[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 780 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 780

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2013

Mr. Issa (for himself, Mr. Cole, Mr. Amodei, Mr. Schweikert, Mr. Kline, 
  Mr. McHenry, Mr. Simpson, and Mr. Denham) 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 authorize Indian tribes to exercise 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 
2013''.

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 pendente 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, 202, 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 criminal prosecution commenced in a 
tribal court under this section may, pursuant to section 3245 of title 
18, United States Code, be removed to the United States district court 
embracing the place where the criminal prosecution is pending, and the 
district court shall have full authority to hear and determine the 
cause.
    ``(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 2014 through 2018 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. Federal removal jurisdiction to protect the rights of 
              defendants under section 204 of the Indian Civil Rights 
              Act.
    ``(a) Notice of Removal.--A defendant desiring to remove a criminal 
prosecution from a tribal court pursuant to section 204(f) of the 
Indian Civil Rights Act of 1968 (25 U.S.C. 1304(f)) 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 criminal prosecution under section 
204 of the Indian Civil Rights Act of 1968 (25 U.S.C. 1304) shall be 
removed unless the defendant can prove by clear and convincing evidence 
that a right guaranteed them under section 204(d) of the Indian Civil 
Rights Act of 1968 (25 U.S.C. 1304(d)), 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 under 
        section 204(f) of the Indian Civil Rights Act of 1968 (25 
        U.S.C. 1304(f)) 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 under 
        section 204(f) of the Indian Civil Rights Act of 1968 (25 
        U.S.C. 1304(f)) 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 under section 204(f) of the Indian Civil Rights Act 
        of 1968 (25 U.S.C. 1304(f)) 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) Special Assistant United States Attorneys.--To assist in 
implementing this section and section 204(f) of the Indian Civil Rights 
Act of 1968 (25 U.S.C. 1304(f)) and in prosecuting crimes of domestic 
violence and dating violence in Indian country, each United States 
Attorney serving a district that includes Indian country is authorized 
and encouraged to appoint qualified tribal prosecutors as Special 
Assistant United States Attorneys pursuant to section 13(d) of the 
Indian Law Enforcement Reform Act (25 U.S.C. 2810(d)) and section 
543(a) of title 28, United States Code.''.
    (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. Federal removal jurisdiction to protect the rights of 
                            defendants under section 204 of the Indian 
                            Civil Rights Act..''.
                                 <all>