§ 1303 TITLE 25—INDIANS Page 400

1So in original. Probably should be ‘‘or’’.

(3) subject any person for the same offense

to be twice put in jeopardy;

(4) compel any person in any criminal case

to be a witness against himself;

(5) take any private property for a public use

without just compensation;

(6) deny to any person in a criminal proceeding the right to a speedy and public trial, to be

informed of the nature and cause of the accusation, to be confronted with the witnesses

against him, to have compulsory process for

obtaining witnesses in his favor, and at his

own expense to have the assistance of counsel

for his defense;

(7) require excessive bail, impose excessive

fines, inflict cruel and unusual punishments,

and in no event impose for conviction of any

one offense any penalty or punishment greater

than imprisonment for a term of one year and 1

a fine of $5,000, or both;

(8) deny to any person within its jurisdiction

the equal protection of its laws or deprive any

person of liberty or property without due process of law;

(9) pass any bill of attainder or ex post facto

law; or

(10) deny to any person accused of an offense

punishable by imprisonment the right, upon

request, to a trial by jury of not less than six

persons.

(Pub. L. 90–284, title II, §202, Apr. 11, 1968, 82

Stat. 77; Pub. L. 99–570, title IV, §4217, Oct. 27,

1986, 100 Stat. 3207–146.)

AMENDMENTS

1986—Par. (7). Pub. L. 99–570, which directed that ‘‘for

a term of one year and a fine of $5,000, or both’’ be substituted for ‘‘for a term of six months and a fine of $500,

or both’’, was executed by making the substitution for

‘‘for a term of six months or a fine of $500, or both’’ as

the probable intent of Congress.

PURPOSE OF 1986 AMENDMENT

Section 4217 of Pub. L. 99–570 provided in part that

amendment of par. (7) of this section was to ‘‘enhance

the ability of tribal governments to prevent and penalize the traffic of illegal narcotics on Indian reservations’’.

§ 1303. Habeas corpus

The privilege of the writ of habeas corpus

shall be available to any person, in a court of

the United States, to test the legality of his detention by order of an Indian tribe.

(Pub. L. 90–284, title II, §203, Apr. 11, 1968, 82

Stat. 78.)

SUBCHAPTER II—MODEL CODE GOVERNING

COURTS OF INDIAN OFFENSES

§ 1311. Model code

The Secretary of the Interior is authorized and

directed to recommend to the Congress, on or

before July 1, 1968, a model code to govern the

administration of justice by courts of Indian offenses on Indian reservations. Such code shall

include provisions which will (1) assure that any

individual being tried for an offense by a court

of Indian offenses shall have the same rights,

privileges, and immunities under the United

States Constitution as would be guaranteed any

citizen of the United States being tried in a Federal court for any similar offense, (2) assure that

any individual being tried for an offense by a

court of Indian offenses will be advised and

made aware of his rights under the United

States Constitution, and under any tribal constitution applicable to such individual, (3) establish proper qualifications for the office of judge

of the court of Indian offenses, and (4) provide

for the establishing of educational classes for

the training of judges of courts of Indian offenses. In carrying out the provisions of this

subchapter, the Secretary of the Interior shall

consult with the Indians, Indian tribes, and interested agencies of the United States.

(Pub. L. 90–284, title III, §301, Apr. 11, 1968, 82

Stat. 78.)

§ 1312. Authorization of appropriations

There is hereby authorized to be appropriated

such sum as may be necessary to carry out the

provisions of this subchapter.

(Pub. L. 90–284, title III, §302, Apr. 11, 1968, 82

Stat. 78.)

SUBCHAPTER III—JURISDICTION OVER

CRIMINAL AND CIVIL ACTIONS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1755 of this

title.

§ 1321. Assumption by State of criminal jurisdiction

(a) Consent of United States; force and effect of

criminal laws

The consent of the United States is hereby

given to any State not having jurisdiction over

criminal offenses committed by or against Indians in the areas of Indian country situated within such State to assume, with the consent of the

Indian tribe occupying the particular Indian

country or part thereof which could be affected

by such assumption, such measure of jurisdiction over any or all of such offenses committed

within such Indian country or any part thereof

as may be determined by such State to the same

extent that such State has jurisdiction over any

such offense committed elsewhere within the

State, and the criminal laws of such State shall

have the same force and effect within such Indian country or part thereof as they have elsewhere within that State.

(b) Alienation, encumbrance, taxation, and use of

property; hunting, trapping, or fishing

Nothing in this section shall authorize the

alienation, encumbrance, or taxation of any real

or personal property, including water rights, belonging to any Indian or any Indian tribe, band,

or community that is held in trust by the

United States or is subject to a restriction

against alienation imposed by the United

States; or shall authorize regulation of the use

of such property in a manner inconsistent with

any Federal treaty, agreement, or statute or

with any regulation made pursuant thereto; or

shall deprive any Indian or any Indian tribe,