[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3328 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3328
To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction
of tribal courts to cover crimes involving sexual violence, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 7, 2021
Ms. Smith (for herself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction
of tribal courts to cover crimes involving sexual violence, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Native Survivors of
Sexual Violence Act''.
SEC. 2. TRIBAL JURISDICTION OVER COVERED CRIMES.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known
as the ``Indian Civil Rights Act of 1968'') is amended--
(1) in the section heading, by striking ``crimes of
domestic violence'' and inserting ``covered crimes'';
(2) in subsection (a)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (1), (3), (4), (5),
(6), and (7) as paragraphs (3), (5), (7), (8), (11),
and (12), respectively;
(C) by inserting before paragraph (3) (as so
redesignated) the following:
``(1) Coercion; commercial sex act.--The terms `coercion'
and `commercial sex act' have the meanings given the terms in
section 1591(e) of title 18, United States Code.
``(2) Covered crime.--The term `covered crime' means--
``(A) dating violence;
``(B) domestic violence;
``(C) obstruction of justice;
``(D) sexual violence;
``(E) sex trafficking;
``(F) stalking; and
``(G) a violation of a protection order.'';
(D) in paragraph (3) (as so redesignated), 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 committed'';
(E) by inserting after paragraph (3) (as so
redesignated) the following:
``(4) 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--
``(A) a current or former spouse or intimate
partner of the victim;
``(B) a person with whom the victim shares a child
in common;
``(C) a person who is cohabitating with or has
cohabitated with the victim as a spouse or intimate
partner;
``(D) a person similarly situated to a spouse of
the victim under the domestic- or family-violence laws
of the Indian tribe that has jurisdiction over the
Indian country where the violation occurs; or
``(E) a person against an adult or child victim who
is protected from the acts of that person under the
domestic- or family-violence laws of the Indian tribe
that has jurisdiction over the Indian country where the
violation occurs.'';
(F) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) 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 tribe,
including any tribal criminal proceeding or investigation of a
crime.'';
(G) in paragraph (7) (as so redesignated), by
striking ``domestic violence'' and inserting
``tribal'';
(H) by inserting after paragraph (8) (as so
redesignated) the following:
``(9) Sex trafficking.--The term `sex trafficking' means
conduct--
``(A) consisting of--
``(i) recruiting, enticing, harboring,
transporting, providing, obtaining,
advertising, maintaining, patronizing, or
soliciting by any means a person; or
``(ii) benefitting, financially or by
receiving anything of value, from participation
in a venture that has engaged in an act
described in clause (i); and
``(B) carried out with the knowledge, or, except if
the act constituting the violation of subparagraph
(A)(i) is advertising, in reckless disregard of the
fact, that--
``(i) means of force, threats of force,
fraud, coercion, or any combination of such
means will be used to cause the person to
engage in a commercial sex act; or
``(ii) the person has not attained the age
of 18 years and will be caused to engage in a
commercial sex act.
``(10) 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 occurs, including in any
case in which the victim lacks the capacity to consent to the
act.'';
(I) in paragraph (11) (as so redesignated)--
(i) in the paragraph heading, by striking
``domestic violence'' and inserting ``tribal'';
and
(ii) by striking ``domestic violence'' and
inserting ``tribal''; and
(J) by adding at the end the following:
``(13) 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--
``(A) to fear for the safety of the person or the
safety of others; or
``(B) to suffer substantial emotional distress.
``(14) Violation of a protection order.--The term
`violation of a protection order' means an act that--
``(A) occurs in the Indian country of the
participating tribe; and
``(B) violates a provision 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;
``(ii) was issued against the defendant;
``(iii) is enforceable by the participating
tribe; and
``(iv) is consistent with section 2265(b)
of title 18, United States Code.'';
(3) in subsection (b)--
(A) by striking ``domestic violence'' each place
the term appears and inserting ``tribal'';
(B) in paragraph (1), by inserting ``, including
any participating tribe in the State of Maine,'' before
``include''; and
(C) in paragraph (4)--
(i) by striking subparagraph (B);
(ii) by striking the paragraph designation
and heading and all that follows through ``A
participating'' in clause (i) of subparagraph
(A) and inserting the following:
``(4) Exception for non-indian victim and defendant.--
``(A) In general.--A participating'';
(iii) in clause (ii), by striking the
clause designation and heading and all that
follows through ``In this subparagraph'' and
inserting the following:
``(B) Definition of victim.--In this paragraph'';
(4) by striking subsection (c) and inserting the following:
``(c) 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 tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place the term appears and inserting ``tribal''; and
(6) by striking subsections (f) through (h) and inserting
the following:
``(f) Grants and Reimbursement to Tribal Governments.--
``(1) Reimbursement.--
``(A) In general.--The Attorney General may
reimburse governments of Indian tribes (or authorized
designees of those governments) for expenses incurred
in exercising special tribal criminal jurisdiction.
``(B) Eligible expenses.--Eligible expenses for
reimbursement shall include--
``(i) expenses incurred to arrest or
prosecute offenders and to detain inmates,
including costs associated with providing
health care;
``(ii) expenses relating to indigent
defense services; and
``(iii) costs associated with probation and
rehabilitation services.
``(C) Regulations.--Not later than 1 year after the
date of enactment of the Justice for Native Survivors
of Sexual Violence Act, the Attorney General shall,
after consultation with Indian tribes, promulgate
regulations to carry out this paragraph that set the
maximum allowable reimbursements under this paragraph.
``(2) Grants.--The Attorney General may award grants to the
governments of Indian tribes (or to authorized designees of
those governments)--
``(A) to strengthen tribal criminal justice systems
to assist Indian tribes in exercising special tribal
criminal jurisdiction, including--
``(i) law enforcement, including the
capacity of law enforcement, court personnel,
or other non-law enforcement entities that have
no Federal or State arrest authority but have
been designated by an Indian tribe as
responsible for maintaining public safety
within its territorial jurisdiction, to enter
information into and obtain information from
national crime information databases;
``(ii) prosecution;
``(iii) trial and appellate courts,
including facilities construction;
``(iv) probation systems;
``(v) detention and correctional
facilities, including facilities construction;
``(vi) alternative rehabilitation centers;
``(vii) culturally appropriate services and
assistance for victims and their families; and
``(viii) criminal codes and rules of
criminal procedure, appellate procedure, and
evidence;
``(B) to provide indigent criminal defendants with
the effective assistance of licensed defense counsel,
at no cost to the defendant, in criminal proceedings in
which a participating tribe prosecutes covered crimes;
``(C) to ensure that, in criminal proceedings in
which a participating tribe exercises special tribal
criminal jurisdiction, jurors are summoned, selected,
and instructed in a manner consistent with all
applicable requirements; and
``(D) to accord victims of covered crimes rights
that are similar to the rights of a crime victim
described in section 3771(a) of title 18, United States
Code, consistent with tribal law and custom.
``(g) Supplement, Not Supplant.--Amounts made available under
subsection (f)(2) shall supplement and not supplant any other Federal,
State, or local government amounts made available to carry out
activities described in this section.
``(h) Authorization of Appropriations.--There is authorized to be
appropriated $15,000,000 for each of fiscal years 2022 through 2026 to
carry out subsection (f) and to provide training, technical assistance,
data collection, and evaluation of the criminal justice systems of
participating tribes.
``(i) Use of Funds.--Of the funds appropriated under this section
for each fiscal year--
``(1) not less than 25 percent shall be used for the
purposes described in subsection (f)(1); and
``(2) not less than 25 percent shall be used for the
purposes described in subsection (f)(2).''.
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