[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6625 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 6625

 To grant Indian tribes jurisdiction over crimes of domestic violence 
            that occur in the Indian country of that tribe.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 3, 2012

    Mr. Issa (for himself, Mr. Cole, Mr. McHenry, and Mr. Simpson) 
 introduced the following bill; which was referred to the Committee on 
 the Judiciary, and in addition to the Committee on Natural Resources, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To grant Indian tribes jurisdiction over crimes of domestic violence 
            that occur in the Indian country of that tribe.

    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 ``Violence Against Indian Women Act of 
2012''.

SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

    (a) In General.--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 or 
        intimate partner 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 intimate partner, or by a person similarly situated 
        to a spouse of the victim under the domestic- or family-
        violence laws of an 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'--
                    ``(A) 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; and
                    ``(B) includes any temporary or final order issued 
                by a civil or criminal court, whether obtained by 
                filing an independent action or as a pendent lite order 
                in another proceeding, if 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 sections 201 and 203, 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.--The exercise of special 
        domestic violence criminal jurisdiction by a participating 
        tribe shall be concurrent with the jurisdiction of the United 
        States, of a State, or of both.
            ``(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.
            ``(4) Exceptions.--
                    ``(A) Victim and defendant are both non-indians.--
                            ``(i) In general.--A participating tribe 
                        may not exercise special domestic violence 
                        criminal jurisdiction over an alleged offense 
                        if neither the defendant nor the alleged victim 
                        is an Indian.
                            ``(ii) Definition of victim.--In this 
                        subparagraph and with respect to a criminal 
                        proceeding in which a participating tribe 
                        exercises special domestic violence criminal 
                        jurisdiction based on a violation of a 
                        protection order, the term `victim' means a 
                        person specifically protected by a protection 
                        order that the defendant allegedly violated.
                    ``(B) Defendant lacks ties to the indian tribe.--A 
                participating tribe may exercise special domestic 
                violence criminal jurisdiction over a defendant only if 
                the defendant--
                            ``(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, intimate partner, or 
                        dating partner of--
                                    ``(I) a member of the participating 
                                tribe; or
                                    ``(II) an Indian who resides in the 
                                Indian country of the participating 
                                tribe.
    ``(c) Criminal Conduct.--A participating tribe may exercise special 
domestic violence criminal jurisdiction over a defendant for criminal 
conduct that falls into one 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;
                            ``(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.
    ``(d) 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 may be 
        imposed, all rights described in section 202(c);
            ``(3) the right to a trial by an impartial jury that is 
        drawn from sources that--
                    ``(A) reflect a fair cross section of the 
                community; and
                    ``(B) do not systematically exclude any distinctive 
                group in the community, including non-Indians; and
            ``(4) 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 special domestic violence criminal 
        jurisdiction over the defendant.
    ``(e) 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.
            ``(3) Notice.--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 203.
    ``(f) Subject to Removal.--A defendant charged with a crime under 
this section may petition the appropriate Federal district for removal 
pursuant to section 3245 of title 18, United States Code.
    ``(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 of 
                law enforcement or court personnel 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 $5,000,000 for each of fiscal years 2013 through 2017 to 
carry out subsection (g) and to provide training, technical assistance, 
data collection, and evaluation of the criminal justice systems of 
participating tribes.''.
    (b) Clerical Amendment.--The table of sections for title II of the 
Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) is amended by 
inserting after the item relating to section 203 the following:

``Sec. 204. Tribal jurisdiction over crimes of domestic violence.''.

SEC. 3. REMOVAL OF CRIMINAL PROSECUTIONS.

    (a) In General.--Chapter 211 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 3245. Removal criminal prosecutions brought under section 204 of 
              the Indian Civil Rights Act
    ``(a) Notice of Removal.--A defendant charged with a crime pursuant 
to section 204 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1304) 
shall file in the district court of the United States for the district 
and division within which such prosecution is pending a notice of 
removal signed pursuant to Rule 11 of the Federal Rules of Civil 
Procedure and containing a short and plain statement of the grounds for 
removal under subsection (b), together with a copy of all process, 
pleadings, and orders served upon such defendant or defendants in such 
action.
    ``(b) Grounds for Removal.--No case shall be removed unless the 
defendant has proven by a preponderance of the evidence that a right 
guaranteed them under section 202 of the Indian Civil Rights Act of 
1968 (25 U.S.C. 1302), has been violated, the tribal court has failed 
to adequately remedy the violation, and the violation is prejudicial to 
the defendant.
    ``(c) Requirements.--
            ``(1) A notice of removal of a criminal prosecution for 
        domestic violence shall be filed not later than 30 days after 
        the arraignment in the Tribal court, or at any time before 
        trial, whichever is earlier, except that for good cause shown 
        the United States district court may enter an order granting 
        the defendant or defendants leave to file the notice at a later 
        time.
            ``(2) A notice of removal of a criminal prosecution for 
        domestic violence shall include all grounds for such removal. A 
        failure to state grounds that exist at the time of the filing 
        of the notice shall constitute a waiver of such grounds, and a 
        second notice may be filed only on grounds not existing at the 
        time of the original notice. For good cause shown, the United 
        States district court may grant relief from the limitations of 
        this paragraph.
            ``(3) The filing of a notice of removal of a criminal 
        prosecution for domestic violence shall not prevent the Tribal 
        court in which such prosecution is pending from proceeding 
        further, except that a judgment of conviction shall not be 
        entered unless the prosecution is first remanded.
            ``(4) The United States district court in which such notice 
        is filed shall examine the notice promptly. If it clearly 
        appears on the face of the notice and any exhibits annexed 
        thereto that removal should not be permitted, the court shall 
        make an order for summary remand.
            ``(5) If the United States district court does not order 
        the summary remand of such prosecution, it shall order an 
        evidentiary hearing to be held promptly and, after such 
        hearing, shall make such disposition of the prosecution as 
        justice shall require. If the United States district court 
        determines that removal shall be permitted, it shall so notify 
        the Tribal court in which prosecution is pending, which shall 
        proceed no further.
    ``(d) Writ of Habeas Corpus.--If the defendant or defendants are in 
actual custody on process issued by the Tribal court, the district 
court shall issue its writ of habeas corpus, and the marshal shall 
thereupon take such defendant or defendants into the marshal's custody 
and deliver a copy of the writ to the clerk of such Tribal court.
    ``(e) Definition.--In this section, the term `domestic violence' 
has the meaning given such term in section 40002 of the Violence 
Against Women Act of 1994 (42 U.S.C. 13925).''.
    (b) Clerical Amendment.--The table of sections for chapter 211 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3244 the following:

``3245. Removal criminal prosecutions brought under section 204 of the 
                            Indian Civil Rights Act.''.
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