I 

112TH CONGRESS 

2D SESSION H. R. 4154 

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 HOUSE OF REPRESENTATIVES 

MARCH 7, 2012 

Mr. BOREN (for himself, Mr. COLE, Ms. MCCOLLUM, Mr. INSLEE, and Mr. 

KILDEE) 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

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

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

4 Women Act’’. 

5 SEC. 2. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

6 Section 2015(a) of title I of the Omnibus Crime Con7 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

8 10(a)) is amended— 

9 (1) in paragraph (2), by inserting ‘‘sex traf10 ficking,’’ after ‘‘sexual assault,’’; 

11 (2) in paragraph (4), by inserting ‘‘sex traf12 ficking,’’ after ‘‘sexual assault,’’; 

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

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

15 sex trafficking, and stalking;’’; 

16 (4) in paragraph (7)— 

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

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

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

20 (5) in paragraph (8)— 

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

22 ‘‘stalking,’’; and 

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

24 inserting a semicolon; and 

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


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

2 youth who are victims of domestic violence, dating 

3 violence, sexual assault, sex trafficking, or stalking 

4 and the needs of youth and children exposed to do5 mestic violence, dating violence, sexual assault, or 

6 stalking, including support for the nonabusing par7 ent or the caretaker of the youth or child; and 

8 ‘‘(10) develop and promote legislation and poli9 cies that enhance best practices for responding to 

10 violent crimes against Indian women, including the 

11 crimes of domestic violence, dating violence, sexual 

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

13 SEC. 3. GRANTS TO INDIAN TRIBAL COALITIONS. 

14 Section 2001(d) of title I of the Omnibus Crime Con15 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 

16 is amended to read as follows: 

17 ‘‘(d) TRIBAL COALITION GRANTS.— 

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

19 award a grant to tribal coalitions for purposes of— 

20 ‘‘(A) increasing awareness of domestic vio21 lence and sexual assault against Indian women; 

22 ‘‘(B) enhancing the response to violence 

23 against Indian women at the Federal, State, 

24 and tribal levels; 


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1 ‘‘(C) identifying and providing technical 

2 assistance to coalition membership and tribal 

3 communities to enhance access to essential serv4 ices to Indian women victimized by domestic 

5 and sexual violence, including sex trafficking; 

6 and 

7 ‘‘(D) assisting Indian tribes in developing 

8 and promoting State, local, and tribal legisla9 tion and policies that enhance best practices for 

10 responding to violent crimes against Indian 

11 women, including the crimes of domestic vio12 lence, dating violence, sexual assault, sex traf13 ficking, and stalking. 

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

15 award grants on an annual basis under paragraph 

16 (1) to— 

17 ‘‘(A) each tribal coalition that— 

18 ‘‘(i) meets the criteria of a tribal coa19 lition under section 40002(a) of the Vio20 lence Against Women Act of 1994 (42 

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

22 ‘‘(ii) is recognized by the Office on Vi23 olence Against Women; 

24 ‘‘(iii) provides services to Indian 

25 tribes; and 


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1 ‘‘(iv) meets any additional criteria the 

2 Attorney General may require; and 

3 ‘‘(B) organizations that propose to incor4 porate and operate a tribal coalition in areas 

5 where Indian tribes are located but no tribal co6 alition exists. 

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

8 years 2013 through 2017, of the amounts appro9 priated to carry out this subsection— 

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

11 made available to organizations described in 

12 paragraph (2)(B), provided that 1 or more or13 ganizations determined by the Attorney General 

14 to be qualified apply; and 

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

16 made available to tribal coalitions described in 

17 paragraph (2)(A), which amounts shall be dis18 tributed equally among each eligible tribal coali19 tion for the applicable fiscal year. 

20 ‘‘(4) ELIGIBILITY FOR OTHER GRANTS.—Re21 ceipt of an award under this subsection by a tribal 

22 coalition shall not preclude the tribal coalition from 

23 receiving additional grants under this title to carry 

24 out the purposes described in paragraph (1). 


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1 ‘‘(5) MULTIPLE PURPOSE APPLICATIONS.— 

2 Nothing in this subsection prohibits any tribal coali3 tion or organization described in paragraph (2) from 

4 applying for funding to address sexual assault or do5 mestic violence needs in the same application.’’. 

6 SEC. 4. CONSULTATION. 

7 Section 903 of the Violence Against Women and De8 partment of Justice Reauthorization Act of 2005 (42 

9 U.S.C. 14045d) is amended— 

10 (1) in subsection (a)— 

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

12 Women Act of 2000’’ and inserting ‘‘, the Vio13 lence Against Women Act of 2000’’; and 

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

15 Violence and Empower Native Women Act’’ be16 fore the period at the end; 

17 (2) in subsection (b)— 

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

19 by striking ‘‘Secretary of the Department of 

20 Health and Human Services’’ and inserting 

21 ‘‘Secretary of Health and Human Services, the 

22 Secretary of the Interior,’’; and 

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

24 stalking’’ and inserting ‘‘stalking, and sex traf25 ficking’’; and 


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

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

3 submit to Congress an annual report on the annual con4 sultations required under subsection (a) that— 

5 ‘‘(1) contains the recommendations made under 

6 subsection (b) by Indian tribes during the year cov7 ered by the report; 

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

9 covered by the report to respond to recommenda10 tions made under subsection (b) during the year or 

11 a previous year; and 

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

13 work in coordination and collaboration with Indian 

14 tribes, the Secretary of Health and Human Services, 

15 and the Secretary of the Interior to address the rec16 ommendations made under subsection (b). 

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

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

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

20 location of the consultation.’’. 

21 SEC. 5. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 

22 VIOLENCE. 

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

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

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


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1 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES2 TIC VIOLENCE. 

3 ‘‘(a) DEFINITIONS.—In this section: 

4 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio5 lence’ means violence committed by a person who is 

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

7 intimate nature with the victim, as determined by 

8 the length of the relationship, the type of relation9 ship, and the frequency of interaction between the 

10 persons involved in the relationship. 

11 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes12 tic violence’ means violence committed by a current 

13 or former spouse or intimate partner of the victim, 

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

15 common, by a person who is cohabitating with or 

16 has cohabitated with the victim as a spouse or inti17 mate partner, or by a person similarly situated to a 

18 spouse of the victim under the domestic- or family19 violence laws of an Indian tribe that has jurisdiction 

20 over the Indian country where the violence occurs. 

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

22 country’ has the meaning given the term in section 

23 1151 of title 18, United States Code. 

24 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici25 pating tribe’ means an Indian tribe that elects to exVerDate Mar 15 2010 02:09 Mar 08, 2012 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4154.IH H4154

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1 ercise special domestic violence criminal jurisdiction 

2 over the Indian country of that Indian tribe. 

3 ‘‘(5) PROTECTION ORDER.—The term ‘protec4 tion order’— 

5 ‘‘(A) means any injunction, restraining 

6 order, or other order issued by a civil or crimi7 nal court for the purpose of preventing violent 

8 or threatening acts or harassment against, sex9 ual violence against, contact or communication 

10 with, or physical proximity to, another person; 

11 and 

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

13 issued by a civil or criminal court, whether ob14 tained by filing an independent action or as a 

15 pendent lite order in another proceeding, if the 

16 civil or criminal order was issued in response to 

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

18 behalf of a person seeking protection. 

19 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL

20 JURISDICTION.—The term ‘special domestic violence 

21 criminal jurisdiction’ means the criminal jurisdiction 

22 that a participating tribe may exercise under this 

23 section but could not otherwise exercise. 

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

25 term ‘spouse or intimate partner’ has the meaning 


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

2 States Code. 

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

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

5 provision of law, in addition to all powers of self-gov6 ernment recognized and affirmed by sections 201 

7 and 203, the powers of self-government of a partici8 pating tribe include the inherent power of that tribe, 

9 which is hereby recognized and affirmed, to exercise 

10 special domestic violence criminal jurisdiction over 

11 all persons. 

12 ‘‘(2) CONCURRENT JURISDICTION.—The exer13 cise of special domestic violence criminal jurisdiction 

14 by a participating tribe shall be concurrent with the 

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

16 both. 

17 ‘‘(3) APPLICABILITY.—Nothing in this sec18 tion— 

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

20 State criminal jurisdiction over Indian country; 

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

22 States or any State government that has been 

23 delegated authority by the United States to in24 vestigate and prosecute a criminal violation in 

25 Indian country; 


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

2 State of Alaska, except with respect to the 

3 Metlakatla Indian Community, Annette Islands 

4 Reserve; or 

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

6 the civil or criminal jurisdiction of the State of 

7 Alaska or any subdivision of the State of Alas8 ka. 

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

10 exercise special domestic violence criminal jurisdiction over 

11 a defendant for criminal conduct that falls into one or 

12 more of the following categories: 

13 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO14 LENCE.—An act of domestic violence or dating vio15 lence that occurs in the Indian country of the par16 ticipating tribe. 

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

18 An act that— 

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

20 participating tribe; and 

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

22 order that— 

23 ‘‘(i) prohibits or provides protection 

24 against violent or threatening acts or har25 assment against, sexual violence against, 


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1 contact or communication with, or physical 

2 proximity to, another person; 

3 ‘‘(ii) was issued against the defend4 ant; 

5 ‘‘(iii) is enforceable by the partici6 pating tribe; and 

7 ‘‘(iv) is consistent with section 

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

9 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

10 ‘‘(1) DEFINITION OF VICTIM.—In this sub11 section and with respect to a criminal proceeding in 

12 which a participating tribe exercises special domestic 

13 violence criminal jurisdiction based on a criminal 

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

15 means a person specifically protected by a protection 

16 order that the defendant allegedly violated. 

17 ‘‘(2) NON-INDIAN VICTIMS AND DEFEND18 ANTS.—In a criminal proceeding in which a partici19 pating tribe exercises special domestic violence crimi20 nal jurisdiction, the case shall be dismissed if— 

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

22 to dismiss on the grounds that the alleged of23 fense did not involve an Indian; and 


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

2 that the defendant or an alleged victim is an 

3 Indian. 

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

5 proceeding in which a participating tribe exercises 

6 special domestic violence criminal jurisdiction, the 

7 case shall be dismissed if— 

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

9 to dismiss on the grounds that the defendant 

10 and the alleged victim lack sufficient ties to the 

11 Indian tribe; and 

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

13 that the defendant or an alleged victim— 

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

15 the participating tribe; 

16 ‘‘(ii) is employed in the Indian coun17 try of the participating tribe; or 

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

19 of a member of the participating tribe. 

20 ‘‘(4) WAIVER.—A knowing and voluntary fail21 ure of a defendant to file a pretrial motion described 

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

23 of the right to seek a dismissal under this sub24 section. 


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1 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro2 ceeding in which a participating tribe exercises special do3 mestic violence criminal jurisdiction, the participating 

4 tribe shall provide to the defendant— 

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

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

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

8 ‘‘(3) all other rights whose protection is nec9 essary under the Constitution of the United States 

10 in order for Congress to recognize and affirm the in11 herent power of the participating tribe to exercise 

12 special domestic violence criminal jurisdiction over 

13 the defendant. 

14 ‘‘(f) PETITIONS TO STAY DETENTION.— 

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

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

17 United States under section 203 may petition that 

18 court to stay further detention of that person by the 

19 participating tribe. 

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

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

22 ‘‘(A) finds that there is a substantial likeli23 hood that the habeas corpus petition will be 

24 granted; and 


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

2 matter an opportunity to be heard, finds by 

3 clear and convincing evidence that under condi4 tions imposed by the court, the petitioner is not 

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

6 the community if released. 

7 ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At8 torney General may award grants to the governments of 

9 Indian tribes (or to authorized designees of those govern10 ments)— 

11 ‘‘(1) to strengthen tribal criminal justice sys12 tems to assist Indian tribes in exercising special do13 mestic violence criminal jurisdiction, including— 

14 ‘‘(A) law enforcement (including the capac15 ity of law enforcement or court personnel to 

16 enter information into and obtain information 

17 from national crime information databases); 

18 ‘‘(B) prosecution; 

19 ‘‘(C) trial and appellate courts; 

20 ‘‘(D) probation systems; 

21 ‘‘(E) detention and correctional facilities; 

22 ‘‘(F) alternative rehabilitation centers; 

23 ‘‘(G) culturally appropriate services and 

24 assistance for victims and their families; and 


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

2 procedure, appellate procedure, and evidence; 

3 ‘‘(2) to provide indigent criminal defendants 

4 with the effective assistance of licensed defense 

5 counsel, at no cost to the defendant, in criminal pro6 ceedings in which a participating tribe prosecutes a 

7 crime of domestic violence or dating violence or a 

8 criminal violation of a protection order; 

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

10 which a participating tribe exercises special domestic 

11 violence criminal jurisdiction, jurors are summoned, 

12 selected, and instructed in a manner consistent with 

13 all applicable requirements; and 

14 ‘‘(4) to accord victims of domestic violence, dat15 ing violence, and violations of protection orders 

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

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

18 States Code, consistent with tribal law and custom. 

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

20 made available under this section shall supplement and 

21 not supplant any other Federal, State, tribal, or local gov22 ernment amounts made available to carry out activities de23 scribed in this section. 

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

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


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1 fiscal years 2013 through 2017 to carry out subsection 

2 (g) and to provide training, technical assistance, data col3 lection, and evaluation of the criminal justice systems of 

4 participating tribes..’’. 

5 SEC. 6. TRIBAL PROTECTION ORDERS. 

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

7 amended by striking subsection (e) and inserting the fol8 lowing: 

9 ‘‘(e) TRIBAL COURT JURISDICTION.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), for purposes of this section, a court of an 

12 Indian tribe shall have full civil jurisdiction to issue 

13 and enforce protection orders involving any person, 

14 including the authority to enforce any orders 

15 through civil contempt proceedings, to exclude viola16 tors from Indian land, and to use other appropriate 

17 mechanisms, in matters arising anywhere in the In18 dian country of the Indian tribe (as defined in sec19 tion 1151) or otherwise within the authority of the 

20 Indian tribe. 

21 ‘‘(2) APPLICABILITY.—Paragraph (1)— 

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

23 the State of Alaska, except with respect to the 

24 Metlakatla Indian Community, Annette Islands 

25 Reserve; and 


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1 ‘‘(B) shall not limit, alter, expand, or di2 minish the civil or criminal jurisdiction of the 

3 State of Alaska or any subdivision of the State 

4 of Alaska.’’. 

5 SEC. 7. AMENDMENTS TO THE FEDERAL ASSAULT STAT6 UTE. 

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

8 States Code, is amended— 

9 (1) in subsection (a)— 

10 (A) by striking paragraph (1) and insert11 ing the following: 

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

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

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

15 or both.’’; 

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

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

18 of section 2241 or 2242’’; 

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

20 without just cause or excuse,’’; 

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

22 months’’ and inserting ‘‘1 year’’; 

23 (E) in paragraph (7)— 

24 (i) by striking ‘‘substantial bodily in25 jury to an individual who has not attained 


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1 the age of 16 years’’ and inserting ‘‘sub2 stantial bodily injury to a spouse or inti3 mate partner, a dating partner, or an indi4 vidual who has not attained the age of 16 

5 years’’; and 

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

7 ‘‘a fine’’; and 

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

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

10 dating partner by strangling, suffocating, or at11 tempting to strangle or suffocate, by a fine under 

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

13 or both.’’; and 

14 (2) in subsection (b)— 

15 (A) by striking ‘‘(b) As used in this sub16 section—’’ and inserting the following: 

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

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

19 ‘‘and’’ at the end; 

20 (C) in paragraph (2), by striking the pe21 riod at the end and inserting a semicolon; and 

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

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

24 intimate partner’ have the meanings given those 

25 terms in section 2266; 


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

2 knowingly, or recklessly impeding the normal breath3 ing or circulation of the blood of a person by apply4 ing pressure to the throat or neck, regardless of 

5 whether that conduct results in any visible injury or 

6 whether there is any intent to kill or protractedly in7 jure the victim; and 

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

9 knowingly, or recklessly impeding the normal breath10 ing of a person by covering the mouth of the person, 

11 the nose of the person, or both, regardless of wheth12 er that conduct results in any visible injury or 

13 whether there is any intent to kill or protractedly in14 jure the victim.’’. 

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

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

17 with intent to commit murder, assault with a dangerous 

18 weapon, assault resulting in serious bodily injury (as de19 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

20 assault under section 113’’. 

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

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

23 ‘‘or tribal’’ after ‘‘State’’. 


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1 SEC. 8. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

2 INDIAN WOMEN. 

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

4 Against Women and Department of Justice Reauthoriza5 tion Act of 2005 (42 U.S.C. 3796gg–10 note) is amend6 ed— 

7 (1) in paragraph (1)— 

8 (A) by striking ‘‘The National’’ and insert9 ing ‘‘Not later than 2 years after the date of 

10 enactment of the Stand Against Violence and 

11 Empower Native Women Act, the National’’; 

12 and 

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

14 (as defined in section 3 of the Alaska Native 

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

16 Native Hawaiian women’’ before the period at 

17 the end; 

18 (2) in paragraph (2)(A)— 

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

20 end; 

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

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

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

24 ‘‘(vi) sex trafficking.’’; 


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

2 inserting ‘‘the Stand Against Violence and Empower 

3 Native Women Act’’; and 

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

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

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

7 of fiscal years 2013 and 2014’’. 

8 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

9 905(b)(2) of the Violence Against Women and Depart10 ment of Justice Reauthorization Act of 2005 (28 U.S.C. 

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

12 through 2011’’ and inserting ‘‘fiscal years 2013 through 

13 2017’’. 

14 SEC. 9. INDIAN LAW AND ORDER COMMISSION. 

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

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

17 and inserting ‘‘3 years’’. 

18 SEC. 10. REPORT ON ALASKA RURAL JUSTICE AND LAW EN19 FORCEMENT COMMISSION. 

20 The Attorney General, after consultation with the At21 torney General of the State of Alaska, the Commissioner 

22 of Public Safety of the State of Alaska, the Alaska Fed23 eration of Natives, and federally recognized Indian tribes 

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

25 than one year after enactment of this Act with respect 


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1 to whether the Alaska Rural Justice and Law Enforce2 ment Commission established under section 112(a)(1) of 

3 the Consolidated Appropriations Act, 2004 should be con4 tinued and whether appropriations should be authorized 

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

6 contain recommendations for legislation with respect to 

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

8 SEC. 11. GRANTS TO ENCOURAGE ARREST POLICIES AND 

9 ENFORCEMENT OF PROTECTION ORDERS. 

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

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

12 3796hh et seq.) is amended— 

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

14 (A) in subsection (b)— 

15 (i) in the matter preceding paragraph 

16 (1), by striking ‘‘States,’’ and all that fol17 lows through ‘‘units of local government’’ 

18 and inserting ‘‘grantees’’; 

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

20 ‘‘and enforcement of protection orders 

21 across State and tribal lines’’ before the 

22 period; 

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

24 ‘‘and training in police departments to im25 prove tracking of cases’’ and inserting 


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1 ‘‘data collection systems, and training in 

2 police departments to improve tracking of 

3 cases and classification of complaints’’; 

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

5 ‘‘and provide the appropriate training and 

6 education about domestic violence, dating 

7 violence, sexual assault, and stalking’’ after 

8 ‘‘computer tracking systems’’; 

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

10 ‘‘and other victim services’’ after ‘‘legal ad11 vocacy service programs’’; 

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

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

14 tribal, territorial, and local judges, courts, 

15 and court-based and court-related per16 sonnel’’; 

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

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

19 violence, sexual assault, and stalking’’; 

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

21 ‘‘non-profit, non-governmental victim serv22 ices organizations,’’ and inserting ‘‘victim 

23 service providers, staff from population 

24 specific organizations,’’; and 


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1 (ix) by adding at the end the fol2 lowing: 

3 ‘‘(14) To develop and implement training pro4 grams for prosecutors and other prosecution-related 

5 personnel regarding best practices to ensure offender 

6 accountability, victim safety, and victim consultation 

7 in cases involving domestic violence, dating violence, 

8 sexual assault, and stalking. 

9 ‘‘(15) To develop or strengthen policies, proto10 cols, and training for law enforcement, prosecutors, 

11 and the judiciary in recognizing, investigating, and 

12 prosecuting instances of domestic violence, dating vi13 olence, sexual assault, and stalking against immi14 grant victims, including the appropriate use of appli15 cations for nonimmigrant status under subpara16 graphs (T) and (U) of section 101(a)(15) of the Im17 migration and Nationality Act (8 U.S.C. 

18 1101(a)(15)). 

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

20 tribal legislation and policies that enhance best prac21 tices for responding to the crimes of domestic vio22 lence, dating violence, sexual assault, and stalking, 

23 including the appropriate treatment of victims. 

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

25 assault nurse examiner programs or sexual assault 


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1 forensic examiner programs, including the hiring 

2 and training of such examiners. 

3 ‘‘(18) To develop, implement, or enhance Sex4 ual Assault Response Teams or similar coordinated 

5 community responses to sexual assault. 

6 ‘‘(19) To develop and strengthen policies, proto7 cols, and training for law enforcement officers and 

8 prosecutors regarding the investigation and prosecu9 tion of sexual assault cases and the appropriate 

10 treatment of victims. 

11 ‘‘(20) To provide human immunodeficiency 

12 virus testing programs, counseling, and prophylaxis 

13 for victims of sexual assault. 

14 ‘‘(21) To identify and inventory backlogs of sex15 ual assault evidence collection kits and to develop 

16 protocols for responding to and addressing such 

17 backlogs, including policies and protocols for noti18 fying and involving victims. 

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

20 teams focusing on reducing domestic violence and 

21 dating violence homicides by— 

22 ‘‘(A) using evidence-based indicators to as23 sess the risk of homicide and link high-risk vic24 tims to immediate crisis intervention services; 


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

2 offenders; and 

3 ‘‘(C) providing ongoing victim advocacy 

4 and referrals to comprehensive services includ5 ing legal, housing, health care, and economic 

6 assistance.’’; 

7 (B) in subsection (c)— 

8 (i) in paragraph (1)— 

9 (I) in the matter preceding sub10 paragraph (A), by inserting ‘‘except 

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

12 (II) by redesignating subpara13 graphs (A) and (B) as clauses (i) and 

14 (ii), and adjusting the margin accord15 ingly; 

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

17 ‘‘except for a court,’’ before ‘‘dem18 onstrate’’; 

19 (iii) in paragraph (3)— 

20 (I) by striking ‘‘spouses’’ each 

21 place it appears and inserting ‘‘par22 ties’’; and 

23 (II) by striking ‘‘spouse’’ and in24 serting ‘‘party’’; 

25 (iv) in paragraph (4)— 


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1 (I) by inserting ‘‘, dating vio2 lence, sexual assault, or stalking’’ 

3 after ‘‘felony domestic violence’’; 

4 (II) by inserting ‘‘modification, 

5 enforcement, dismissal, withdrawal,’’ 

6 after ‘‘registration,’’ each place it ap7 pears; 

8 (III) by inserting ‘‘dating vio9 lence,’’ after ‘‘victim of domestic vio10 lence,’’; and 

11 (IV) by striking ‘‘and’’ at the 

12 end; 

13 (v) in paragraph (5)— 

14 (I) in the matter preceding sub15 paragraph (A), by striking ‘‘, not later 

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

17 (II) by inserting ‘‘, trial of, or 

18 sentencing for’’ after ‘‘investigation 

19 of’’ each place it appears; 

20 (III) by redesignating subpara21 graphs (A) and (B) as clauses (i) and 

22 (ii), and adjusting the margin accord23 ingly; 

24 (IV) in clause (ii), as redesig25 nated by subclause (III) of this 


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1 clause, by striking ‘‘subparagraph 

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

3 (V) by striking the period at the 

4 end and inserting ‘‘; and’’; 

5 (vi) by redesignating paragraphs (1) 

6 through (5), as amended by this subpara7 graph, as subparagraphs (A) through (E), 

8 respectively; 

9 (vii) in the matter preceding subpara10 graph (A), as redesignated by clause (v) of 

11 this subparagraph— 

12 (I) by striking the comma that 

13 immediately follows another comma; 

14 and 

15 (II) by striking ‘‘grantees are 

16 States’’ and inserting the following: 

17 ‘‘grantees are— 

18 ‘‘(1) States’’; and 

19 (viii) by adding at the end the fol20 lowing: 

21 ‘‘(2) a State, tribal, or territorial domestic vio22 lence or sexual assault coalition or a victim service 

23 provider that partners with a State, Indian tribal 

24 government, or unit of local government that cer25 tifies that the State, Indian tribal government, or 


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1 unit of local government meets the requirements 

2 under paragraph (1).’’; 

3 (C) in subsection (d)— 

4 (i) in paragraph (1)— 

5 (I) in the matter preceding sub6 paragraph (A), by inserting ‘‘, policy,’’ 

7 after ‘‘law’’; and 

8 (II) in subparagraph (A), by in9 serting ‘‘and the defendant is in cus10 tody or has been served with the in11 formation or indictment’’ before the 

12 semicolon; and 

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

14 and inserting ‘‘its’’; and 

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

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

17 amounts appropriated for purposes of this part for each 

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

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

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

21 amounts appropriated for purposes of this part for each 

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

23 projects that address sexual assault, including stranger 

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


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1 and rape within the context of an intimate partner rela2 tionship.’’; and 

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

4 1(a))— 

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

6 after ‘‘tribal government,’’; and 

7 (B) in paragraph (4), by striking ‘‘non8 profit, private sexual assault and domestic vio9 lence programs’’ and inserting ‘‘victim service 

10 providers and, as appropriate, population spe11 cific organizations’’. 

12 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

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

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

15 amended— 

16 (1) by striking ‘‘$75,000,000’’ and all that fol17 lows through ‘‘2011.’’ and inserting ‘‘$73,000,000 

18 for each of fiscal years 2013 through 2017.’’; and 

19 (2) by striking the period that immediately fol20 lows another period. 

21 SEC. 12. EFFECTIVE DATES; PILOT PROJECT. 

22 (a) GENERAL EFFECTIVE DATE.—Except as pro23 vided in subsections (b) and (c), the amendments made 

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

25 this Act. 


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1 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC VIO2 LENCE CRIMINAL JURISDICTION.— 

3 (1) IN GENERAL.—Except as provided in para4 graph (2), subsections (b) through (e) of section 204 

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

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

7 of enactment of this Act. 

8 (2) PILOT PROJECT.— 

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

10 2-year period beginning on the date of enact11 ment of this Act, an Indian tribe may ask the 

12 Attorney General to designate the tribe as a 

13 participating tribe under section 204(a) of Pub14 lic Law 90–284 on an accelerated basis. 

15 (B) PROCEDURE.—The Attorney General 

16 may grant a request under subparagraph (A) 

17 after coordinating with the Secretary of the In18 terior, consulting with affected Indian tribes, 

19 and concluding that the criminal justice system 

20 of the requesting tribe has adequate safeguards 

21 in place to protect defendants’ rights, consistent 

22 with section 204 of Public Law 90–284. 

23 (C) EFFECTIVE DATES FOR PILOT

24 PROJECTS.—An Indian tribe designated as a 

25 participating tribe under this paragraph may 


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1 commence exercising special domestic violence 

2 criminal jurisdiction pursuant to subsections (b) 

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

4 284 on a date established by the Attorney Gen5 eral, after consultation with that Indian tribe, 

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

7 years after the date of enactment of this Act. 

8 (c) EFFECTIVE DATE FOR GRANT PROGRAM AMEND9 MENTS.—The provisions of sections 2, 3, and 11 of this 

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

11 fiscal year beginning after the date of enactment of this 

12 Act. 

Æ 


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