117 HR 9684 IH: Kansas Indian Country Law Enforcement Improvement Act of 2022 U.S. House of Representatives 2022-12-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I117th CONGRESS2d SessionH. R. 9684IN THE HOUSE OF REPRESENTATIVESDecember 22, 2022Mr. LaTurner (for himself and Mr. Mann) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo amend title 18, United States Code, to require affirmative consent from the governing body of certain Indian Tribes for jurisdiction to be conferred on the State of Kansas over offenses committed on the reservations of such Indian Tribes, and for other purposes.
1.
Short title
This Act may be cited as the Kansas Indian Country Law Enforcement Improvement Act of 2022.
2.
Repeal of Act of June 8, 1940
The Act of June 8, 1940 (54 Stat. 249; ch. 276) is repealed.
3.
Amendments to Kansas jurisdiction
(a)
Amendments
Section 3243 of title 18, United States Code, is amended—(1)by striking Jurisdiction is conferred and inserting the following:(a)
In general
Jurisdiction is conferred ; and(2)by adding at the end the following: (b)
Exception
With respect to offenses committed on the reservation of a covered Indian Tribe, jurisdiction may only be conferred on the State of Kansas under subsection (a) upon the affirmative consent of the governing body of such covered Indian Tribe, as reflected by a certified official Tribal resolution or law filed with the Attorney General which shall be effective upon publication in the Federal Register.(c)
Law enforcement cooperative agreements
(1)Federal agencies and State and local governments in Kansas may enter into cooperative agreements or compacts with the governing bodies of covered Indian Tribes for the purposes of improving law enforcement effectiveness, reducing crime in Indian country and nearby communities, and developing successful cooperative relationships that effectively combat crime in Indian country and nearby communities.(2)Each cooperative agreement or compact entered into pursuant to this subsection shall include the following:(A)Authorization for the deputization of law enforcement officers to enforce the laws of one or more of the other governments party to such cooperative agreement or compact.(B)Requirements for the reporting of crimes occurring within Indian country covered under such cooperative agreement or compact to appropriate State, Federal, and Tribal law enforcement entities.(C)If a covered Indian Tribe is party to the cooperative agreement or compact, a description of—(i)the geographic limits within the reservation of the covered Indian Tribe on which the State may exercise criminal jurisdiction, if any; and(ii)the categories of criminal offenses within the reservation of the covered Indian Tribe over which the State may exercise jurisdiction, if any. (D)Other requirements under Federal law.(3)The Attorney General shall, upon request from the governing body of a covered Indian Tribe, provide technical assistance in the development of cooperative agreements or compacts under this section.(d)
Covered Indian Tribe defined
In this section, the term covered Indian Tribe means the following:(1)The Iowa Tribe of Kansas and Nebraska.(2)The Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas.(3)The Prairie Band Potawatomi Nation.(4)The Sac & Fox Nation of Missouri in Kansas and Nebraska..(b)
Rule of construction
The amendments made by this Act shall not apply retroactively to any individual arrested, prosecuted, or convicted by the State of Kansas prior to the effective date under subsection (c).(c)
Effective date
The amendments made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.