 2012
Reported by Mr. Akaka, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To decrease the incidence of violent crimes against Indian women, to
strengthen the capacity of Indian tribes to exercise the sovereign
authority of Indian tribes to respond to violent crimes committed
against Indian women, and to ensure that perpetrators of violent crimes
committed against Indian women are held accountable for that criminal
behavior, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Stand
Against Violence and Empower Native Women Act'' or the ``SAVE Native
Women Act''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents for this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>TITLE I--GRANT PROGRAMS
<DELETED>Sec. 101. Grants to Indian tribal governments.
<DELETED>Sec. 102. Tribal coalition grants.
<DELETED>Sec. 103. Consultation.
<DELETED>Sec. 104. Analysis and research on violence against women.
<DELETED>Sec. 105. Definitions.
<DELETED>TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES
<DELETED>Sec. 201. Tribal jurisdiction over crimes of domestic
violence.
<DELETED>Sec. 202. Tribal protection orders.
<DELETED>Sec. 203. Amendments to the Federal assault statute.
<DELETED>Sec. 204. Effective dates; pilot project.
<DELETED>Sec. 205. Other amendments.
<DELETED>TITLE III--INDIAN LAW AND ORDER COMMISSION
<DELETED>Sec. 301. Indian Law and Order Commission.
<DELETED>TITLE I--GRANT PROGRAMS</DELETED>
<DELETED>SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS.</DELETED>
<DELETED> Section 2015(a) of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended--
</DELETED>
<DELETED> (1) in paragraph (2), by inserting ``sex
trafficking,'' after ``sexual assault,'';</DELETED>
<DELETED> (2) in paragraph (4), by inserting ``sex
trafficking,'' after ``sexual assault,'';</DELETED>
<DELETED> (3) in paragraph (5), by inserting ``sexual
assault, sex trafficking,'' after ``dating
violence,'';</DELETED>
<DELETED> (4) in paragraph (7)--</DELETED>
<DELETED> (A) by inserting ``sex trafficking,''
after ``sexual assault,'' each place it appears;
and</DELETED>
<DELETED> (B) by striking ``and'' at the
end;</DELETED>
<DELETED> (5) in paragraph (8)--</DELETED>
<DELETED> (A) by inserting ``sex trafficking,''
after ``stalking,''; and</DELETED>
<DELETED> (B) by striking the period at the end and
inserting a semicolon; and</DELETED>
<DELETED> (6) by adding at the end the following:</DELETED>
<DELETED> ``(9) provide services to address the needs of
youth who are victims of domestic violence, dating violence,
sexual assault, sex trafficking, or stalking and the needs of
children exposed to domestic violence, dating violence, sexual
assault, sex trafficking, or stalking, including support for
the nonabusing parent or the caretaker of the child;
and</DELETED>
<DELETED> ``(10) develop and promote legislation and
policies that enhance best practices for responding to violent
crimes against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex trafficking, and
stalking.''.</DELETED>
<DELETED>SEC. 102. TRIBAL COALITION GRANTS.</DELETED>
<DELETED> Section 2001 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by striking
subsection (d) and inserting the following:</DELETED>
<DELETED> ``(d) Tribal Coalition Grants.--</DELETED>
<DELETED> ``(1) Purpose.--The Attorney General shall award a
grant to each established tribal coalition for purposes of--
</DELETED>
<DELETED> ``(A) increasing awareness of domestic
violence and sexual assault against Indian
women;</DELETED>
<DELETED> ``(B) enhancing the response to violence
against Indian women at the Federal, State, and tribal
levels;</DELETED>
<DELETED> ``(C) identifying and providing technical
assistance to coalition membership and tribal
communities to enhance access to essential services to
Indian women victimized by domestic and sexual
violence, including sex trafficking; and</DELETED>
<DELETED> ``(D) assisting Indian tribes in
developing and promoting legislation and policies that
enhance best practices for responding to violent crimes
against Indian women, including the crimes of domestic
violence, dating violence, sexual assault, sex
trafficking, and stalking.</DELETED>
<DELETED> ``(2) Grants.--</DELETED>
<DELETED> ``(A) In general.--Subject to subparagraph
(B), the Attorney General shall award grants on annual
basis under paragraph (1) to--</DELETED>
<DELETED> ``(i) each tribal coalition that--
</DELETED>
<DELETED> ``(I) meets the criteria
of a tribal coalition under section
40002(a) of the Violence Against Women
Act of 1994 (42 U.S.C.
13925(a));</DELETED>
<DELETED> ``(II) is recognized by
the Office on Violence Against Women;
and</DELETED>
<DELETED> ``(III) provides services
to Indian tribes; and</DELETED>
<DELETED> ``(ii) organizations that propose
to incorporate and operate a tribal coalition
in areas where Indian tribes are located but no
tribal coalition exists.</DELETED>
<DELETED> ``(B) Restriction.--An organization
described in subparagraph (A)(ii) shall use a grant
under this subsection to support the planning and
development of a tribal coalition, subject to the
condition that any amounts provided to the organization
under this subsection that remain unobligated on
September 30 of each fiscal year for which amounts are
made available under paragraph (3) shall be
redistributed in the subsequent fiscal year by the
Attorney General to tribal coalitions described in
subparagraph (A)(i).</DELETED>
<DELETED> ``(3) Use of amounts.--For each of fiscal years
2013 through 2017, of the amounts appropriated to carry out
this subsection--</DELETED>
<DELETED> ``(A) 10 percent shall be made available
to organizations described in paragraph (2)(A)(ii);
and</DELETED>
<DELETED> ``(B) 90 percent shall be made available
to tribal coalitions described in paragraph (2)(A)(i),
which amounts shall be distributed equally among each
eligible tribal coalition for the applicable fiscal
year.</DELETED>
<DELETED> ``(4) Duration.--A grant under this subsection
shall be awarded for a period of 1 year.</DELETED>
<DELETED> ``(5) Eligibility for other grants.--Receipt of an
award under this subsection by a tribal coalition shall not
preclude the tribal coalition from receiving additional grants
under this title to carry out the purposes described in
paragraph (1).</DELETED>
<DELETED> ``(6) Multiple purpose applications.--Nothing in
this subsection prohibits any tribal coalition or organization
described in paragraph (2)(A) from applying for funding to
address sexual assault or domestic violence needs in the same
application.''.</DELETED>
<DELETED>SEC. 103. CONSULTATION.</DELETED>
<DELETED> Section 903 of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
</DELETED>
<DELETED> (1) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``and the Violence Against
Women Act of 2000'' and inserting ``, the Violence
Against Women Act of 2000''; and</DELETED>
<DELETED> (B) by inserting ``, and the Stand Against
Violence and Empower Native Women Act'' before the
period at the end;</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in the matter preceding paragraph (1),
by striking ``the Secretary of the Department of Health
and Human Services and'' and inserting ``the Secretary
of Health and Human Services, the Secretary of the
Interior, and''; and</DELETED>
<DELETED> (B) in paragraph (2), by inserting ``sex
trafficking,'' after ``sexual assault,''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(c) Notice.--Not later than 120 days before the date of
a consultation under subsection (a), the Attorney General shall notify
tribal leaders of the date, time, and location of the
consultation.''.</DELETED>
<DELETED>SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST
WOMEN.</DELETED>
<DELETED> Section 904(a) of the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10
note) is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) by striking ``The National'' and
inserting ``Not later than 2 years after the date of
enactment of the Stand Against Violence and Empower
Native Women Act, the National''; and</DELETED>
<DELETED> (B) by inserting ``and in Native
villages'' before the period at the end;</DELETED>
<DELETED> (2) in paragraph (2)(A)--</DELETED>
<DELETED> (A) in clause (iv), by striking ``and'' at
the end;</DELETED>
<DELETED> (B) in clause (v), by striking the period
at the end and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(vi) sex
trafficking.'';</DELETED>
<DELETED> (3) in paragraph (4), by striking ``this Act'' and
inserting ``the Stand Against Violence and Empower Native Women
Act''; and</DELETED>
<DELETED> (4) in paragraph (5), by striking ``this section
$1,000,000 for each of fiscal years 2007 and 2008'' and
inserting ``this subsection $1,000,000 for each of fiscal years
2012 and 2013''.</DELETED>
<DELETED>SEC. 105. DEFINITIONS.</DELETED>
<DELETED> Section 40002(a) of the Violence Against Women Act of 1994
(42 U.S.C. 13925(a)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (18) through (22)
and (23) through (37) as paragraphs (19) through (23) and (25)
through (39), respectively;</DELETED>
<DELETED> (2) by inserting after paragraph (17) the
following:</DELETED>
<DELETED> ``(18) Native village.--The term `Native village'
has the meaning given that term in section 3 of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602).'';</DELETED>
<DELETED> (3) in paragraph (22) (as redesignated by
paragraph (1))--</DELETED>
<DELETED> (A) in subparagraph (A), by striking
``or'' at the end;</DELETED>
<DELETED> (B) in subparagraph (B), by striking the
period at the end and inserting ``; or''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(C) an area or community under the
jurisdiction of a federally recognized Indian
tribe.'';</DELETED>
<DELETED> (4) by inserting after paragraph (23) (as
redesignated by paragraph (1)) the following:</DELETED>
<DELETED> ``(24) Sex trafficking.--The term `sex
trafficking' means any conduct proscribed by section 1591 of
title 18, United States Code, regardless of whether the conduct
occurs in interstate or foreign commerce or within the special
maritime and territorial jurisdiction of the United States.'';
and</DELETED>
<DELETED> (5) by striking paragraph (31) (as redesignated by
paragraph (1)) and inserting the following:</DELETED>
<DELETED> ``(31) Tribal coalition.--The term `tribal
coalition' means an established nonprofit, nongovernmental
Indian organization established to provide services on a
statewide, regional, or customary territory basis that--
</DELETED>
<DELETED> ``(A) provides education, support, and
technical assistance to Indian service providers in a
manner that enables the providers to establish and
maintain culturally appropriate services, including
shelter and rape crisis services, designed to assist
Indian women and the dependents of those women who are
victims of domestic violence, dating violence, sexual
assault, and stalking;</DELETED>
<DELETED> ``(B) is comprised of board and general
members that are representative of--</DELETED>
<DELETED> ``(i) the service providers
described in subparagraph (A); and</DELETED>
<DELETED> ``(ii) the tribal communities in
which the services are being
provided;</DELETED>
<DELETED> ``(C) serves as an information
clearinghouse and resource center for Indian programs
addressing domestic violence and sexual
assault;</DELETED>
<DELETED> ``(D) supports the development of
legislation, policies, protocols, procedures, and
guidance to enhance domestic violence and sexual
assault intervention and prevention efforts in Indian
tribes and communities to be served; and</DELETED>
<DELETED> ``(E) has expertise in the development of
Indian community-based, linguistically, and culturally
specific outreach and intervention services for the
Indian communities to be served.''.</DELETED>
<DELETED>TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES</DELETED>
<DELETED>SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.</DELETED>
<DELETED> Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.)
(commonly known as the ``Indian Civil Rights Act of 1968'') is amended
by adding at the end the following:</DELETED>
<DELETED>``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC
VIOLENCE.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) 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
victim, as determined by the length of the relationship, the
type of relationship, and the frequency of interaction between
the persons involved in the relationship.</DELETED>
<DELETED> ``(2) Domestic violence.--The term `domestic
violence' means violence committed by a current or former
spouse of the victim, by a person with whom the victim shares a
child in common, by a person who is cohabitating with or has
cohabitated with the victim as a spouse, or by 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 violence
occurs.</DELETED>
<DELETED> ``(3) Indian country.--The term `Indian country'
has the meaning given the term in section 1151 of title 18,
United States Code.</DELETED>
<DELETED> ``(4) 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 tribe.</DELETED>
<DELETED> ``(5) Protection order.--The term `protection
order' means any injunction, restraining order, or other order
issued by a civil or criminal court for the purpose of
preventing violent or threatening acts or harassment against,
sexual violence against, contact or communication with, or
physical proximity to, another person, including any temporary
or final order issued by a civil or criminal court, whether
obtained by filing an independent action or as a pendente lite
order in another proceeding, so long as the civil or criminal
order was issued in response to a complaint, petition, or
motion filed by or on behalf of a person seeking
protection.</DELETED>
<DELETED> ``(6) 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 exercise.</DELETED>
<DELETED> ``(7) Spouse or intimate partner.--The term
`spouse or intimate partner' has the meaning given the term in
section 2266 of title 18, United States Code.</DELETED>
<DELETED> ``(b) Nature of the Criminal Jurisdiction.--</DELETED>
<DELETED> ``(1) In general.--Notwithstanding any other
provision of law, in addition to all powers of self-government
recognized and affirmed by this Act, the powers of self-
government of a participating tribe include the inherent power
of that tribe, which is hereby recognized and affirmed, to
exercise special domestic violence criminal jurisdiction over
all persons.</DELETED>
<DELETED> ``(2) Concurrent jurisdiction.--A participating
tribe shall exercise special domestic violence criminal
jurisdiction concurrently, not exclusively.</DELETED>
<DELETED> ``(3) Applicability.--Nothing in this section--
</DELETED>
<DELETED> ``(A) creates or eliminates any Federal or
State criminal jurisdiction over Indian country;
or</DELETED>
<DELETED> ``(B) 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
country.</DELETED>
<DELETED> ``(c) Criminal Conduct.--A participating tribe may
exercise special domestic violence criminal jurisdiction over a
defendant for criminal conduct that falls into 1 or more of the
following categories:</DELETED>
<DELETED> ``(1) Domestic violence and dating violence.--An
act of domestic violence or dating violence that occurs in the
Indian country of the participating tribe.</DELETED>
<DELETED> ``(2) Violations of protection orders.--An act
that--</DELETED>
<DELETED> ``(A) occurs in the Indian country of the
participating tribe; and</DELETED>
<DELETED> ``(B) violates the portion of a protection
order that--</DELETED>
<DELETED> ``(i) 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; and</DELETED>
<DELETED> ``(ii)(I) was issued against the
defendant;</DELETED>
<DELETED> ``(II) is enforceable by the
participating tribe; and</DELETED>
<DELETED> ``(III) is consistent with section
2265(b) of title 18, United States
Code.</DELETED>
<DELETED> ``(d) Dismissal of Certain Cases.--</DELETED>
<DELETED> ``(1) Definition of victim.--In this subsection
and with respect to a criminal proceeding in which a
participating tribe exercises special domestic violence
criminal jurisdiction based on a criminal violation of a
protection order, the term `victim' means a person specifically
protected by a protection order that the defendant allegedly
violated.</DELETED>
<DELETED> ``(2) Non-indian victims and defendants.--In a
criminal proceeding in which a participating tribe exercises
special domestic violence criminal jurisdiction, the case shall
be dismissed if--</DELETED>
<DELETED> ``(A) the defendant files a pretrial
motion to dismiss on the grounds that the alleged
offense did not involve an Indian; and</DELETED>
<DELETED> ``(B) the participating tribe fails to
prove that the defendant or an alleged victim is an
Indian.</DELETED>
<DELETED> ``(3) Ties to indian tribe.--In a criminal
proceeding in which a participating tribe exercises special
domestic violence criminal jurisdiction, the case shall be
dismissed if--</DELETED>
<DELETED> ``(A) the defendant files a pretrial
motion to dismiss on the grounds that the defendant and
the alleged victim lack sufficient ties to the Indian
tribe; and</DELETED>
<DELETED> ``(B) the prosecuting tribe fails to prove
that the defendant or an alleged victim--</DELETED>
<DELETED> ``(i) resides in the Indian
country of the participating tribe;</DELETED>
<DELETED> ``(ii) is employed in the Indian
country of the participating tribe;
or</DELETED>
<DELETED> ``(iii) is a spouse or intimate
partner of a member of the participating
tribe.</DELETED>
<DELETED> ``(4) Waiver.--A knowing and voluntary failure of
a defendant to file a pretrial motion described in paragraph
(2) or (3) shall be considered a waiver of the right to seek a
dismissal under this subsection.</DELETED>
<DELETED> ``(e) Rights of Defendants.--In a criminal proceeding in
which a participating tribe exercises special domestic violence
criminal jurisdiction, the participating tribe shall provide to the
defendant--</DELETED>
<DELETED> ``(1) all applicable rights under this
Act;</DELETED>
<DELETED> ``(2) if a term of imprisonment of any length is
imposed, all rights described in section 202(c); and</DELETED>
<DELETED> ``(3) 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 criminal jurisdiction over the
defendant.</DELETED>
<DELETED> ``(f) Petitions To Stay Detention.--</DELETED>
<DELETED> ``(1) In general.--A person who has filed a
petition for a writ of habeas corpus in a court of the United
States under section 203 may petition that court to stay
further detention of that person by the participating
tribe.</DELETED>
<DELETED> ``(2) Grant of stay.--A court shall grant a stay
described in paragraph (1) if the court--</DELETED>
<DELETED> ``(A) finds that there is a substantial
likelihood that the habeas corpus petition will be
granted; and</DELETED>
<DELETED> ``(B) after giving each alleged victim in
the matter an opportunity to be heard, finds, by clear
and convincing evidence that, under conditions imposed
by the court, the petitioner is not likely to flee or
pose a danger to any person or the community if
released.</DELETED>
<DELETED> ``(g) Grants to Tribal Governments.--The Attorney General
may award grants to the governments of Indian tribes (or to authorized
designees of those governments)--</DELETED>
<DELETED> ``(1) to strengthen tribal criminal justice
systems to assist Indian tribes in exercising special domestic
violence criminal jurisdiction, including--</DELETED>
<DELETED> ``(A) law enforcement (including the
capacity to enter information into and obtain
information from national crime information
databases);</DELETED>
<DELETED> ``(B) prosecution;</DELETED>
<DELETED> ``(C) trial and appellate
courts;</DELETED>
<DELETED> ``(D) probation systems;</DELETED>
<DELETED> ``(E) detention and correctional
facilities;</DELETED>
<DELETED> ``(F) alternative rehabilitation
centers;</DELETED>
<DELETED> ``(G) culturally appropriate services and
assistance for victims and their families;
and</DELETED>
<DELETED> ``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;</DELETED>
<DELETED> ``(2) 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 a crime of domestic violence or
dating violence or a criminal violation of a protection
order;</DELETED>
<DELETED> ``(3) to ensure that, in criminal proceedings in
which a participating tribe exercises special domestic violence
criminal jurisdiction, jurors are summoned, selected, and
instructed in a manner consistent with all applicable
requirements; and</DELETED>
<DELETED> ``(4) to accord victims of domestic violence,
dating violence, and violations of protection orders 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.</DELETED>
<DELETED> ``(h) Supplement, Not Supplant.--Amounts made available
under this section shall supplement and not supplant any other Federal,
State, tribal, or local government amounts made available to carry out
activities described in this section.</DELETED>
<DELETED> ``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out subsection (g) and to
provide training, technical assistance, data collection, and evaluation
of the criminal justice systems of participating tribes such sums as
are necessary.''.</DELETED>
<DELETED>SEC. 202. TRIBAL PROTECTION ORDERS.</DELETED>
<DELETED> Section 2265 of title 18, United States Code, is amended
by striking subsection (e) and inserting the following:</DELETED>
<DELETED> ``(e) Tribal Court Jurisdiction.--For purposes of this
section, a court of an Indian tribe shall have full civil jurisdiction
to issue and enforce protection orders involving any person, including
the authority to enforce any orders through civil contempt proceedings,
the exclusion of violators from Indian land, and other appropriate
mechanisms, in matters arising anywhere in the Indian country of the
Indian tribe (as defined in section 1151) or otherwise within the
authority of the Indian tribe.''.</DELETED>
<DELETED>SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.</DELETED>
<DELETED> (a) Assaults by Striking, Beating, or Wounding.--Section
113(a)(4) of title 18, United States Code, is amended by striking ``six
months'' and inserting ``1 year''.</DELETED>
<DELETED> (b) Assaults Resulting in Substantial Bodily Injury.--
Section 113(a)(7) of title 18, United States Code, is amended by
striking ``substantial bodily injury to an individual who has not
attained the age of 16 years'' and inserting ``substantial bodily
injury to a spouse or intimate partner, a dating partner, or an
individual who has not attained the age of 16 years''.</DELETED>
<DELETED> (c) Assaults by Strangling or Suffocating.--Section 113(a)
of title 18, United States Code, is amended by adding at the end the
following:</DELETED>
<DELETED> ``(8) Assault of a spouse, intimate partner, or
dating partner by strangling, suffocating, or attempting to
strangle or suffocate, by a fine under this title, imprisonment
for not more than 10 years, or both.''.</DELETED>
<DELETED> (d) Definitions.--Section 113(b) of title 18, United
States Code, is amended--</DELETED>
<DELETED> (1) by striking ``(b) As used in this subsection--
'' and inserting the following:</DELETED>
<DELETED> ``(b) Definitions.--In this section--'';</DELETED>
<DELETED> (2) in paragraph (1)(B), by striking ``and'' at
the end;</DELETED>
<DELETED> (3) in paragraph (2), by striking the period at
the end and inserting a semicolon; and</DELETED>
<DELETED> (4) by adding at the end the following:</DELETED>
<DELETED> ``(3) the terms `dating partner' and `spouse or
intimate partner' have the meanings given those terms in
section 2266;</DELETED>
<DELETED> ``(4) the term `strangling' means intentionally,
knowingly, or recklessly impeding the normal breathing or
circulation of the blood of a person by applying pressure to
the throat or neck, regardless of whether that conduct results
in any visible injury or whether there is any intent to kill or
protractedly injure the victim; and</DELETED>
<DELETED> ``(5) the term `suffocating' means intentionally,
knowingly, or recklessly impeding the normal breathing of a
person by covering the mouth of the person, the nose of the
person, or both, regardless of whether that conduct results in
any visible injury or whether there is any intent to kill or
protractedly injure the victim.''.</DELETED>
<DELETED> (e) Indian Major Crimes.--Section 1153(a) of title 18,
United States Code, is amended by striking ``assault with intent to
commit murder, assault with a dangerous weapon, assault resulting in
serious bodily injury (as defined in section 1365 of this title)'' and
inserting ``a felony assault under section 113''.</DELETED>
<DELETED>SEC. 204. EFFECTIVE DATES; PILOT PROJECT.</DELETED>
<DELETED> (a) General Effective Date.--Except as provided in
subsection (b), the amendments made by this title shall take effect on
the date of enactment of this Act.</DELETED>
<DELETED> (b) Effective Date for Special Domestic-Violence Criminal
Jurisdiction.--</DELETED>
<DELETED> (1) In general.--Except as provided in paragraph
(2), subsections (b) through (e) of section 204 of Public Law
90-284 (as added by section 201) shall take effect on the date
that is 2 years after the date of enactment of this
Act.</DELETED>
<DELETED> (2) Pilot project.--</DELETED>
<DELETED> (A) In general.--At any time during the 2-
year period beginning on the date of enactment of this
Act, an Indian tribe may ask the Attorney General to
designate the tribe as a participating tribe under
section 204(a) of Public Law 90-284 on an accelerated
basis.</DELETED>
<DELETED> (B) Procedure.--The Attorney General (or a
designee of the Attorney General) may grant a request
under subparagraph (A) after coordinating with the
Secretary of the Interior (or a designee of the
Secretary), consulting with affected Indian tribes, and
concluding that the criminal justice system of the
requesting tribe has adequate safeguards in place to
protect defendants' rights, consistent with section 204
of Public Law 90-284.</DELETED>
<DELETED> (C) Effective dates for pilot projects.--
An Indian tribe designated as a participating tribe
under this paragraph may commence exercising special
domestic violence criminal jurisdiction pursuant to
subsections (b) through (e) of section 204 of Public
Law 90-284 on a date established by the Attorney
General, after consultation with that Indian tribe, but
in no event later than the date that is 2 years after
the date of enactment of this Act.</DELETED>
<DELETED>SEC. 205. OTHER AMENDMENTS.</DELETED>
<DELETED> (a) Assaults.--Section 113(a) of title 18, United States
Code, is amended--</DELETED>
<DELETED> (1) by striking paragraph (1) and inserting the
following:</DELETED>
<DELETED> ``(1) Assault with intent to commit murder or a
felony under chapter 109A, by a fine under this title,
imprisonment for not more than 20 years, or both.'';</DELETED>
<DELETED> (2) in paragraph (3) by striking ``and without
just cause or excuse,''; and</DELETED>
<DELETED> (3) in paragraph (7), by striking ``fine'' and
inserting ``a fine''.</DELETED>
<DELETED> (b) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18,
United States Code, is amended by inserting ``or tribal'' after
``State''.</DELETED>
<DELETED>TITLE III--INDIAN LAW AND ORDER COMMISSION</DELETED>
<DELETED>SEC. 301. INDIAN LAW AND ORDER COMMISSION.</DELETED>
<DELETED> Section 15(f) of the Indian Law Enforcement Reform Act (25
U.S.C. 2812(f)) is amended by striking ``2 years'' and inserting ``3
years''.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Stand Against
Violence and Empower Native Women Act'' or the ``SAVE Native Women
Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GRANT PROGRAMS
Sec. 101. Grants to Indian tribal governments.
Sec. 102. Tribal coalition grants.
Sec. 103. Consultation.
Sec. 104. Analysis and research on violence against women.
Sec. 105. Definitions.
TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES
Sec. 201. Tribal jurisdiction over crimes of domestic violence.
Sec. 202. Tribal protection orders.
Sec. 203. Amendments to the Federal assault statute.
Sec. 204. Effective dates; pilot project.
Sec. 205. Assaults; repeat offenders.
Sec. 206. Violations of tribal civil protection orders.
Sec. 207. High priority performance goal pilot program reporting.
TITLE III--INDIAN LAW AND ORDER COMMISSION
Sec. 301. Indian Law and Order Commission.
TITLE IV--SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS
Sec. 401. Safety enhancement study and demonstration projects.
TITLE I--GRANT PROGRAMS
SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
Section 2015 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg-10) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by inserting ``sex
trafficking,'' after ``sexual assault,'';
(B) in paragraph (4), by inserting ``sex
trafficking,'' after ``sexual assault,'';
(C) in paragraph (5), by inserting ``sexual
assault, sex trafficking,'' after ``dating violence,'';
(D) in paragraph (7)--
(i) by inserting ``sex trafficking,'' after
``sexual assault,'' each place it appears; and
(ii) by striking ``and'' at the end;
(E) in paragraph (8)--
(i) by inserting ``sex trafficking,'' after
``stalking,''; and
(ii) by striking the period at the end and
inserting a semicolon; and
(F) by adding at the end the following:
``(9) provide services to address the needs of youth who
are victims of domestic violence, dating violence, sexual
assault, sex trafficking, or stalking and the needs of children
exposed to domestic violence, dating violence, sexual assault,
sex trafficking, or stalking, including support for the
nonabusing parent or the caretaker of the child; and
``(10) develop legislation and policies and provide
outreach and education that enhance best practices for
responding to violent crimes against Indian women, including
the crimes of domestic violence, dating violence, sexual
assault, sex trafficking, and stalking.''; and
(2) by adding at the end the following:
``(c) Administration.--Notwithstanding any other provision of law
and in addition to any amounts that are otherwise made available to
carry out this section, amounts made available pursuant to sections
41201(d)(1), 41303(a)(3)(B), and 41305(a)(3)(B) of the Violence Against
Women Act of 1994 (42 U.S.C. 14043c(d)(1), 14043d-2(a)(3)(B), 14043d-
4(a)(3)(B)) shall be made available to carry out this section.''.
SEC. 102. TRIBAL COALITION GRANTS.
Section 2001 of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796gg) is amended by striking
subsection (d) and inserting the following:
``(d) Tribal Coalition Grants.--
``(1) Purpose.--The Attorney General shall award a grant to
tribal coalitions for purposes of--
``(A) increasing awareness of domestic violence and
sexual assault against Indian women;
``(B) enhancing the response to violence against
Indian women at the Federal, State, and tribal levels;
``(C) identifying and providing technical
assistance to coalition membership and tribal
communities to enhance access to essential services to
Indian women victimized by domestic and sexual
violence, including sex trafficking; and
``(D) assisting Indian tribes in developing
legislation and policies and providing outreach and
education that enhance best practices for responding to
violent crimes against Indian women, including the
crimes of domestic violence, dating violence, sexual
assault, sex trafficking, and stalking.
``(2) Grants.--The Attorney General shall award grants on
annual basis under paragraph (1) to--
``(A) each tribal coalition that--
``(i) meets the criteria of a tribal
coalition under section 40002(a) of the
Violence Against Women Act of 1994 (42 U.S.C.
13925(a));
``(ii) is recognized by the Office on
Violence Against Women; and
``(iii) provides services to Indian tribes;
and
``(B) organizations that propose to incorporate and
operate a tribal coalition in areas where Indian tribes
are located but no tribal coalition exists.
``(3) Use of amounts.--For each of fiscal years 2013
through 2017, of the amounts appropriated to carry out this
subsection--
``(A) not more than 10 percent may be made
available to organizations described in paragraph
(2)(B); and
``(B) not less than 90 percent shall be made
available to tribal coalitions described in paragraph
(2)(A), which amounts shall be distributed equally
among each eligible tribal coalition for the applicable
fiscal year.
``(4) Duration.--A grant under this subsection shall be
awarded for a period of 1 year.
``(5) Eligibility for other grants.--Receipt of an award
under this subsection by a tribal coalition shall not preclude
the tribal coalition from receiving additional grants under
this title to carry out the purposes described in paragraph
(1).
``(6) Multiple purpose applications.--Nothing in this
subsection prohibits any tribal coalition or organization
described in paragraph (2) from applying for funding to address
sexual assault or domestic violence needs in the same
application.''.
SEC. 103. CONSULTATION.
Section 903 of the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
(1) in subsection (a)--
(A) by striking ``and the Violence Against Women
Act of 2000'' and inserting ``, the Violence Against
Women Act of 2000''; and
(B) by inserting ``, and the Stand Against Violence
and Empower Native Women Act'' before the period at the
end;
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``the Secretary of the Department of Health
and Human Services and'' and inserting ``the Secretary
of Health and Human Services, the Secretary of the
Interior, and''; and
(B) in paragraph (2), by inserting ``sex
trafficking,'' after ``sexual assault,''; and
(3) by adding at the end the following:
``(c) Notice.--Not later than 120 days before the date of a
consultation under subsection (a), the Attorney General shall notify
tribal leaders of the date, time, and location of the consultation.''.
SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST WOMEN.
Section 904(a) of the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is
amended--
(1) in paragraph (1)--
(A) by striking ``The National'' and inserting
``Not later than 3 years after the date of enactment of
the Stand Against Violence and Empower Native Women
Act, the National''; and
(B) by inserting ``, women in Alaska Native
villages, and Native Hawaiian women'' before the period
at the end;
(2) in paragraph (2)(A)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(vi) sex trafficking.'';
(3) in paragraph (4), by striking ``this Act'' and
inserting ``the Stand Against Violence and Empower Native Women
Act''; and
(4) in paragraph (5), by striking ``this section $1,000,000
for each of fiscal years 2007 and 2008'' and inserting ``this
subsection $1,000,000 for each of fiscal years 2012 and 2013''.
SEC. 105. DEFINITIONS.
Section 40002(a) of the Violence Against Women Act of 1994 (42
U.S.C. 13925(a)) is amended--
(1) by redesignating paragraphs (23) through (37) as
paragraphs (24) through (38), respectively;
(2) in paragraph (21)--
(A) in subparagraph (A), by striking ``or'' at the
end;
(B) in subparagraph (B), by striking the period at
the end and inserting ``; or''; and
(C) by adding at the end the following:
``(C) an area or community associated with a
federally recognized Indian tribe, regardless of
whether the land is owned by the Indian tribe.'';
(3) by inserting after paragraph (22) the following:
``(23) Sex trafficking.--The term `sex trafficking' means
any conduct proscribed by section 1591 of title 18, United
States Code, regardless of whether the conduct occurs in
interstate or foreign commerce or within the special maritime
and territorial jurisdiction of the United States.''; and
(4) by striking paragraph (30) (as redesignated by
paragraph (1)) and inserting the following:
``(30) Tribal coalition.--The term `tribal coalition' means
an established nonprofit, nongovernmental Indian organization
(including a Native Hawaiian organization) that--
``(A) is established to provide services to members
of the tribal coalition on a statewide, regional, or
customary territory basis;
``(B) provides education, support, and technical
assistance to member Indian service providers in a
manner that enables those member providers to establish
and maintain culturally appropriate services, including
shelter and rape crisis services, designed to assist
Indian women and the dependents of those women who are
victims of domestic violence, dating violence, sexual
assault, and stalking;
``(C) serves as an information clearinghouse and
resource center for Indian programs addressing domestic
violence and sexual assault;
``(D) is comprised of board and general members
that are representative of--
``(i) the member service providers
described in subparagraph (B); and
``(ii) the tribal communities in which the
services are being provided;
``(E) supports the development of legislation,
policies, protocols, procedures, and guidance to
enhance domestic violence and sexual assault
intervention and prevention efforts in Indian tribes
and communities to be served; and
``(F) has expertise in the development of Indian
community-based, linguistically, and culturally
specific outreach and intervention services for the
Indian communities to be served.''.
TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES
SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly
known as the ``Indian Civil Rights Act of 1968'') is amended by adding
at the end the following:
``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.
``(a) Definitions.--In this section:
``(1) 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 victim,
as determined by the length of the relationship, the type of
relationship, and the frequency of interaction between the
persons involved in the relationship.
``(2) Domestic violence.--The term `domestic violence'
means violence committed by a current or former spouse of the
victim, by a person with whom the victim shares a child in
common, by a person who is cohabitating with or has cohabitated
with the victim as a spouse, or by 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 violence occurs.
``(3) Indian country.--The term `Indian country' has the
meaning given the term in section 1151 of title 18, United
States Code.
``(4) 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 tribe.
``(5) Protection order.--The term `protection order' means
any injunction, restraining order, or other order issued by a
civil or criminal court for the purpose of preventing violent
or threatening acts or harassment against, sexual violence
against, contact or communication with, or physical proximity
to, another person, including any temporary or final order
issued by a civil or criminal court, whether obtained by filing
an independent action or as a pendente lite order in another
proceeding, so long as the civil or criminal order was issued
in response to a complaint, petition, or motion filed by or on
behalf of a person seeking protection.
``(6) 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 exercise.
``(7) Spouse or intimate partner.--The term `spouse or
intimate partner' has the meaning given the term in section
2266 of title 18, United States Code.
``(b) Nature of the Criminal Jurisdiction.--
``(1) In general.--Notwithstanding any other provision of
law, in addition to all powers of self-government recognized
and affirmed by this Act, the powers of self-government of a
participating tribe include the inherent power of that tribe,
which is hereby recognized and affirmed, to exercise special
domestic violence criminal jurisdiction over all persons.
``(2) Concurrent jurisdiction.--A participating tribe shall
exercise special domestic violence criminal jurisdiction
concurrently, not exclusively.
``(3) Applicability.--Nothing in this section--
``(A) creates or eliminates any Federal or State
criminal jurisdiction over Indian country; or
``(B) 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 country.
``(c) Criminal Conduct.--A participating tribe may exercise special
domestic violence criminal jurisdiction over a defendant for criminal
conduct that falls into 1 or more of the following categories:
``(1) Domestic violence and dating violence.--An act of
domestic violence or dating violence that occurs in the Indian
country of the participating tribe.
``(2) Violations of protection orders.--An act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates the portion of a protection order
that--
``(i) 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; and
``(ii)(I) was issued against the defendant;
``(II) is enforceable by the participating
tribe; and
``(III) is consistent with section 2265(b)
of title 18, United States Code.
``(d) Dismissal of Certain Cases.--
``(1) Definition of victim.--In this subsection and with
respect to a criminal proceeding in which a participating tribe
exercises special domestic violence criminal jurisdiction based
on a criminal violation of a protection order, the term
`victim' means a person specifically protected by a protection
order that the defendant allegedly violated.
``(2) Non-indian victims and defendants.--In a criminal
proceeding in which a participating tribe exercises special
domestic violence criminal jurisdiction, the case shall be
dismissed if--
``(A) the defendant files a pretrial motion to
dismiss on the grounds that the alleged offense did not
involve an Indian; and
``(B) the participating tribe fails to prove that
the defendant or an alleged victim is an Indian.
``(3) Ties to indian tribe.--In a criminal proceeding in
which a participating tribe exercises special domestic violence
criminal jurisdiction, the case shall be dismissed if--
``(A) the defendant files a pretrial motion to
dismiss on the grounds that the defendant and the
alleged victim lack sufficient ties to the Indian
tribe; and
``(B) the prosecuting tribe fails to prove that the
defendant or an alleged victim--
``(i) resides in the Indian country of the
participating tribe;
``(ii) is employed in the Indian country of
the participating tribe; or
``(iii) is a spouse or intimate partner of
a member of the participating tribe.
``(4) Waiver.--A knowing and voluntary failure of a
defendant to file a pretrial motion described in paragraph (2)
or (3) shall be considered a waiver of the right to seek a
dismissal under this subsection.
``(e) Rights of Defendants.--In a criminal proceeding in which a
participating tribe exercises special domestic violence criminal
jurisdiction, the participating tribe shall provide to the defendant--
``(1) all applicable rights under this Act;
``(2) if a term of imprisonment of any length is imposed,
all rights described in section 202(c); and
``(3) 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 criminal jurisdiction over the defendant.
``(f) Petitions To Stay Detention.--
``(1) In general.--A person who has filed a petition for a
writ of habeas corpus in a court of the United States under
section 203 may petition that court to stay further detention
of that person by the participating tribe.
``(2) Grant of stay.--A court shall grant a stay described
in paragraph (1) if the court--
``(A) finds that there is a substantial likelihood
that the habeas corpus petition will be granted; and
``(B) after giving each alleged victim in the
matter an opportunity to be heard, finds, by clear and
convincing evidence that, under conditions imposed by
the court, the petitioner is not likely to flee or pose
a danger to any person or the community if released.
``(g) Grants to Tribal Governments.--The Attorney General may award
grants to the governments of Indian tribes (or to authorized designees
of those governments)--
``(1) to strengthen tribal criminal justice systems to
assist Indian tribes in exercising special domestic violence
criminal jurisdiction, including--
``(A) law enforcement (including the capacity to
enter information into and obtain information from
national crime information databases);
``(B) prosecution;
``(C) trial and appellate courts;
``(D) probation systems;
``(E) detention and correctional facilities;
``(F) alternative rehabilitation centers;
``(G) culturally appropriate services and
assistance for victims and their families; and
``(H) criminal codes and rules of criminal
procedure, appellate procedure, and evidence;
``(2) 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 a crime of domestic violence or dating
violence or a criminal violation of a protection order;
``(3) to ensure that, in criminal proceedings in which a
participating tribe exercises special domestic violence
criminal jurisdiction, jurors are summoned, selected, and
instructed in a manner consistent with all applicable
requirements; and
``(4) to accord victims of domestic violence, dating
violence, and violations of protection orders 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.
``(h) Supplement, Not Supplant.--Amounts made available under this
section shall supplement and not supplant any other Federal, State,
tribal, or local government amounts made available to carry out
activities described in this section.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (g) and to provide training,
technical assistance, data collection, and evaluation of the criminal
justice systems of participating tribes such sums as are necessary.''.
SEC. 202. TRIBAL PROTECTION ORDERS.
Section 2265 of title 18, United States Code, is amended by
striking subsection (e) and inserting the following:
``(e) Tribal Court Jurisdiction.--For purposes of this section, a
court of an Indian tribe shall have full civil jurisdiction to issue
and enforce protection orders involving any person, including the
authority to enforce any orders through civil contempt proceedings, the
exclusion of violators from Indian land, and other appropriate
mechanisms, in matters arising anywhere in the Indian country of the
Indian tribe (as defined in section 1151) or otherwise within the
authority of the Indian tribe.
``(f) Applicability.--Nothing in this section limits, alters,
expands, or diminishes the civil or criminal jurisdiction of the State
of Alaska, any subdivision of the State of Alaska, or any Indian tribe
in the State of Alaska.''.
SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.
(a) Assaults by Striking, Beating, or Wounding.--Section 113(a)(4)
of title 18, United States Code, is amended by striking ``six months''
and inserting ``1 year''.
(b) Assaults Resulting in Substantial Bodily Injury.--Section
113(a)(7) of title 18, United States Code, is amended by striking
``substantial bodily injury to an individual who has not attained the
age of 16 years'' and inserting ``substantial bodily injury to a spouse
or intimate partner, a dating partner, or an individual who has not
attained the age of 16 years''.
(c) Assaults by Strangling or Suffocating.--Section 113(a) of title
18, United States Code, is amended by adding at the end the following:
``(8) Assault of a spouse, intimate partner, or dating
partner by strangling, suffocating, or attempting to strangle
or suffocate, by a fine under this title, imprisonment for not
more than 10 years, or both.''.
(d) Definitions.--Section 113(b) of title 18, United States Code,
is amended--
(1) by striking ``(b) As used in this subsection--'' and
inserting the following:
``(b) Definitions.--In this section--'';
(2) in paragraph (1)(B), by striking ``and'' at the end;
(3) in paragraph (2), by striking the period at the end and
inserting a semicolon; and
(4) by adding at the end the following:
``(3) the terms `dating partner' and `spouse or intimate
partner' have the meanings given those terms in section 2266;
``(4) the term `strangling' means intentionally, knowingly,
or recklessly impeding the normal breathing or circulation of
the blood of a person by applying pressure to the throat or
neck, regardless of whether that conduct results in any visible
injury or whether there is any intent to kill or protractedly
injure the victim; and
``(5) the term `suffocating' means intentionally,
knowingly, or recklessly impeding the normal breathing of a
person by covering the mouth of the person, the nose of the
person, or both, regardless of whether that conduct results in
any visible injury or whether there is any intent to kill or
protractedly injure the victim.''.
(e) Indian Major Crimes.--Section 1153(a) of title 18, United
States Code, is amended by striking ``assault with intent to commit
murder, assault with a dangerous weapon, assault resulting in serious
bodily injury (as defined in section 1365 of this title)'' and
inserting ``a felony assault under section 113''.
SEC. 204. EFFECTIVE DATES; PILOT PROJECT.
(a) General Effective Date.--Except as provided in subsection (b),
the amendments made by this title shall take effect on the date of
enactment of this Act.
(b) Effective Date for Special Domestic-Violence Criminal
Jurisdiction.--
(1) In general.--Except as provided in paragraph (2),
subsections (b) through (e) of section 204 of Public Law 90-284
(as added by section 201) shall take effect on the date that is
2 years after the date of enactment of this Act.
(2) Pilot project.--
(A) In general.--At any time during the 2-year
period beginning on the date of enactment of this Act,
an Indian tribe may ask the Attorney General to
designate the tribe as a participating tribe under
section 204(a) of Public Law 90-284 on an accelerated
basis.
(B) Procedure.--The Attorney General (or a designee
of the Attorney General) may grant a request under
subparagraph (A) after coordinating with the Secretary
of the Interior (or a designee of the Secretary),
consulting with affected Indian tribes, and concluding
that the criminal justice system of the requesting
tribe has adequate safeguards in place to protect
defendants' rights, consistent with section 204 of
Public Law 90-284.
(C) Effective dates for pilot projects.--An Indian
tribe designated as a participating tribe under this
paragraph may commence exercising special domestic
violence criminal jurisdiction pursuant to subsections
(b) through (e) of section 204 of Public Law 90-284 on
a date established by the Attorney General, after
consultation with that Indian tribe, but in no event
later than the date that is 2 years after the date of
enactment of this Act.
SEC. 205. ASSAULTS; REPEAT OFFENDERS.
(a) Assaults.--Section 113(a) of title 18, United States Code, is
amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Assault with intent to commit murder or a felony
under chapter 109A, by a fine under this title, imprisonment
for not more than 20 years, or both.'';
(2) in paragraph (3) by striking ``and without just cause
or excuse,''; and
(3) in paragraph (7), by striking ``fine'' and inserting
``a fine''.
(b) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United
States Code, is amended by inserting ``or tribal'' after ``State''.
SEC. 206. VIOLATIONS OF TRIBAL CIVIL PROTECTION ORDERS.
Section 1153 of title 18, United States Code, is amended by adding
at the end the following:
``(c) Violation of Tribal Civil Protection Order.--
``(1) Definition of civil protection order.--In this
subsection, the term `civil protection order' means an order
issued in a civil proceeding by a court or other judicial
tribunal of an Indian tribe for the purpose of protecting a
person who resides in the Indian country of the Indian tribe
from physical harm, violent or threatening acts, harassment, or
sexual violence by the respondent, which temporarily or
permanently prohibits the respondent from approaching or coming
into physical proximity to or contact with the person at a
specified residence, place, or area in such Indian country.
``(2) Prohibition.--It shall be unlawful for any person to
violate the terms of a civil protection order issued by a court
or other judicial tribunal of an Indian tribe in accordance
with paragraph (4).
``(3) Penalty.--Any person who violates paragraph (2)
shall--
``(A) be guilty of a crime; and
``(B)(i) for the first violation of the civil
protection order, fined not more than $1,000,
imprisoned for not more than 1 year, or both; and
``(ii) for any subsequent violation of the civil
protection order, fined not more than $5,000,
imprisoned for not more than 3 years, or both.
``(4) Requirements.--A violation of a civil protection
order or a civil exclusion order shall constitute an offense
under paragraph (2) if the civil protection order--
``(A) meets all of the requirements of section 2265
relating to full faith and credit; and
``(B) includes the following statement: `A
violation of this civil protection order may result in
criminal prosecution under Federal law and the
imposition of a fine, imprisonment, or both.'.
``(5) Effect of subsection.--Nothing in this subsection
limits, modifies, or otherwise affects the application of any
provision of sections 2261 through 2266.''.
SEC. 207. HIGH PRIORITY PERFORMANCE GOAL PILOT PROGRAM REPORTING.
Section 3(c) of the Indian Law Enforcement Reform Act (25 U.S.C.
2802(c)) is amended--
(1) in paragraph (17), by striking ``and'' after the
semicolon;
(2) in paragraph (18), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(19) beginning not later than 90 days after the date of
enactment of this paragraph, submitting to the appropriate
committees of Congress for each fiscal year a report on the
high priority performance goal pilot program carried out by the
Secretary to reduce violent crime in Indian communities that
includes--
``(A) a list of the Indian tribes participating in
the program, including--
``(i) baseline data on the violent crimes
occurring on the reservations of those Indian
tribes before the high priority performance
goal pilot program commenced, including the
quantity and types of violent crimes;
``(ii) data on the quantity and types of
violent crimes on the reservations of those
Indians tribes in each subsequent fiscal year;
and
``(iii) any barriers to reporting violent
crimes on the reservations of those Indian
tribes;
``(B) a projected list of Indians tribes,
reservations, or Indian land that the Secretary
anticipates including in the program, including details
on when and how the Secretary intends to develop the
program on the Indian land or reservations;
``(C) a description of the strategies, community
policing activities, tribal consultation, best
practices, training, technical assistance, and
community and tribal outreach employed by the Office of
Justice Services and law enforcement personnel;
``(D) for each of the reservations described in
subparagraphs (A) and (B)--
``(i) baseline data on the quantity of law
enforcement and court personnel at each of the
reservations;
``(ii) data on the quantity of law
enforcement and court personnel at each of the
reservations at the end of each subsequent
fiscal year; and
``(iii) a description of any barriers to
hiring law enforcement and court personnel for
those reservations;
``(E) a description of the short- and long-term
plans of action of the Secretary for reducing violent
crime in the tribal communities described in
subparagraphs (A) and (B);
``(F) any feasibility evaluations or studies
relating to the expansion of the pilot program to other
Indian tribes and Indian land or reservations, which
shall include an analysis of the impact of such an
expansion on existing programs; and
``(G) any other information the Secretary
determines to be necessary.''.
TITLE III--INDIAN LAW AND ORDER COMMISSION
SEC. 301. INDIAN LAW AND ORDER COMMISSION.
Section 15(f) of the Indian Law Enforcement Reform Act (25 U.S.C.
2812(f)) is amended by striking ``2 years'' and inserting ``3 years''.
TITLE IV--SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS
SEC. 401. SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS.
Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly
known as the ``Indian Civil Rights Act of 1968'') (as amended by
section 201) is amended by adding at the end the following:
``SEC. 205. SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS.
``(a) In General.--For each of fiscal years 2012 through 2018, the
Secretary may select up to 5 Indian tribes to participate in a
demonstration project to carry out Federal regulatory enforcement
activities authorized by this section.
``(b) Demonstration Projects.--For each Indian tribe selected by
the Secretary for a demonstration project under this section, the
Secretary shall--
``(1) in consultation with the Indian tribe, promulgate
regulations with respect to the management, use, and public
safety of and in Indian country, including the property in
Indian country; and
``(2) at the request of the Indian tribe, negotiate
agreements with the Indian tribe that reflect the status of the
applicable tribal officers as Federal law enforcement officers
under section 5(f) of the Indian Law Enforcement Reform Act (25
U.S.C. 2804(f)), acting within the scope of the duties
described in section 3(c) of that Act (25 U.S.C. 2802(c)), to
allow those tribal officers to enforce regulations promulgated
under this section.
``(c) Application and Selection.--
``(1) In general.--Subject to paragraph (2), not later than
180 days after the date of enactment of this section, and after
consultation with Indian tribes, the Secretary shall publish
application requirements and selection criteria for
demonstration projects authorized under this section.
``(2) Criteria.--In selecting an Indian tribe for
participation in a demonstration project under this section,
the Secretary shall--
``(A) ensure that the Indian tribe has notified the
applicable State and local governments in which the
proposed demonstration project is located; and
``(B) give preference to an application for Indian
country in which the United States Attorney for the
district in which the proposed demonstration project is
located consents to the proposed project.
``(d) Penalties.--
``(1) In general.--Any person who knowingly and willfully
violates any regulation promulgated pursuant to this section
shall be fined not more than $1,000, imprisoned for not more
than 1 year, or both.
``(2) Magistrate judges.--Any person charged with a
violation of a regulation promulgated pursuant to this section
may be tried and sentenced by any United States magistrate
judge who is designated for that purpose by the court in the
same manner and subject to the same conditions and limitations
as are described in section 3401 of title 18, United States
Code
``(e) Effect of Regulations.--Nothing in this section, including a
regulation promulgated by the Secretary under this section--
``(1) modifies or diminishes the criminal jurisdiction of
any State or local government; or
``(2) modifies or affects section 1152 of title 18, United
States Code.
``(f) Expiration of Regulations.--A regulation promulgated by the
Secretary under this section may remain in effect for a period not to
exceed 4 years after the date of expiration of the applicable
demonstration project.
``(g) Report.--Not later than September 30, 2016, the Secretary
shall submit to Congress a report that describes, as of the date on
which the report is submitted--
``(1) a description of each demonstration project approved
under this section; and
``(2) an assessment of the effectiveness of the
demonstration projects.''.
Calendar No. 579
112th CONGRESS
2d Session
S. 1763
[Report No. 112-265]
_______________________________________________________________________
A BILL
To decrease the incidence of violent crimes against Indian women, to
strengthen the capacity of Indian tribes to exercise the sovereign
authority of Indian tribes to respond to violent crimes committed
against Indian women, and to ensure that perpetrators of violent crimes
committed against Indian women are held accountable for that criminal
behavior, and for other purposes.
_______________________________________________________________________
December 27, 2012
Reported with an amendment