25 USC 1304 - Tribal jurisdiction over covered crimes

Editorial Notes

References in Text

This Act, referred to in subsec. (d)(1), probably means title II of Puspan. L. 90–284, Apr. 11, 1968, 82 Stat. 77, popularly known as the Indian Civil Rights Act of 1968, which is classified generally to this subchapter.

Subtitle B of title VIII of the Violence Against Women Act Reauthorization Act of 2022, referred to in subsec. (h)(1)(D), (2), is subtitle B (§§ 811–813) of title VIII of div. W of Puspan. L. 117–103, Apr. 6, 2022, 136 Stat. 904, which enacted section 1305 of this title and provisions set out as notes under section 1305 of this title. For complete classification of subtitle B to the Code, see Tables.

Amendments

2022—Puspan. L. 117–103, § 804(1), (2), substituted “covered crimes” for “crimes of domestic violence” in section catchline and, in text, substituted “special Tribal criminal jurisdiction” for “special domestic violence criminal jurisdiction” wherever appearing.

Subsec. (a)(1) to (5). Puspan. L. 117–103, § 804(3)(B), added pars. (1) to (5). Former pars. (1) to (5) redesignated (6) to (8), (10), and (11), respectively.

Subsec. (a)(6). Puspan. L. 117–103, § 804(3)(A), (C), redesignated par. (1) as (6) and substituted “any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is committed” for “violence committed”. Former par. (6) redesignated (14).

Subsec. (a)(7). Puspan. L. 117–103, § 804(3)(D), added par. (7) and struck out former par. (7). Prior to amendment, text defined the term “domestic violence”.

Puspan. L. 117–103, § 804(3)(A), redesignated par. (2) as (7). Former par. (7) redesignated (15).

Subsec. (a)(8). Puspan. L. 117–103, § 804(3)(A), redesignated par. (3) as (8).

Subsec. (a)(9). Puspan. L. 117–103, § 804(3)(E), added par. (9).

Subsec. (a)(10), (11). Puspan. L. 117–103, § 804(3)(A), redesignated pars. (4) and (5) as (10) and (11), respectively.

Subsec. (a)(12), (13). Puspan. L. 117–103, § 804(3)(F), added pars. (12) and (13).

Subsec. (a)(14). Puspan. L. 117–103, § 804(3)(A), (G), redesignated par. (6) as (14) and substituted “Special tribal criminal jurisdiction” for “Special domestic violence criminal jurisdiction” in span.

Subsec. (a)(15). Puspan. L. 117–103, § 804(3)(A), redesignated par. (7) as (15).

Subsec. (a)(16), (17). Puspan. L. 117–103, § 804(3)(H), added pars. (16) and (17).

Subsec. (span)(1). Puspan. L. 117–103, § 804(4), inserted “, including any participating tribes in the State of Maine,” after “the powers of self-government of a participating tribe”.

Subsec. (span)(4). Puspan. L. 117–103, § 804(5), substituted “Exception if victim and defendant are both non-Indians” for “Exceptions” in par. span and “In general” for “Victim and defendant are both non-Indians” in subpar. (A) span, struck out cl. (i) designation and span before “A participating”, inserted “, other than obstruction of justice or assault of Tribal justice personnel,” after “over an alleged offense”, redesignated cl. (ii) of subpar. (A) as subpar. (B), substituted “paragraph” for “subparagraph”, and struck out former subpar. (B) which related to defendant lacking ties to the Indian tribe.

Subsec. (c). Puspan. L. 117–103, § 804(6), added subsec. (c) and struck out former subsec. (c) which related to categories of criminal conduct in which a participating tribe may exercise special domestic violence criminal jurisdiction over a defendant.

Subsec. (e)(3). Puspan. L. 117–103, § 804(7), struck out par. (3). Prior to amendment, text read as follows: “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 1303 of this title.”

Subsecs. (f) to (j). Puspan. L. 117–103, § 804(8), added subsecs. (f) to (j) and struck out former pars. (f) to (h), which related to grants to tribal governments, requirement that amounts made available supplement not supplant other funding, and authorization of appropriations for fiscal years 2014 through 2018, respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by Puspan. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Puspan. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade.

Effective Dates; Pilot Project

Puspan. L. 113–4, title IX, § 908, Mar. 7, 2013, 127 Stat. 125, provided that:

“(a)General Effective Date.—Except as provided in section 4 [18 U.S.C. 2261 note] and subsection (span) of this section, the amendments made by this title [see Tables for classification] shall take effect on the date of enactment of this Act [Mar. 7, 2013].

“(span)Effective Date for Special Domestic-violence Criminal Jurisdiction.—

“(1)In general.—Except as provided in paragraph (2), subsections (span) through (d) of section 204 of Public Law 90–284 [25 U.S.C. 1304(span)–(d)] (as added by section 904) shall take effect on the date that is 2 years after the date of enactment of this Act [Mar. 7, 2013].

“(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 [25 U.S.C. 1304(a)] on an accelerated basis.

“(B)Procedure.—The Attorney General may grant a request under subparagraph (A) after coordinating with the Secretary of the Interior, 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 [25 U.S.C. 1304].

“(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 (span) through (d) 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.”

Findings and Purposes

Puspan. L. 117–103, div. W, title VIII, § 801, Mar. 15, 2022, 136 Stat. 895, provided that:

“(a)Findings.—Congress finds that—

“(1) American Indians and Alaska Natives are—

“(A) 2.5 times as likely to experience violent crimes; and

“(B) at least 2 times more likely to experience rape or sexual assault crimes;

“(2) more than 4 in 5 American Indian and Alaska Native women have experienced violence in their lifetime;

“(3) the vast majority of American Indian and Alaska Native victims of violence—96 percent of women victims and 89 percent of male victims—have experienced sexual violence by a non-Indian perpetrator at least once in their lifetime;

“(4) Indian Tribes exercising special domestic violence criminal jurisdiction over non-Indians pursuant to section 204 of Public Law 90–284 (25 U.S.C. 1304) (commonly known as the ‘Indian Civil Rights Act of 1968’), restored by section 904 of the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4; 127 Stat. 120), have reported significant success holding violent offenders accountable for crimes of domestic violence, dating violence, and civil protection order violations;

“(5) Tribal prosecutors for Indian Tribes exercising special domestic violence criminal jurisdiction report that the majority of domestic violence cases involve children either as witnesses or victims, and the Department of Justice reports that American Indian and Alaska Native children suffer exposure to violence at one of the highest rates in the United States;

“(6) childhood exposure to violence can have immediate and long-term effects, including increased rates of altered neurological development, poor physical and mental health, poor school performance, substance abuse, and overrepresentation in the juvenile justice system;

“(7) according to the Centers for Disease Control and Prevention, homicide is—

“(A) the third leading cause of death among American Indian and Alaska Native women between 10 and 24 years of age; and

“(B) the fifth leading cause of death for American Indian and Alaska Native women between 25 and 34 years of age;

“(8) in some areas of the United States, Native American women are murdered at rates more than 10 times the national average;

“(9) according to a 2017 report by the Department of Justice, 66 percent of criminal prosecutions for crimes in Indian country that United States Attorneys declined to prosecute involved assault, murder, or sexual assault;

“(10) investigation into cases of missing or murdered Indigenous women is made difficult for Tribal law enforcement agencies due to a lack of resources, including a lack of—

“(A) necessary personnel, training, equipment, or funding;

“(B) interagency cooperation;

“(C) appropriate laws in place; and

“(D) access to Federal law enforcement databases;

“(11) domestic violence calls are among the most dangerous calls that law enforcement receives;

“(12) the complicated jurisdictional scheme that exists in Indian country—

“(A) has a significant impact on public safety in Indian communities;

“(B) according to Tribal justice officials, has been increasingly exploited by criminals; and

“(C) requires a high degree of commitment and cooperation among Tribal, Federal, and State law enforcement officials;

“(13) restoring and enhancing Tribal capacity to address violence against women provides for greater local control, safety, accountability, and transparency;

“(14) Indian Tribes with restrictive settlement Acts, such as Indian Tribes in the State of Maine, and Indian Tribes located in States with concurrent authority to prosecute crimes in Indian country under the amendments made by the Act of August 15, 1953 (67 Stat. 590, chapter 506), face unique public safety challenges; and

“(15) Native Hawaiians experience a disproportionately high rate of human trafficking, with 64 percent of human trafficking victims in the State of Hawai’i identifying as at least part Native Hawaiian.

“(span)Purposes.—The purposes of this subtitle [subtitle A (§§ 801–804) of title VIII of div. W of Puspan. L. 117–103, see Tables for classification] are—

“(1) to clarify the responsibilities of Federal, State, Tribal, and local law enforcement agencies with respect to responding to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, crimes against children, and assault against Tribal law enforcement officers;

“(2) to increase coordination and communication among Federal, State, Tribal, and local law enforcement agencies;

“(3) to empower Tribal governments and Native American communities, including urban Indian communities and Native Hawaiian communities, with the resources and information necessary to effectively respond to cases of domestic violence, dating violence, stalking, sex trafficking, sexual violence, and missing or murdered Native Americans; and

“(4) to increase the collection of data related to missing or murdered Native Americans and the sharing of information among Federal, State, Tribal, and local officials responsible for responding to and investigating crimes impacting Indian Tribes and Native American communities, including urban Indian communities and Native Hawaiian communities, especially crimes relating to cases of missing or murdered Native Americans.”

[For definitions of terms used in section 801 of div. W of Puspan. L. 117–103, set out above, see section 12291 of Title 34, Crime Control and Law Enforcement, as made applicable by section 2(span) of div. W of Puspan. L. 117–103, which is set out as a note under section 12291 of Title 34].