(Original Signature of Member) CONGRESS S H. R. ll...of Indian tribes to respond to violent crimes...

[112H4154]

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(Original Signature of Member)

113TH CONGRESS 1ST SESSION H. R. ll

To decrease the incidence of violent crimes against Indian women, to strength-

en 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 HOUSE OF REPRESENTATIVES

Ms. MCCOLLUM introduced the following bill; which was referred to the

Committee on llllllllllllll

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 re-

spond to violent crimes committed against Indian women,

and to ensure that perpetrators of violent crimes com-

mitted against Indian women are held accountable for

that criminal behavior, and for other purposes.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

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SECTION 1. SHORT TITLE. 1

This Act may be cited as the ‘‘Stand Against Violence 2

and Empower Native Women Act’’, or the ‘‘SAVE Native 3

Women Act’’. 4

SEC. 2. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 5

Section 2015(a) of title I of the Omnibus Crime Con-6

trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg–7

10(a)) is amended—8

(1) in paragraph (2), by inserting ‘‘sex traf-9

ficking,’’ after ‘‘sexual assault,’’; 10

(2) in paragraph (4), by inserting ‘‘sex traf-11

ficking,’’ after ‘‘sexual assault,’’; 12

(3) in paragraph (5), by striking ‘‘and stalking’’ 13

and all that follows and inserting ‘‘sexual assault, 14

sex trafficking, and stalking;’’; 15

(4) in paragraph (7)—16

(A) by inserting ‘‘sex trafficking,’’ after 17

‘‘sexual assault,’’ each place it appears; and 18

(B) by striking ‘‘and’’ at the end; 19


(A) by inserting ‘‘sex trafficking,’’ after 21

‘‘stalking,’’; and 22

(B) by striking the period at the end and 23

inserting a semicolon; and 24

(6) by adding at the end the following: 25



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‘‘(9) provide services to address the needs of 1

youth who are victims of domestic violence, dating 2

violence, sexual assault, sex trafficking, or stalking 3

and the needs of youth and children exposed to do-4

mestic violence, dating violence, sexual assault, or 5

stalking, including support for the nonabusing par-6

ent or the caretaker of the youth or child; and 7

‘‘(10) develop and promote legislation and poli-8

cies that enhance best practices for responding to 9

violent crimes against Indian women, including the 10

crimes of domestic violence, dating violence, sexual 11

assault, sex trafficking, and stalking.’’. 12

SEC. 3. GRANTS TO INDIAN TRIBAL COALITIONS. 13

Section 2001(d) of title I of the Omnibus Crime Con-14

trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 15

is amended to read as follows: 16

‘‘(d) TRIBAL COALITION GRANTS.—17

‘‘(1) PURPOSE.—The Attorney General shall 18

award a grant to tribal coalitions for purposes of—19

‘‘(A) increasing awareness of domestic vio-20

lence and sexual assault against Indian women; 21

‘‘(B) enhancing the response to violence 22

against Indian women at the Federal, State, 23

and tribal levels; 24



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‘‘(C) identifying and providing technical 1

assistance to coalition membership and tribal 2

communities to enhance access to essential serv-3

ices to Indian women victimized by domestic 4

and sexual violence, including sex trafficking; 5

and 6

‘‘(D) assisting Indian tribes in developing 7

and promoting State, local, and tribal legisla-8

tion and policies that enhance best practices for 9

responding to violent crimes against Indian 10

women, including the crimes of domestic vio-11

lence, dating violence, sexual assault, sex traf-12

ficking, and stalking. 13

‘‘(2) GRANTS.—The Attorney General shall 14

award grants on an annual basis under paragraph 15

(1) to—16

‘‘(A) each tribal coalition that—17

‘‘(i) meets the criteria of a tribal coa-18

lition under section 40002(a) of the Vio-19

lence Against Women Act of 1994 (42 20

U.S.C. 13925(a)); 21

‘‘(ii) is recognized by the Office on Vi-22

olence Against Women; 23

‘‘(iii) provides services to Indian 24

tribes; and 25



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‘‘(iv) meets any additional criteria the 1

Attorney General may require; and 2

‘‘(B) organizations that propose to incor-3

porate and operate a tribal coalition in areas 4

where Indian tribes are located but no tribal co-5

alition exists. 6

‘‘(3) USE OF AMOUNTS.—For each of fiscal 7

years 2014 through 2018, of the amounts appro-8

priated to carry out this subsection—9

‘‘(A) not more than 10 percent shall be 10

made available to organizations described in 11

paragraph (2)(B), provided that 1 or more or-12

ganizations determined by the Attorney General 13

to be qualified apply; and 14

‘‘(B) not less than 90 percent shall be 15

made available to tribal coalitions described in 16

paragraph (2)(A), which amounts shall be dis-17

tributed equally among each eligible tribal coali-18

tion for the applicable fiscal year. 19

‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Re-20

ceipt of an award under this subsection by a tribal 21

coalition shall not preclude the tribal coalition from 22

receiving additional grants under this title to carry 23

out the purposes described in paragraph (1). 24



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‘‘(5) MULTIPLE PURPOSE APPLICATIONS.—1

Nothing in this subsection prohibits any tribal coali-2

tion or organization described in paragraph (2) from 3

applying for funding to address sexual assault or do-4

mestic violence needs in the same application.’’. 5

SEC. 4. CONSULTATION. 6

Section 903 of the Violence Against Women and De-7

partment of Justice Reauthorization Act of 2005 (42 8

U.S.C. 14045d) is amended—9

(1) in subsection (a)—10

(A) by striking ‘‘and the Violence Against 11

Women Act of 2000’’ and inserting ‘‘, the Vio-12

lence Against Women Act of 2000’’; and 13

(B) by inserting ‘‘, and the Stand Against 14

Violence and Empower Native Women Act’’ be-15

fore the period at the end; 16

(2) in subsection (b)—17

(A) in the matter preceding paragraph (1), 18

by striking ‘‘Secretary of the Department of 19

Health and Human Services’’ and inserting 20

‘‘Secretary of Health and Human Services, the 21

Secretary of the Interior,’’; and 22

(B) in paragraph (2), by striking ‘‘and 23

stalking’’ and inserting ‘‘stalking, and sex traf-24

ficking’’; and 25



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(3) by adding at the end the following: 1

‘‘(c) ANNUAL REPORT.—The Attorney General shall 2

submit to Congress an annual report on the annual con-3

sultations required under subsection (a) that—4

‘‘(1) contains the recommendations made under 5

subsection (b) by Indian tribes during the year cov-6

ered by the report; 7

‘‘(2) describes actions taken during the year 8

covered by the report to respond to recommenda-9

tions made under subsection (b) during the year or 10

a previous year; and 11

‘‘(3) describes how the Attorney General will 12

work in coordination and collaboration with Indian 13

tribes, the Secretary of Health and Human Services, 14

and the Secretary of the Interior to address the rec-15

ommendations made under subsection (b). 16

‘‘(d) NOTICE.—Not later than 120 days before the 17

date of a consultation under subsection (a), the Attorney 18

General shall notify tribal leaders of the date, time, and 19

location of the consultation.’’. 20

SEC. 5. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 21

VIOLENCE. 22

Title II of Public Law 90–284 (25 U.S.C. 1301 et 23

seq.) (commonly known as the ‘‘Indian Civil Rights Act 24

of 1968’’) is amended by adding at the end the following: 25



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‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES-1

TIC VIOLENCE. 2

‘‘(a) DEFINITIONS.—In this section: 3

‘‘(1) DATING VIOLENCE.—The term ‘dating vio-4

lence’ means violence committed by a person who is 5

or has been in a social relationship of a romantic or 6

intimate nature with the victim, as determined by 7

the length of the relationship, the type of relation-8

ship, and the frequency of interaction between the 9

persons involved in the relationship. 10

‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes-11

tic violence’ means violence committed by a current 12

or former spouse or intimate partner of the victim, 13

by a person with whom the victim shares a child in 14

common, by a person who is cohabitating with or 15

has cohabitated with the victim as a spouse or inti-16

mate partner, or by a person similarly situated to a 17

spouse of the victim under the domestic- or family- 18

violence laws of an Indian tribe that has jurisdiction 19

over the Indian country where the violence occurs. 20

‘‘(3) INDIAN COUNTRY.—The term ‘Indian 21

country’ has the meaning given the term in section 22

1151 of title 18, United States Code. 23

‘‘(4) PARTICIPATING TRIBE.—The term ‘partici-24

pating tribe’ means an Indian tribe that elects to ex-25



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ercise special domestic violence criminal jurisdiction 1

over the Indian country of that Indian tribe. 2

‘‘(5) PROTECTION ORDER.—The term ‘protec-3

tion order’—4

‘‘(A) means any injunction, restraining 5

order, or other order issued by a civil or crimi-6

nal court for the purpose of preventing violent 7

or threatening acts or harassment against, sex-8

ual violence against, contact or communication 9

with, or physical proximity to, another person; 10

and 11

‘‘(B) includes any temporary or final order 12

issued by a civil or criminal court, whether ob-13

tained by filing an independent action or as a 14

pendent lite order in another proceeding, if the 15

civil or criminal order was issued in response to 16

a complaint, petition, or motion filed by or on 17

behalf of a person seeking protection. 18

‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL 19

JURISDICTION.—The term ‘special domestic violence 20

criminal jurisdiction’ means the criminal jurisdiction 21

that a participating tribe may exercise under this 22

section but could not otherwise exercise. 23

‘‘(7) SPOUSE OR INTIMATE PARTNER.—The 24

term ‘spouse or intimate partner’ has the meaning 25



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given the term in section 2266 of title 18, United 1

States Code. 2

‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.—3

‘‘(1) IN GENERAL.—Notwithstanding any other 4

provision of law, in addition to all powers of self-gov-5

ernment recognized and affirmed by sections 201 6

and 203, the powers of self-government of a partici-7

pating tribe include the inherent power of that tribe, 8

which is hereby recognized and affirmed, to exercise 9

special domestic violence criminal jurisdiction over 10

all persons. 11

‘‘(2) CONCURRENT JURISDICTION.—The exer-12

cise of special domestic violence criminal jurisdiction 13

by a participating tribe shall be concurrent with the 14

jurisdiction of the United States, of a State, or of 15

both. 16

‘‘(3) APPLICABILITY.—Nothing in this sec-17

tion—18

‘‘(A) creates or eliminates any Federal or 19

State criminal jurisdiction over Indian country; 20

‘‘(B) affects the authority of the United 21

States or any State government that has been 22

delegated authority by the United States to in-23

vestigate and prosecute a criminal violation in 24

Indian country; 25



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‘‘(C) shall apply to an Indian tribe in the 1

State of Alaska, except with respect to the 2

Metlakatla Indian Community, Annette Islands 3

Reserve; or 4

‘‘(D) shall limit, alter, expand, or diminish 5

the civil or criminal jurisdiction of the State of 6

Alaska or any subdivision of the State of Alas-7

ka. 8

‘‘(c) CRIMINAL CONDUCT.—A participating tribe may 9

exercise special domestic violence criminal jurisdiction over 10

a defendant for criminal conduct that falls into one or 11

more of the following categories: 12

‘‘(1) DOMESTIC VIOLENCE AND DATING VIO-13

LENCE.—An act of domestic violence or dating vio-14

lence that occurs in the Indian country of the par-15

ticipating tribe. 16

‘‘(2) VIOLATIONS OF PROTECTION ORDERS.—17

An act that—18

‘‘(A) occurs in the Indian country of the 19

participating tribe; and 20

‘‘(B) violates the portion of a protection 21

order that—22

‘‘(i) prohibits or provides protection 23

against violent or threatening acts or har-24

assment against, sexual violence against, 25



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contact or communication with, or physical 1

proximity to, another person; 2

‘‘(ii) was issued against the defend-3

ant; 4

‘‘(iii) is enforceable by the partici-5

pating tribe; and 6

‘‘(iv) is consistent with section 7

2265(b) of title 18, United States Code. 8

‘‘(d) DISMISSAL OF CERTAIN CASES.—9

‘‘(1) DEFINITION OF VICTIM.—In this sub-10

section and with respect to a criminal proceeding in 11

which a participating tribe exercises special domestic 12

violence criminal jurisdiction based on a criminal 13

violation of a protection order, the term ‘victim’ 14

means a person specifically protected by a protection 15

order that the defendant allegedly violated. 16

‘‘(2) NON-INDIAN VICTIMS AND DEFEND-17

ANTS.—In a criminal proceeding in which a partici-18

pating tribe exercises special domestic violence crimi-19

nal jurisdiction, the case shall be dismissed if—20

‘‘(A) the defendant files a pretrial motion 21

to dismiss on the grounds that the alleged of-22

fense did not involve an Indian; and 23



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‘‘(B) the participating tribe fails to prove 1

that the defendant or an alleged victim is an 2

Indian. 3

‘‘(3) TIES TO INDIAN TRIBE.—In a criminal 4

proceeding in which a participating tribe exercises 5

special domestic violence criminal jurisdiction, the 6

case shall be dismissed if—7

‘‘(A) the defendant files a pretrial motion 8

to dismiss on the grounds that the defendant 9

and the alleged victim lack sufficient ties to the 10

Indian tribe; and 11

‘‘(B) the prosecuting tribe fails to prove 12

that the defendant or an alleged victim—13

‘‘(i) resides in the Indian country of 14

the participating tribe; 15

‘‘(ii) is employed in the Indian coun-16

try of the participating tribe; or 17

‘‘(iii) is a spouse or intimate partner 18

of a member of the participating tribe. 19

‘‘(4) WAIVER.—A knowing and voluntary fail-20

ure of a defendant to file a pretrial motion described 21

in paragraph (2) or (3) shall be considered a waiver 22

of the right to seek a dismissal under this sub-23

section. 24



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‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro-1

ceeding in which a participating tribe exercises special do-2

mestic violence criminal jurisdiction, the participating 3

tribe shall provide to the defendant—4

‘‘(1) all applicable rights under this Act; 5

‘‘(2) if a term of imprisonment of any length is 6

imposed, all rights described in section 202(c); and 7

‘‘(3) all other rights whose protection is nec-8

essary under the Constitution of the United States 9

in order for Congress to recognize and affirm the in-10

herent power of the participating tribe to exercise 11

special domestic violence criminal jurisdiction over 12

the defendant. 13

‘‘(f) PETITIONS TO STAY DETENTION.—14

‘‘(1) IN GENERAL.—A person who has filed a 15

petition for a writ of habeas corpus in a court of the 16

United States under section 203 may petition that 17

court to stay further detention of that person by the 18

participating tribe. 19

‘‘(2) GRANT OF STAY.—A court shall grant a 20

stay described in paragraph (1) if the court—21

‘‘(A) finds that there is a substantial likeli-22

hood that the habeas corpus petition will be 23

granted; and 24



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‘‘(B) after giving each alleged victim in the 1

matter an opportunity to be heard, finds by 2

clear and convincing evidence that under condi-3

tions imposed by the court, the petitioner is not 4

likely to flee or pose a danger to any person or 5

the community if released. 6

‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At-7

torney General may award grants to the governments of 8

Indian tribes (or to authorized designees of those govern-9

ments)—10

‘‘(1) to strengthen tribal criminal justice sys-11

tems to assist Indian tribes in exercising special do-12

mestic violence criminal jurisdiction, including—13

‘‘(A) law enforcement (including the capac-14

ity of law enforcement or court personnel to 15

enter information into and obtain information 16

from national crime information databases); 17

‘‘(B) prosecution; 18

‘‘(C) trial and appellate courts; 19

‘‘(D) probation systems; 20

‘‘(E) detention and correctional facilities; 21

‘‘(F) alternative rehabilitation centers; 22

‘‘(G) culturally appropriate services and 23

assistance for victims and their families; and 24



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‘‘(H) criminal codes and rules of criminal 1

procedure, appellate procedure, and evidence; 2

‘‘(2) to provide indigent criminal defendants 3

with the effective assistance of licensed defense 4

counsel, at no cost to the defendant, in criminal pro-5

ceedings in which a participating tribe prosecutes a 6

crime of domestic violence or dating violence or a 7

criminal violation of a protection order; 8

‘‘(3) to ensure that, in criminal proceedings in 9

which a participating tribe exercises special domestic 10

violence criminal jurisdiction, jurors are summoned, 11

selected, and instructed in a manner consistent with 12

all applicable requirements; and 13

‘‘(4) to accord victims of domestic violence, dat-14

ing violence, and violations of protection orders 15

rights that are similar to the rights of a crime victim 16

described in section 3771(a) of title 18, United 17

States Code, consistent with tribal law and custom. 18

‘‘(h) SUPPLEMENT, NOT SUPPLANT.—Amounts 19

made available under this section shall supplement and 20

not supplant any other Federal, State, tribal, or local gov-21

ernment amounts made available to carry out activities de-22

scribed in this section. 23

‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There 24

are authorized to be appropriated $5,000,000 for each of 25



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fiscal years 2014 through 2018 to carry out subsection 1

(g) and to provide training, technical assistance, data col-2

lection, and evaluation of the criminal justice systems of 3

participating tribes..’’. 4

SEC. 6. TRIBAL PROTECTION ORDERS. 5

Section 2265 of title 18, United States Code, is 6

amended by striking subsection (e) and inserting the fol-7

lowing: 8

‘‘(e) TRIBAL COURT JURISDICTION.—9

‘‘(1) IN GENERAL.—Except as provided in para-10

graph (2), for purposes of this section, a court of an 11

Indian tribe shall have full civil jurisdiction to issue 12

and enforce protection orders involving any person, 13

including the authority to enforce any orders 14

through civil contempt proceedings, to exclude viola-15

tors from Indian land, and to use other appropriate 16

mechanisms, in matters arising anywhere in the In-17

dian country of the Indian tribe (as defined in sec-18

tion 1151) or otherwise within the authority of the 19

Indian tribe. 20

‘‘(2) APPLICABILITY.—Paragraph (1)—21

‘‘(A) shall not apply to an Indian tribe in 22

the State of Alaska, except with respect to the 23

Metlakatla Indian Community, Annette Islands 24

Reserve; and 25



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‘‘(B) shall not limit, alter, expand, or di-1

minish the civil or criminal jurisdiction of the 2

State of Alaska or any subdivision of the State 3

of Alaska.’’. 4

SEC. 7. AMENDMENTS TO THE FEDERAL ASSAULT STAT-5

UTE. 6

(a) IN GENERAL.—Section 113 of title 18, United 7

States Code, is amended—8

(1) in subsection (a)—9

(A) by striking paragraph (1) and insert-10

ing the following: 11

‘‘(1) Assault with intent to commit murder or 12

a violation of section 2241 or 2242, by a fine under 13

this title, imprisonment for not more than 20 years, 14

or both.’’; 15

(B) in paragraph (2), by striking ‘‘felony 16

under chapter 109A’’ and inserting ‘‘violation 17

of section 2241 or 2242’’; 18

(C) in paragraph (3) by striking ‘‘and 19

without just cause or excuse,’’; 20

(D) in paragraph (4), by striking ‘‘six 21

months’’ and inserting ‘‘1 year’’; 22

(E) in paragraph (7)—23

(i) by striking ‘‘substantial bodily in-24

jury to an individual who has not attained 25



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the age of 16 years’’ and inserting ‘‘sub-1

stantial bodily injury to a spouse or inti-2

mate partner, a dating partner, or an indi-3

vidual who has not attained the age of 16 4

years’’; and 5

(ii) by striking ‘‘fine’’ and inserting 6

‘‘a fine’’; and 7

(F) by adding at the end the following: 8

‘‘(8) Assault of a spouse, intimate partner, or 9

dating partner by strangling, suffocating, or at-10

tempting to strangle or suffocate, by a fine under 11

this title, imprisonment for not more than 10 years, 12

or both.’’; and 13

(2) in subsection (b)—14

(A) by striking ‘‘(b) As used in this sub-15

section—’’ and inserting the following: 16

‘‘(b) DEFINITIONS.—In this section—’’; 17

(B) in paragraph (1)(B), by striking 18

‘‘and’’ at the end; 19

(C) in paragraph (2), by striking the pe-20

riod at the end and inserting a semicolon; and 21

(D) by adding at the end the following: 22

‘‘(3) the terms ‘dating partner’ and ‘spouse or 23

intimate partner’ have the meanings given those 24

terms in section 2266; 25



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‘‘(4) the term ‘strangling’ means intentionally, 1

knowingly, or recklessly impeding the normal breath-2

ing or circulation of the blood of a person by apply-3

ing pressure to the throat or neck, regardless of 4

whether that conduct results in any visible injury or 5

whether there is any intent to kill or protractedly in-6

jure the victim; and 7

‘‘(5) the term ‘suffocating’ means intentionally, 8

knowingly, or recklessly impeding the normal breath-9

ing of a person by covering the mouth of the person, 10

the nose of the person, or both, regardless of wheth-11

er that conduct results in any visible injury or 12

whether there is any intent to kill or protractedly in-13

jure the victim.’’. 14

(b) INDIAN MAJOR CRIMES.—Section 1153(a) of title 15

18, United States Code, is amended by striking ‘‘assault 16

with intent to commit murder, assault with a dangerous 17

weapon, assault resulting in serious bodily injury (as de-18

fined in section 1365 of this title)’’ and inserting ‘‘a felony 19

assault under section 113’’. 20

(c) REPEAT OFFENDERS.—Section 2265A(b)(1)(B) 21

of title 18, United States Code, is amended by inserting 22

‘‘or tribal’’ after ‘‘State’’. 23



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SEC. 8. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 1

INDIAN WOMEN. 2

(a) IN GENERAL.—Section 904(a) of the Violence 3

Against Women and Department of Justice Reauthoriza-4

tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend-5

ed—6


(A) by striking ‘‘The National’’ and insert-8

ing ‘‘Not later than 2 years after the date of 9

enactment of the Stand Against Violence and 10

Empower Native Women Act, the National’’; 11

and 12

(B) by inserting ‘‘and in Native villages 13

(as defined in section 3 of the Alaska Native 14

Claims Settlement Act (43 U.S.C. 1602)), and 15

Native Hawaiian women’’ before the period at 16

the end; 17

(2) in paragraph (2)(A)—18

(A) in clause (iv), by striking ‘‘and’’ at the 19

end; 20

(B) in clause (v), by striking the period at 21

the end and inserting ‘‘; and’’; and 22

(C) by adding at the end the following: 23

‘‘(vi) sex trafficking.’’; 24



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22

(3) in paragraph (4), by striking ‘‘this Act’’ and 1

inserting ‘‘the Stand Against Violence and Empower 2

Native Women Act’’; and 3

(4) in paragraph (5), by striking ‘‘this section 4

$1,000,000 for each of fiscal years 2007 and 2008’’ 5

and inserting ‘‘this subsection $1,000,000 for each 6

of fiscal years 2014 and 2015’’. 7

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 8

905(b)(2) of the Violence Against Women and Depart-9

ment of Justice Reauthorization Act of 2005 (28 U.S.C. 10

534 note) is amended by striking ‘‘fiscal years 2007 11

through 2011’’ and inserting ‘‘fiscal years 2014 through 12

2018’’. 13

SEC. 9. INDIAN LAW AND ORDER COMMISSION. 14

Section 15(f) of the Indian Law Enforcement Reform 15

Act (25 U.S.C. 2812(f)) is amended by striking ‘‘2 years’’ 16

and inserting ‘‘3 years’’. 17

SEC. 10. REPORT ON ALASKA RURAL JUSTICE AND LAW EN-18

FORCEMENT COMMISSION. 19

The Attorney General, after consultation with the At-20

torney General of the State of Alaska, the Commissioner 21

of Public Safety of the State of Alaska, the Alaska Fed-22

eration of Natives, and federally recognized Indian tribes 23

in the State of Alaska, shall report to Congress not later 24

than one year after enactment of this Act with respect 25



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23

to whether the Alaska Rural Justice and Law Enforce-1

ment Commission established under section 112(a)(1) of 2

the Consolidated Appropriations Act, 2004 should be con-3

tinued and whether appropriations should be authorized 4

for the continued work of the commission. The report may 5

contain recommendations for legislation with respect to 6

the scope of the work and composition of the commission. 7

SEC. 11. GRANTS TO ENCOURAGE ARREST POLICIES AND 8

ENFORCEMENT OF PROTECTION ORDERS. 9

(a) IN GENERAL.—Part U of title I of the Omnibus 10

Crime Control and Safe Streets Act of 1968 (42 U.S.C. 11

3796hh et seq.) is amended—12

(1) in section 2101 (42 U.S.C. 3796hh)—13

(A) in subsection (b)—14

(i) in the matter preceding paragraph 15

(1), by striking ‘‘States,’’ and all that fol-16

lows through ‘‘units of local government’’ 17

and inserting ‘‘grantees’’; 18

(ii) in paragraph (1), by inserting 19

‘‘and enforcement of protection orders 20

across State and tribal lines’’ before the 21

period; 22

(iii) in paragraph (2), by striking 23

‘‘and training in police departments to im-24

prove tracking of cases’’ and inserting 25



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24

‘‘data collection systems, and training in 1

police departments to improve tracking of 2

cases and classification of complaints’’; 3

(iv) in paragraph (4), by inserting 4

‘‘and provide the appropriate training and 5

education about domestic violence, dating 6

violence, sexual assault, and stalking’’ after 7

‘‘computer tracking systems’’; 8

(v) in paragraph (5), by inserting 9

‘‘and other victim services’’ after ‘‘legal ad-10

vocacy service programs’’; 11

(vi) in paragraph (6), by striking 12

‘‘judges’’ and inserting ‘‘Federal, State, 13

tribal, territorial, and local judges, courts, 14

and court-based and court-related per-15

sonnel’’; 16

(vii) in paragraph (8), by striking 17

‘‘and sexual assault’’ and inserting ‘‘dating 18

violence, sexual assault, and stalking’’; 19

(viii) in paragraph (10), by striking 20

‘‘non-profit, non-governmental victim serv-21

ices organizations,’’ and inserting ‘‘victim 22

service providers, staff from population 23

specific organizations,’’; and 24



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25

(ix) by adding at the end the fol-1

lowing: 2

‘‘(14) To develop and implement training pro-3

grams for prosecutors and other prosecution-related 4

personnel regarding best practices to ensure offender 5

accountability, victim safety, and victim consultation 6

in cases involving domestic violence, dating violence, 7

sexual assault, and stalking. 8

‘‘(15) To develop or strengthen policies, proto-9

cols, and training for law enforcement, prosecutors, 10

and the judiciary in recognizing, investigating, and 11

prosecuting instances of domestic violence, dating vi-12

olence, sexual assault, and stalking against immi-13

grant victims, including the appropriate use of appli-14

cations for nonimmigrant status under subpara-15

graphs (T) and (U) of section 101(a)(15) of the Im-16

migration and Nationality Act (8 U.S.C. 17

1101(a)(15)). 18

‘‘(16) To develop and promote State, local, or 19

tribal legislation and policies that enhance best prac-20

tices for responding to the crimes of domestic vio-21

lence, dating violence, sexual assault, and stalking, 22

including the appropriate treatment of victims. 23

‘‘(17) To develop, implement, or enhance sexual 24

assault nurse examiner programs or sexual assault 25



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26

forensic examiner programs, including the hiring 1

and training of such examiners. 2

‘‘(18) To develop, implement, or enhance Sex-3

ual Assault Response Teams or similar coordinated 4

community responses to sexual assault. 5

‘‘(19) To develop and strengthen policies, proto-6

cols, and training for law enforcement officers and 7

prosecutors regarding the investigation and prosecu-8

tion of sexual assault cases and the appropriate 9

treatment of victims. 10

‘‘(20) To provide human immunodeficiency 11

virus testing programs, counseling, and prophylaxis 12

for victims of sexual assault. 13

‘‘(21) To identify and inventory backlogs of sex-14

ual assault evidence collection kits and to develop 15

protocols for responding to and addressing such 16

backlogs, including policies and protocols for noti-17

fying and involving victims. 18

‘‘(22) To develop multidisciplinary high-risk 19

teams focusing on reducing domestic violence and 20

dating violence homicides by—21

‘‘(A) using evidence-based indicators to as-22

sess the risk of homicide and link high-risk vic-23

tims to immediate crisis intervention services; 24



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27

‘‘(B) identifying and managing high-risk 1

offenders; and 2

‘‘(C) providing ongoing victim advocacy 3

and referrals to comprehensive services includ-4

ing legal, housing, health care, and economic 5

assistance.’’; 6

(B) in subsection (c)—7

(i) in paragraph (1)—8

(I) in the matter preceding sub-9

paragraph (A), by inserting ‘‘except 10

for a court,’’ before ‘‘certify’’; and 11

(II) by redesignating subpara-12

graphs (A) and (B) as clauses (i) and 13

(ii), and adjusting the margin accord-14

ingly; 15

(ii) in paragraph (2), by inserting 16

‘‘except for a court,’’ before ‘‘dem-17

onstrate’’; 18

(iii) in paragraph (3)—19

(I) by striking ‘‘spouses’’ each 20

place it appears and inserting ‘‘par-21

ties’’; and 22

(II) by striking ‘‘spouse’’ and in-23

serting ‘‘party’’; 24

(iv) in paragraph (4)—25



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28

(I) by inserting ‘‘, dating vio-1

lence, sexual assault, or stalking’’ 2

after ‘‘felony domestic violence’’; 3

(II) by inserting ‘‘modification, 4

enforcement, dismissal, withdrawal,’’ 5

after ‘‘registration,’’ each place it ap-6

pears; 7

(III) by inserting ‘‘dating vio-8

lence,’’ after ‘‘victim of domestic vio-9

lence,’’; and 10

(IV) by striking ‘‘and’’ at the 11

end; 12

(v) in paragraph (5)—13


paragraph (A), by striking ‘‘, not later 15

than 3 years after January 5, 2006’’; 16

(II) by inserting ‘‘, trial of, or 17

sentencing for’’ after ‘‘investigation 18

of’’ each place it appears; 19

(III) by redesignating subpara-20

graphs (A) and (B) as clauses (i) and 21

(ii), and adjusting the margin accord-22

ingly; 23

(IV) in clause (ii), as redesig-24

nated by subclause (III) of this 25



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29

clause, by striking ‘‘subparagraph 1

(A)’’ and inserting ‘‘clause (i)’’; and 2

(V) by striking the period at the 3

end and inserting ‘‘; and’’; 4

(vi) by redesignating paragraphs (1) 5

through (5), as amended by this subpara-6

graph, as subparagraphs (A) through (E), 7

respectively; 8

(vii) in the matter preceding subpara-9

graph (A), as redesignated by clause (v) of 10

this subparagraph—11

(I) by striking the comma that 12

immediately follows another comma; 13

and 14

(II) by striking ‘‘grantees are 15

States’’ and inserting the following: 16

‘‘grantees are—17

‘‘(1) States’’; and 18

(viii) by adding at the end the fol-19

lowing: 20

‘‘(2) a State, tribal, or territorial domestic vio-21

lence or sexual assault coalition or a victim service 22

provider that partners with a State, Indian tribal 23

government, or unit of local government that cer-24

tifies that the State, Indian tribal government, or 25



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30

unit of local government meets the requirements 1

under paragraph (1).’’; 2

(C) in subsection (d)—3

(i) in paragraph (1)—4


paragraph (A), by inserting ‘‘, policy,’’ 6

after ‘‘law’’; and 7

(II) in subparagraph (A), by in-8

serting ‘‘and the defendant is in cus-9

tody or has been served with the in-10

formation or indictment’’ before the 11

semicolon; and 12

(ii) in paragraph (2), by striking ‘‘it’’ 13

and inserting ‘‘its’’; and 14

(D) by adding at the end the following: 15

‘‘(f) ALLOCATION FOR TRIBAL COALITIONS.—Of the 16

amounts appropriated for purposes of this part for each 17

fiscal year, not less than 5 percent shall be available for 18

grants under section 2001(d) (42 U.S.C. 3796gg(d)). 19

‘‘(g) ALLOCATION FOR SEXUAL ASSAULT.—Of the 20

amounts appropriated for purposes of this part for each 21

fiscal year, not less than 25 percent shall be available for 22

projects that address sexual assault, including stranger 23

rape, acquaintance rape, alcohol or drug-facilitated rape, 24



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31

and rape within the context of an intimate partner rela-1

tionship.’’; and 2

(2) in section 2102(a) (42 U.S.C. 3796hh–3

1(a))—4

(A) in paragraph (1), by inserting ‘‘court,’’ 5

after ‘‘tribal government,’’; and 6

(B) in paragraph (4), by striking ‘‘non-7

profit, private sexual assault and domestic vio-8

lence programs’’ and inserting ‘‘victim service 9

providers and, as appropriate, population spe-10

cific organizations’’. 11

(b) AUTHORIZATION OF APPROPRIATIONS.—Section 12

1001(a)(19) of title I of the Omnibus Crime Control and 13

Safe Streets Act of 1968 (42 U.S.C. 3793(a)(19)) is 14

amended—15

(1) by striking ‘‘$75,000,000’’ and all that fol-16

lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 17

for each of fiscal years 2014 through 2018.’’; and 18

(2) by striking the period that immediately fol-19

lows another period. 20

SEC. 12. EFFECTIVE DATES; PILOT PROJECT. 21

(a) GENERAL EFFECTIVE DATE.—Except as pro-22

vided in subsections (b) and (c), the amendments made 23

by this Act shall take effect on the date of enactment of 24

this Act. 25



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32

(b) EFFECTIVE DATE FOR SPECIAL DOMESTIC VIO-1

LENCE CRIMINAL JURISDICTION.—2

(1) IN GENERAL.—Except as provided in para-3

graph (2), subsections (b) through (e) of section 204 4

of Public Law 90–284 (as added by section 5) shall 5

take effect on the date that is 2 years after the date 6

of enactment of this Act. 7

(2) PILOT PROJECT.—8

(A) IN GENERAL.—At any time during the 9

2-year period beginning on the date of enact-10

ment of this Act, an Indian tribe may ask the 11

Attorney General to designate the tribe as a 12

participating tribe under section 204(a) of Pub-13

lic Law 90–284 on an accelerated basis. 14

(B) PROCEDURE.—The Attorney General 15

may grant a request under subparagraph (A) 16

after coordinating with the Secretary of the In-17

terior, consulting with affected Indian tribes, 18

and concluding that the criminal justice system 19

of the requesting tribe has adequate safeguards 20

in place to protect defendants’ rights, consistent 21

with section 204 of Public Law 90–284. 22

(C) EFFECTIVE DATES FOR PILOT 23

PROJECTS.—An Indian tribe designated as a 24

participating tribe under this paragraph may 25



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33

commence exercising special domestic violence 1

criminal jurisdiction pursuant to subsections (b) 2

through (e) of section 204 of Public Law 90–3

284 on a date established by the Attorney Gen-4

eral, after consultation with that Indian tribe, 5

but in no event later than the date that is 2 6

years after the date of enactment of this Act. 7

(c) EFFECTIVE DATE FOR GRANT PROGRAM AMEND-8

MENTS.—The provisions of sections 2, 3, and 11 of this 9

Act shall not take effect until the beginning of the first 10

fiscal year beginning after the date of enactment of this 11

Act.12



f:\VHLC\020613\020613.047.xml (541806|1)

(Original Signature of Member) CONGRESS S H. R. ll...of Indian tribes to respond to violent crimes...

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