Stand Against Violence and Empower Native Women Act or the SAVE Native Women Act - Title I: Grant Programs - (Sec. 101) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include sex trafficking as a target of the grants to Indian tribal governments to combat violent crime against Indian women. Allows those grants to be used to: (1) address the needs of youth who are victims of, or exposed to, domestic violence, dating violence, sexual assault, sex trafficking, or stalking; and (2) develop legislation and policies and provide outreach and education that enhance best practices for responding to domestic violence, dating violence, sexual assault, sex trafficking, and stalking. Makes funds under the Violence Against Women Act of 1994 (VAWA) available for such purposes.
(Sec. 102) Allows tribal coalition grants to be used to develop legislation and policies and provide outreach and education that enhance best practices for responding to violent crimes against Indian women. Requires the Attorney General to award such grants annually to: (1) each tribal coalition that meets certain criteria under VAWA, is recognized by the Office on Violence Against Women, and serves Indian tribes; and (2) organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes are located but no coalition exists.
Distributes, for each of FY2013-FY2017, from the amounts appropriated to carry out such grants: (1) not more than 10% to such organizations, and (2) not less than 90% to eligible tribal coalitions, to be distributed equally among those coalitions for the applicable fiscal year. Limits grant awards to a one-year period. Specifies that: (1) receipt of an award by a tribal coalition shall not preclude the coalition from receiving additional grants, and (2) nothing herein prohibits any such coalition or organization from applying for funding to address sexual assault or domestic violence needs in the same application.
(Sec. 103) Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to: (1) include the Secretary of the Interior, in addition to the Secretary of Health and Human Services (HHS) and the Attorney General, as a participant in consultations with Indian tribes regarding the administration of tribal funds and programs, the enhancement of Indian women's safety, and the federal response to violent crimes against Indian women; and (2) require the National Institute of Justice to include women in Alaska Native Villages, Native Hawaiian women, and sex trafficking in its study of violence against Indian women. Reauthorizes appropriations for the study for FY2012-FY2013.
(Sec. 105) Amends VAWA to revise the definitions of "rural area" and "rural community" to include an area or community associated with a federally recognized Indian tribe, regardless of whether the land is owned by the tribe.
Defines "sex trafficking" to mean specified proscribed conduct, regardless of whether it occurs in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States.
Defines "tribal coalition" to mean an established nonprofit, nongovernment Indian organization (including a Native Hawaiian organization) that: (1) is established to provide services to members of the coalition on a statewide, regional, or customary territory basis; (2) provides education, support, and technical assistance to member Indian service providers in a manner that enables those providers to establish and maintain culturally appropriate services designed to assist Indian women and their dependents who are victims of domestic violence, dating violence, sexual assault, and stalking; (3) serves as an information clearinghouse and resource center for Indian programs addressing domestic violence and sexual assault; (4) is comprised of board and general members that are representative of such providers and the tribal communities in which the services are being provided; (5) supports the development of legislation, policies, protocols, procedures, and guidance to enhance domestic violence and sexual assault intervention and prevention efforts in the Indian tribes and communities to be served; and (6) 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) Amends the Indian Civil Rights Act of 1968 to give Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent, not exclusive.
Allows a defendant to file for the dismissal of a case if neither the defendant or alleged victim is an Indian or has certain ties to the tribe.
Authorizes the Attorney General to award grants to assist Indian tribes in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes. Authorizes appropriations for such grant program and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems.
(Sec. 202) Amends the federal criminal code to give Indian courts civil jurisdiction to issue and enforce protection orders.
(Sec. 203) Increases the maximum federal penalties for assault convictions. Subjects individuals who: (1) commit an assault resulting in substantial bodily injury to a spouse, intimate partner, or a dating partner to a fine, imprisonment for up to five years, or both; and (2) assault a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate to a fine, imprisonment up to 10 years, or both. Makes federal felony assault penalties applicable to Indians.
(Sec. 204) Makes Indian tribes' criminal jurisdiction over domestic violence, dating violence, and violations of protection orders that occur on their lands effective two years after this Act's enactment. Gives Indian tribes the opportunity to participate in a pilot project that allows them to exercise that jurisdiction sooner.
(Sec. 205) Amends the federal criminal code to subject individuals who commit a sexual abuse felony to a fine, imprisonment for up to 20 years, or both.
Subjects individuals convicted under tribal law of repeat domestic violence or stalking offenses to maximum federal penalty provisions for repeat offenders.
(Sec. 206) Establishes maximum federal penalties for first time and repeat violators of civil protection orders issued by Indian courts.
(Sec. 207) Amends the Indian Law Enforcement Reform Act to require the Office of Justice Services in the Bureau of Indian Affairs (BIA) to report to Congress each fiscal year on the high priority performance goal pilot program carried out by the Secretary to reduce violent crime in Indian communities.
Title III: Indian Law and Order Commission - (Sec. 301) Amends the Indian Law Enforcement Reform Act to extend the Indian Law and Order Commission's reporting deadline by one year, from July 29, 2012, to July 29, 2013.
Title IV: Safety Enhancement Study and Demonstration Projects - (Sec. 401) Amends the Indian Civil Rights Act of 1968 to authorize the Secretary to select up to five Indian tribes in each of FY2012-FY2018 to participate in demonstration projects that: (1) require the Secretary, in consultation with a participating tribe, to promulgate regulations regarding the management and use of, and public safety in, Indian country; and (2) allow tribal law enforcement officers to enforce those regulations.
Requires the Secretary to favor proposed projects when the U.S. Attorney for the district where the project is to take place consents to the project.
Establishes penalties for those who violate regulations promulgated pursuant to the project and allows them to be tried and sentenced by any U.S. magistrate judge designated for that purpose.
Allows project regulations to remain in effect up to four years after the expiration of the applicable demonstration project.
Directs the Secretary to report to Congress, by September 30, 2016, regarding the effectiveness of the demonstration projects.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Introduced in Senate (IS)]
112th CONGRESS
1st Session
S. 1763
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, and Mr. Baucus) introduced the following bill;
which was read twice and referred to the Committee on Indian Affairs
_______________________________________________________________________
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,
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. Other amendments.
TITLE III--INDIAN LAW AND ORDER COMMISSION
Sec. 301. Indian Law and Order Commission.
TITLE I--GRANT PROGRAMS
SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS.
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--
(1) in paragraph (2), by inserting ``sex trafficking,''
after ``sexual assault,'';
(2) in paragraph (4), by inserting ``sex trafficking,''
after ``sexual assault,'';
(3) in paragraph (5), by inserting ``sexual assault, sex
trafficking,'' after ``dating violence,'';
(4) in paragraph (7)--
(A) by inserting ``sex trafficking,'' after
``sexual assault,'' each place it appears; and
(B) by striking ``and'' at the end;
(5) in paragraph (8)--
(A) by inserting ``sex trafficking,'' after
``stalking,''; and
(B) by striking the period at the end and inserting
a semicolon; and
(6) 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 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.''.
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
each established tribal coalition 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 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.
``(2) Grants.--
``(A) In general.--Subject to subparagraph (B), the
Attorney General shall award grants on annual basis
under paragraph (1) to--
``(i) 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
``(ii) organizations that propose to
incorporate and operate a tribal coalition in
areas where Indian tribes are located but no
tribal coalition exists.
``(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).
``(3) Use of amounts.--For each of fiscal years 2013
through 2017, of the amounts appropriated to carry out this
subsection--
``(A) 10 percent shall be made available to
organizations described in paragraph (2)(A)(ii); and
``(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.
``(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)(A) 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 2 years after the date of enactment of
the Stand Against Violence and Empower Native Women
Act, the National''; and
(B) by inserting ``and in Native villages'' 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 (18) through (22) and (23)
through (37) as paragraphs (19) through (23) and (25) through
(39), respectively;
(2) by inserting after paragraph (17) the following:
``(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).'';
(3) in paragraph (22) (as redesignated by paragraph (1))--
(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 under the jurisdiction
of a federally recognized Indian tribe.'';
(4) by inserting after paragraph (23) (as redesignated by
paragraph (1)) the following:
``(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
(5) by striking paragraph (31) (as redesignated by
paragraph (1)) and inserting the following:
``(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--
``(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;
``(B) is comprised of board and general members
that are representative of--
``(i) the service providers described in
subparagraph (A); and
``(ii) the tribal communities in which the
services are being provided;
``(C) serves as an information clearinghouse and
resource center for Indian programs addressing domestic
violence and sexual assault;
``(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
``(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.''.
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.''.
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. OTHER AMENDMENTS.
(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''.
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''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6919-6920)
Read twice and referred to the Committee on Indian Affairs. (text of measure as introduced: CR S6920-6922)
Committee on Indian Affairs. Hearings held. Hearings printed: S.Hrg. 112-489.
Committee on Indian Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Indian Affairs. Reported by Senator Akaka with an amendment in the nature of a substitute. With written report No. 112-265.
Committee on Indian Affairs. Reported by Senator Akaka with an amendment in the nature of a substitute. With written report No. 112-265.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 579.
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