II 

112TH CONGRESS 

1ST SESSION S. 1763 

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 SENATE OF THE UNITED STATES 

OCTOBER 31, 2011 

Mr. AKAKA (for himself, Mr. FRANKEN, Mr. UDALL of New Mexico, Mr. 

INOUYE, Mr. BEGICH, Mrs. MURRAY, Mr. JOHNSON of South Dakota, 

Mr. BINGAMAN, Mr. TESTER, and Mr. BAUCUS) introduced the following 

bill; which was read twice and referred to the Committee on Indian Affairs 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Stand Against Violence and Empower Native Women 

4 Act’’ or the ‘‘SAVE Native Women Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—GRANT PROGRAMS 

Sec. 101. Grants to Indian tribal governments. 

Sec. 102. Tribal coalition grants. 

Sec. 103. Consultation. 

Sec. 104. Analysis and research on violence against women. 

Sec. 105. Definitions. 

TITLE II—TRIBAL JURISDICTION AND CRIMINAL OFFENSES 

Sec. 201. Tribal jurisdiction over crimes of domestic violence. 

Sec. 202. Tribal protection orders. 

Sec. 203. Amendments to the Federal assault statute. 

Sec. 204. Effective dates; pilot project. 

Sec. 205. Other amendments. 

TITLE III—INDIAN LAW AND ORDER COMMISSION 

Sec. 301. Indian Law and Order Commission. 

7 TITLE I—GRANT PROGRAMS 

8 SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 

9 Section 2015(a) of title I of the Omnibus Crime Con10 trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 

11 10(a)) is amended— 

12 (1) in paragraph (2), by inserting ‘‘sex traf13 ficking,’’ after ‘‘sexual assault,’’; 

14 (2) in paragraph (4), by inserting ‘‘sex traf15 ficking,’’ after ‘‘sexual assault,’’; 


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1 (3) in paragraph (5), by inserting ‘‘sexual as2 sault, sex trafficking,’’ after ‘‘dating violence,’’; 

3 (4) in paragraph (7)— 

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

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

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

7 (5) in paragraph (8)— 

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

9 ‘‘stalking,’’; and 

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

11 inserting a semicolon; and 

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

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

14 youth who are victims of domestic violence, dating 

15 violence, sexual assault, sex trafficking, or stalking 

16 and the needs of children exposed to domestic vio17 lence, dating violence, sexual assault, sex trafficking, 

18 or stalking, including support for the nonabusing 

19 parent or the caretaker of the child; and 

20 ‘‘(10) develop and promote legislation and poli21 cies that enhance best practices for responding to 

22 violent crimes against Indian women, including the 

23 crimes of domestic violence, dating violence, sexual 

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


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1 SEC. 102. TRIBAL COALITION GRANTS. 

2 Section 2001 of title I of the Omnibus Crime Control 

3 and Safe Streets Act of 1968 (42 U.S.C. 3796gg) is 

4 amended by striking subsection (d) and inserting the fol5 lowing: 

6 ‘‘(d) TRIBAL COALITION GRANTS.— 

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

8 award a grant to each established tribal coalition for 

9 purposes of— 

10 ‘‘(A) increasing awareness of domestic vio11 lence and sexual assault against Indian women; 

12 ‘‘(B) enhancing the response to violence 

13 against Indian women at the Federal, State, 

14 and tribal levels; 

15 ‘‘(C) identifying and providing technical 

16 assistance to coalition membership and tribal 

17 communities to enhance access to essential serv18 ices to Indian women victimized by domestic 

19 and sexual violence, including sex trafficking; 

20 and 

21 ‘‘(D) assisting Indian tribes in developing 

22 and promoting legislation and policies that en23 hance best practices for responding to violent 

24 crimes against Indian women, including the 

25 crimes of domestic violence, dating violence, 

26 sexual assault, sex trafficking, and stalking. 


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1 ‘‘(2) GRANTS.— 

2 ‘‘(A) IN GENERAL.—Subject to subpara3 graph (B), the Attorney General shall award 

4 grants on annual basis under paragraph (1) 

5 to— 

6 ‘‘(i) each tribal coalition that— 

7 ‘‘(I) meets the criteria of a tribal 

8 coalition under section 40002(a) of 

9 the Violence Against Women Act of 

10 1994 (42 U.S.C. 13925(a)); 

11 ‘‘(II) is recognized by the Office 

12 on Violence Against Women; and 

13 ‘‘(III) provides services to Indian 

14 tribes; and 

15 ‘‘(ii) organizations that propose to in16 corporate and operate a tribal coalition in 

17 areas where Indian tribes are located but 

18 no tribal coalition exists. 

19 ‘‘(B) RESTRICTION.—An organization de20 scribed in subparagraph (A)(ii) shall use a 

21 grant under this subsection to support the plan22 ning and development of a tribal coalition, sub23 ject to the condition that any amounts provided 

24 to the organization under this subsection that 

25 remain unobligated on September 30 of each 


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1 fiscal year for which amounts are made avail2 able under paragraph (3) shall be redistributed 

3 in the subsequent fiscal year by the Attorney 

4 General to tribal coalitions described in sub5 paragraph (A)(i). 

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

7 years 2013 through 2017, of the amounts appro8 priated to carry out this subsection— 

9 ‘‘(A) 10 percent shall be made available to 

10 organizations described in paragraph (2)(A)(ii); 

11 and 

12 ‘‘(B) 90 percent shall be made available to 

13 tribal coalitions described in paragraph 

14 (2)(A)(i), which amounts shall be distributed 

15 equally among each eligible tribal coalition for 

16 the applicable fiscal year. 

17 ‘‘(4) DURATION.—A grant under this sub18 section shall be awarded for a period of 1 year. 

19 ‘‘(5) ELIGIBILITY FOR OTHER GRANTS.—Re20 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 ‘‘(6) MULTIPLE PURPOSE APPLICATIONS.— 

25 Nothing in this subsection prohibits any tribal coaliVerDate Mar 15 2010 01:47 Nov 01, 2011 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1763.IS S1763

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1 tion or organization described in paragraph (2)(A) 

2 from applying for funding to address sexual assault 

3 or domestic violence needs in the same application.’’. 

4 SEC. 103. CONSULTATION. 

5 Section 903 of the Violence Against Women and De6 partment of Justice Reauthorization Act of 2005 (42 

7 U.S.C. 14045d) is amended— 

8 (1) in subsection (a)— 

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

10 Women Act of 2000’’ and inserting ‘‘, the Vio11 lence Against Women Act of 2000’’; and 

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

13 Violence and Empower Native Women Act’’ be14 fore the period at the end; 

15 (2) in subsection (b)— 

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

17 by striking ‘‘the Secretary of the Department of 

18 Health and Human Services and’’ and inserting 

19 ‘‘the Secretary of Health and Human Services, 

20 the Secretary of the Interior, and’’; and 

21 (B) in paragraph (2), by inserting ‘‘sex 

22 trafficking,’’ after ‘‘sexual assault,’’; and 

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

24 ‘‘(c) NOTICE.—Not later than 120 days before the 

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


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

2 location of the consultation.’’. 

3 SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 

4 WOMEN. 

5 Section 904(a) of the Violence Against Women and 

6 Department of Justice Reauthorization Act of 2005 (42 

7 U.S.C. 3796gg–10 note) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘The National’’ and insert10 ing ‘‘Not later than 2 years after the date of 

11 enactment of the Stand Against Violence and 

12 Empower Native Women Act, the National’’; 

13 and 

14 (B) by inserting ‘‘and in Native villages’’ 

15 before the period at the end; 

16 (2) in paragraph (2)(A)— 

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

18 end; 

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

20 the end and inserting ‘‘; and’’; and 

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

22 ‘‘(vi) sex trafficking.’’; 

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

24 inserting ‘‘the Stand Against Violence and Empower 

25 Native Women Act’’; and 


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

2 $1,000,000 for each of fiscal years 2007 and 2008’’ 

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

4 of fiscal years 2012 and 2013’’. 

5 SEC. 105. DEFINITIONS. 

6 Section 40002(a) of the Violence Against Women Act 

7 of 1994 (42 U.S.C. 13925(a)) is amended— 

8 (1) by redesignating paragraphs (18) through 

9 (22) and (23) through (37) as paragraphs (19) 

10 through (23) and (25) through (39), respectively; 

11 (2) by inserting after paragraph (17) the fol12 lowing: 

13 ‘‘(18) NATIVE VILLAGE.—The term ‘Native vil14 lage’ has the meaning given that term in section 3 

15 of the Alaska Native Claims Settlement Act (43 

16 U.S.C. 1602).’’; 

17 (3) in paragraph (22) (as redesignated by para18 graph (1))— 

19 (A) in subparagraph (A), by striking ‘‘or’’ 

20 at the end; 

21 (B) in subparagraph (B), by striking the 

22 period at the end and inserting ‘‘; or’’; and 

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


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1 ‘‘(C) an area or community under the ju2 risdiction of a federally recognized Indian 

3 tribe.’’; 

4 (4) by inserting after paragraph (23) (as redes5 ignated by paragraph (1)) the following: 

6 ‘‘(24) SEX TRAFFICKING.—The term ‘sex traf7 ficking’ means any conduct proscribed by section 

8 1591 of title 18, United States Code, regardless of 

9 whether the conduct occurs in interstate or foreign 

10 commerce or within the special maritime and terri11 torial jurisdiction of the United States.’’; and 

12 (5) by striking paragraph (31) (as redesignated 

13 by paragraph (1)) and inserting the following: 

14 ‘‘(31) TRIBAL COALITION.—The term ‘tribal co15 alition’ means an established nonprofit, nongovern16 mental Indian organization established to provide 

17 services on a statewide, regional, or customary terri18 tory basis that— 

19 ‘‘(A) provides education, support, and tech20 nical assistance to Indian service providers in a 

21 manner that enables the providers to establish 

22 and maintain culturally appropriate services, in23 cluding shelter and rape crisis services, de24 signed to assist Indian women and the depend25 ents of those women who are victims of domesVerDate Mar 15 2010 01:47 Nov 01, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1763.IS S1763

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1 tic violence, dating violence, sexual assault, and 

2 stalking; 

3 ‘‘(B) is comprised of board and general 

4 members that are representative of— 

5 ‘‘(i) the service providers described in 

6 subparagraph (A); and 

7 ‘‘(ii) the tribal communities in which 

8 the services are being provided; 

9 ‘‘(C) serves as an information clearing10 house and resource center for Indian programs 

11 addressing domestic violence and sexual assault; 

12 ‘‘(D) supports the development of legisla13 tion, policies, protocols, procedures, and guid14 ance to enhance domestic violence and sexual 

15 assault intervention and prevention efforts in 

16 Indian tribes and communities to be served; 

17 and 

18 ‘‘(E) has expertise in the development of 

19 Indian community-based, linguistically, and cul20 turally specific outreach and intervention serv21 ices for the Indian communities to be served.’’. 


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1 TITLE II—TRIBAL JURISDICTION 

2 AND CRIMINAL OFFENSES 

3 SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMES4 TIC VIOLENCE. 

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

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

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

8 ‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES9 TIC VIOLENCE. 

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

11 ‘‘(1) DATING VIOLENCE.—The term ‘dating vio12 lence’ means violence committed by a person who is 

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

14 intimate nature with the victim, as determined by 

15 the length of the relationship, the type of relation16 ship, and the frequency of interaction between the 

17 persons involved in the relationship. 

18 ‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes19 tic violence’ means violence committed by a current 

20 or former spouse of the victim, by a person with 

21 whom the victim shares a child in common, by a per22 son who is cohabitating with or has cohabitated with 

23 the victim as a spouse, or by a person similarly situ24 ated to a spouse of the victim under the domestic or 

25 family violence laws of the Indian tribe that has juVerDate Mar 15 2010 01:47 Nov 01, 2011 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1763.IS S1763

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1 risdiction over the Indian country where the violence 

2 occurs. 

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

4 country’ has the meaning given the term in section 

5 1151 of title 18, United States Code. 

6 ‘‘(4) PARTICIPATING TRIBE.—The term ‘partici7 pating tribe’ means an Indian tribe that elects to ex8 ercise special domestic violence criminal jurisdiction 

9 over the Indian country of that Indian tribe. 

10 ‘‘(5) PROTECTION ORDER.—The term ‘protec11 tion order’ means any injunction, restraining order, 

12 or other order issued by a civil or criminal court for 

13 the purpose of preventing violent or threatening acts 

14 or harassment against, sexual violence against, con15 tact or communication with, or physical proximity 

16 to, another person, including any temporary or final 

17 order issued by a civil or criminal court, whether ob18 tained by filing an independent action or as a 

19 pendente lite order in another proceeding, so long as 

20 the civil or criminal order was issued in response to 

21 a complaint, petition, or motion filed by or on behalf 

22 of a person seeking protection. 

23 ‘‘(6) SPECIAL DOMESTIC VIOLENCE CRIMINAL

24 JURISDICTION.—The term ‘special domestic violence 

25 criminal jurisdiction’ means the criminal jurisdiction 


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1 that a participating tribe may exercise under this 

2 section but could not otherwise exercise. 

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

4 term ‘spouse or intimate partner’ has the meaning 

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

6 States Code. 

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

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

9 provision of law, in addition to all powers of self-gov10 ernment recognized and affirmed by this Act, the 

11 powers of self-government of a participating tribe in12 clude the inherent power of that tribe, which is here13 by recognized and affirmed, to exercise special do14 mestic violence criminal jurisdiction over all persons. 

15 ‘‘(2) CONCURRENT JURISDICTION.—A partici16 pating tribe shall exercise special domestic violence 

17 criminal jurisdiction concurrently, not exclusively. 

18 ‘‘(3) APPLICABILITY.—Nothing in this sec19 tion— 

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

21 State criminal jurisdiction over Indian country; 

22 or 

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

24 States, or any State government that has been 

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1 vestigate and prosecute a criminal violation in 

2 Indian country. 

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

4 exercise special domestic violence criminal jurisdiction over 

5 a defendant for criminal conduct that falls into 1 or more 

6 of the following categories: 

7 ‘‘(1) DOMESTIC VIOLENCE AND DATING VIO8 LENCE.—An act of domestic violence or dating vio9 lence that occurs in the Indian country of the par10 ticipating tribe. 

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

12 An act that— 

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

14 participating tribe; and 

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

16 order that— 

17 ‘‘(i) prohibits or provides protection 

18 against violent or threatening acts or har19 assment against, sexual violence against, 

20 contact or communication with, or physical 

21 proximity to, another person; and 

22 ‘‘(ii)(I) was issued against the defend23 ant; 

24 ‘‘(II) is enforceable by the partici25 pating tribe; and 


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1 ‘‘(III) is consistent with section 

2 2265(b) of title 18, United States Code. 

3 ‘‘(d) DISMISSAL OF CERTAIN CASES.— 

4 ‘‘(1) DEFINITION OF VICTIM.—In this sub5 section and with respect to a criminal proceeding in 

6 which a participating tribe exercises special domestic 

7 violence criminal jurisdiction based on a criminal 

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

9 means a person specifically protected by a protection 

10 order that the defendant allegedly violated. 

11 ‘‘(2) NON-INDIAN VICTIMS AND DEFEND12 ANTS.—In a criminal proceeding in which a partici13 pating tribe exercises special domestic violence crimi14 nal jurisdiction, the case shall be dismissed if— 

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

16 to dismiss on the grounds that the alleged of17 fense did not involve an Indian; and 

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

19 that the defendant or an alleged victim is an 

20 Indian. 

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

22 proceeding in which a participating tribe exercises 

23 special domestic violence criminal jurisdiction, the 

24 case shall be dismissed if— 


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

2 to dismiss on the grounds that the defendant 

3 and the alleged victim lack sufficient ties to the 

4 Indian tribe; and 

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

6 that the defendant or an alleged victim— 

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

8 the participating tribe; 

9 ‘‘(ii) is employed in the Indian coun10 try of the participating tribe; or 

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

12 of a member of the participating tribe. 

13 ‘‘(4) WAIVER.—A knowing and voluntary fail14 ure of a defendant to file a pretrial motion described 

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

16 of the right to seek a dismissal under this sub17 section. 

18 ‘‘(e) RIGHTS OF DEFENDANTS.—In a criminal pro19 ceeding in which a participating tribe exercises special do20 mestic violence criminal jurisdiction, the participating 

21 tribe shall provide to the defendant— 

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

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

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


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1 ‘‘(3) all other rights whose protection is nec2 essary under the Constitution of the United States 

3 in order for Congress to recognize and affirm the in4 herent power of the participating tribe to exercise 

5 criminal jurisdiction over the defendant. 

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

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

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

9 United States under section 203 may petition that 

10 court to stay further detention of that person by the 

11 participating tribe. 

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

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

14 ‘‘(A) finds that there is a substantial likeli15 hood that the habeas corpus petition will be 

16 granted; and 

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

18 matter an opportunity to be heard, finds, by 

19 clear and convincing evidence that, under condi20 tions imposed by the court, the petitioner is not 

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

22 the community if released. 

23 ‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At24 torney General may award grants to the governments of 


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1 Indian tribes (or to authorized designees of those govern2 ments)— 

3 ‘‘(1) to strengthen tribal criminal justice sys4 tems to assist Indian tribes in exercising special do5 mestic violence criminal jurisdiction, including— 

6 ‘‘(A) law enforcement (including the capac7 ity to enter information into and obtain infor8 mation from national crime information data9 bases); 

10 ‘‘(B) prosecution; 

11 ‘‘(C) trial and appellate courts; 

12 ‘‘(D) probation systems; 

13 ‘‘(E) detention and correctional facilities; 

14 ‘‘(F) alternative rehabilitation centers; 

15 ‘‘(G) culturally appropriate services and 

16 assistance for victims and their families; and 

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

18 procedure, appellate procedure, and evidence; 

19 ‘‘(2) to provide indigent criminal defendants 

20 with the effective assistance of licensed defense 

21 counsel, at no cost to the defendant, in criminal pro22 ceedings in which a participating tribe prosecutes a 

23 crime of domestic violence or dating violence or a 

24 criminal violation of a protection order; 


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

2 which a participating tribe exercises special domestic 

3 violence criminal jurisdiction, jurors are summoned, 

4 selected, and instructed in a manner consistent with 

5 all applicable requirements; and 

6 ‘‘(4) to accord victims of domestic violence, dat7 ing violence, and violations of protection orders 

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

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

10 States Code, consistent with tribal law and custom. 

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

12 made available under this section shall supplement and 

13 not supplant any other Federal, State, tribal, or local gov14 ernment amounts made available to carry out activities de15 scribed in this section. 

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

17 are authorized to be appropriated to carry out subsection 

18 (g) and to provide training, technical assistance, data col19 lection, and evaluation of the criminal justice systems of 

20 participating tribes such sums as are necessary.’’. 

21 SEC. 202. TRIBAL PROTECTION ORDERS. 

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

23 amended by striking subsection (e) and inserting the fol24 lowing: 


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1 ‘‘(e) TRIBAL COURT JURISDICTION.—For purposes 

2 of this section, a court of an Indian tribe shall have full 

3 civil jurisdiction to issue and enforce protection orders in4 volving any person, including the authority to enforce any 

5 orders through civil contempt proceedings, the exclusion 

6 of violators from Indian land, and other appropriate mech7 anisms, in matters arising anywhere in the Indian country 

8 of the Indian tribe (as defined in section 1151) or other9 wise within the authority of the Indian tribe.’’. 

10 SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STAT11 UTE. 

12 (a) ASSAULTS BY STRIKING, BEATING, OR WOUND13 ING.—Section 113(a)(4) of title 18, United States Code, 

14 is amended by striking ‘‘six months’’ and inserting ‘‘1 

15 year’’. 

16 (b) ASSAULTS RESULTING IN SUBSTANTIAL BODILY

17 INJURY.—Section 113(a)(7) of title 18, United States 

18 Code, is amended by striking ‘‘substantial bodily injury 

19 to an individual who has not attained the age of 16 years’’ 

20 and inserting ‘‘substantial bodily injury to a spouse or in21 timate partner, a dating partner, or an individual who has 

22 not attained the age of 16 years’’. 

23 (c) ASSAULTS BY STRANGLING OR SUFFOCATING.— 

24 Section 113(a) of title 18, United States Code, is amended 

25 by adding at the end the following: 


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

2 dating partner by strangling, suffocating, or at3 tempting to strangle or suffocate, by a fine under 

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

5 or both.’’. 

6 (d) DEFINITIONS.—Section 113(b) of title 18, United 

7 States Code, is amended— 

8 (1) by striking ‘‘(b) As used in this sub9 section—’’ and inserting the following: 

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

11 (2) in paragraph (1)(B), by striking ‘‘and’’ at 

12 the end; 

13 (3) in paragraph (2), by striking the period at 

14 the end and inserting a semicolon; and 

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

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

17 intimate partner’ have the meanings given those 

18 terms in section 2266; 

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

20 knowingly, or recklessly impeding the normal breath21 ing or circulation of the blood of a person by apply22 ing pressure to the throat or neck, regardless of 

23 whether that conduct results in any visible injury or 

24 whether there is any intent to kill or protractedly in25 jure the victim; and 


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

2 knowingly, or recklessly impeding the normal breath3 ing of a person by covering the mouth of the person, 

4 the nose of the person, or both, regardless of wheth5 er that conduct results in any visible injury or 

6 whether there is any intent to kill or protractedly in7 jure the victim.’’. 

8 (e) INDIAN MAJOR CRIMES.—Section 1153(a) of title 

9 18, United States Code, is amended by striking ‘‘assault 

10 with intent to commit murder, assault with a dangerous 

11 weapon, assault resulting in serious bodily injury (as de12 fined in section 1365 of this title)’’ and inserting ‘‘a felony 

13 assault under section 113’’. 

14 SEC. 204. EFFECTIVE DATES; PILOT PROJECT. 

15 (a) GENERAL EFFECTIVE DATE.—Except as pro16 vided in subsection (b), the amendments made by this title 

17 shall take effect on the date of enactment of this Act. 

18 (b) EFFECTIVE DATE FOR SPECIAL DOMESTIC-VIO19 LENCE CRIMINAL JURISDICTION.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), subsections (b) through (e) of section 204 

22 of Public Law 90–284 (as added by section 201) 

23 shall take effect on the date that is 2 years after the 

24 date of enactment of this Act. 

25 (2) PILOT PROJECT.— 


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

2 2-year period beginning on the date of enact3 ment of this Act, an Indian tribe may ask the 

4 Attorney General to designate the tribe as a 

5 participating tribe under section 204(a) of Pub6 lic Law 90–284 on an accelerated basis. 

7 (B) PROCEDURE.—The Attorney General 

8 (or a designee of the Attorney General) may 

9 grant a request under subparagraph (A) after 

10 coordinating with the Secretary of the Interior 

11 (or a designee of the Secretary), consulting with 

12 affected Indian tribes, and concluding that the 

13 criminal justice system of the requesting tribe 

14 has adequate safeguards in place to protect de15 fendants’ rights, consistent with section 204 of 

16 Public Law 90–284. 

17 (C) EFFECTIVE DATES FOR PILOT

18 PROJECTS.—An Indian tribe designated as a 

19 participating tribe under this paragraph may 

20 commence exercising special domestic violence 

21 criminal jurisdiction pursuant to subsections (b) 

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

23 284 on a date established by the Attorney Gen24 eral, after consultation with that Indian tribe, 


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25 

•S 1763 IS

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

2 years after the date of enactment of this Act. 

3 SEC. 205. OTHER AMENDMENTS. 

4 (a) ASSAULTS.—Section 113(a) of title 18, United 

5 States Code, is amended— 

6 (1) by striking paragraph (1) and inserting the 

7 following: 

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

9 a felony under chapter 109A, by a fine under this 

10 title, imprisonment for not more than 20 years, or 

11 both.’’; 

12 (2) in paragraph (3) by striking ‘‘and without 

13 just cause or excuse,’’; and 

14 (3) in paragraph (7), by striking ‘‘fine’’ and in15 serting ‘‘a fine’’. 

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

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

18 ‘‘or tribal’’ after ‘‘State’’. 

19 TITLE III—INDIAN LAW AND 

20 ORDER COMMISSION 

21 SEC. 301. INDIAN LAW AND ORDER COMMISSION. 

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

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

24 and inserting ‘‘3 years’’. 

Æ 


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