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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1763 Reported in Senate (RS)]

                                                       Calendar No. 579
112th CONGRESS
  2d Session
                                S. 1763

                          [Report No. 112-265]

 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, Mr. Baucus, Mr. Conrad, Mr. Reid, Ms. Murkowski, 
 Mr. Crapo, and Mr. Sanders) introduced the following bill; which was 
       read twice and referred to the Committee on Indian Affairs

                           December 27, 2012

                Reported by Mr. Akaka, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Stand 
Against Violence and Empower Native Women Act'' or the ``SAVE Native 
Women Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
                    <DELETED>TITLE I--GRANT PROGRAMS

<DELETED>Sec. 101. Grants to Indian tribal governments.
<DELETED>Sec. 102. Tribal coalition grants.
<DELETED>Sec. 103. Consultation.
<DELETED>Sec. 104. Analysis and research on violence against women.
<DELETED>Sec. 105. Definitions.
      <DELETED>TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES

<DELETED>Sec. 201. Tribal jurisdiction over crimes of domestic 
                            violence.
<DELETED>Sec. 202. Tribal protection orders.
<DELETED>Sec. 203. Amendments to the Federal assault statute.
<DELETED>Sec. 204. Effective dates; pilot project.
<DELETED>Sec. 205. Other amendments.
          <DELETED>TITLE III--INDIAN LAW AND ORDER COMMISSION

<DELETED>Sec. 301. Indian Law and Order Commission.

               <DELETED>TITLE I--GRANT PROGRAMS</DELETED>

<DELETED>SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS.</DELETED>

<DELETED>    Section 2015(a) of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796gg-10(a)) is amended--
</DELETED>
        <DELETED>    (1) in paragraph (2), by inserting ``sex 
        trafficking,'' after ``sexual assault,'';</DELETED>
        <DELETED>    (2) in paragraph (4), by inserting ``sex 
        trafficking,'' after ``sexual assault,'';</DELETED>
        <DELETED>    (3) in paragraph (5), by inserting ``sexual 
        assault, sex trafficking,'' after ``dating 
        violence,'';</DELETED>
        <DELETED>    (4) in paragraph (7)--</DELETED>
                <DELETED>    (A) by inserting ``sex trafficking,'' 
                after ``sexual assault,'' each place it appears; 
                and</DELETED>
                <DELETED>    (B) by striking ``and'' at the 
                end;</DELETED>
        <DELETED>    (5) in paragraph (8)--</DELETED>
                <DELETED>    (A) by inserting ``sex trafficking,'' 
                after ``stalking,''; and</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting a semicolon; and</DELETED>
        <DELETED>    (6) by adding at the end the following:</DELETED>
        <DELETED>    ``(9) provide services to address the needs of 
        youth who are victims of domestic violence, dating violence, 
        sexual assault, sex trafficking, or stalking and the needs of 
        children exposed to domestic violence, dating violence, sexual 
        assault, sex trafficking, or stalking, including support for 
        the nonabusing parent or the caretaker of the child; 
        and</DELETED>
        <DELETED>    ``(10) develop and promote legislation and 
        policies that enhance best practices for responding to violent 
        crimes against Indian women, including the crimes of domestic 
        violence, dating violence, sexual assault, sex trafficking, and 
        stalking.''.</DELETED>

<DELETED>SEC. 102. TRIBAL COALITION GRANTS.</DELETED>

<DELETED>    Section 2001 of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796gg) is amended by striking 
subsection (d) and inserting the following:</DELETED>
<DELETED>    ``(d) Tribal Coalition Grants.--</DELETED>
        <DELETED>    ``(1) Purpose.--The Attorney General shall award a 
        grant to each established tribal coalition for purposes of--
        </DELETED>
                <DELETED>    ``(A) increasing awareness of domestic 
                violence and sexual assault against Indian 
                women;</DELETED>
                <DELETED>    ``(B) enhancing the response to violence 
                against Indian women at the Federal, State, and tribal 
                levels;</DELETED>
                <DELETED>    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                Indian women victimized by domestic and sexual 
                violence, including sex trafficking; and</DELETED>
                <DELETED>    ``(D) assisting Indian tribes in 
                developing and promoting legislation and policies that 
                enhance best practices for responding to violent crimes 
                against Indian women, including the crimes of domestic 
                violence, dating violence, sexual assault, sex 
                trafficking, and stalking.</DELETED>
        <DELETED>    ``(2) Grants.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), the Attorney General shall award grants on annual 
                basis under paragraph (1) to--</DELETED>
                        <DELETED>    ``(i) each tribal coalition that--
                        </DELETED>
                                <DELETED>    ``(I) meets the criteria 
                                of a tribal coalition under section 
                                40002(a) of the Violence Against Women 
                                Act of 1994 (42 U.S.C. 
                                13925(a));</DELETED>
                                <DELETED>    ``(II) is recognized by 
                                the Office on Violence Against Women; 
                                and</DELETED>
                                <DELETED>    ``(III) provides services 
                                to Indian tribes; and</DELETED>
                        <DELETED>    ``(ii) organizations that propose 
                        to incorporate and operate a tribal coalition 
                        in areas where Indian tribes are located but no 
                        tribal coalition exists.</DELETED>
                <DELETED>    ``(B) Restriction.--An organization 
                described in subparagraph (A)(ii) shall use a grant 
                under this subsection to support the planning and 
                development of a tribal coalition, subject to the 
                condition that any amounts provided to the organization 
                under this subsection that remain unobligated on 
                September 30 of each fiscal year for which amounts are 
                made available under paragraph (3) shall be 
                redistributed in the subsequent fiscal year by the 
                Attorney General to tribal coalitions described in 
                subparagraph (A)(i).</DELETED>
        <DELETED>    ``(3) Use of amounts.--For each of fiscal years 
        2013 through 2017, of the amounts appropriated to carry out 
        this subsection--</DELETED>
                <DELETED>    ``(A) 10 percent shall be made available 
                to organizations described in paragraph (2)(A)(ii); 
                and</DELETED>
                <DELETED>    ``(B) 90 percent shall be made available 
                to tribal coalitions described in paragraph (2)(A)(i), 
                which amounts shall be distributed equally among each 
                eligible tribal coalition for the applicable fiscal 
                year.</DELETED>
        <DELETED>    ``(4) Duration.--A grant under this subsection 
        shall be awarded for a period of 1 year.</DELETED>
        <DELETED>    ``(5) Eligibility for other grants.--Receipt of an 
        award under this subsection by a tribal coalition shall not 
        preclude the tribal coalition from receiving additional grants 
        under this title to carry out the purposes described in 
        paragraph (1).</DELETED>
        <DELETED>    ``(6) Multiple purpose applications.--Nothing in 
        this subsection prohibits any tribal coalition or organization 
        described in paragraph (2)(A) from applying for funding to 
        address sexual assault or domestic violence needs in the same 
        application.''.</DELETED>

<DELETED>SEC. 103. CONSULTATION.</DELETED>

<DELETED>    Section 903 of the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``and the Violence Against 
                Women Act of 2000'' and inserting ``, the Violence 
                Against Women Act of 2000''; and</DELETED>
                <DELETED>    (B) by inserting ``, and the Stand Against 
                Violence and Empower Native Women Act'' before the 
                period at the end;</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) in the matter preceding paragraph (1), 
                by striking ``the Secretary of the Department of Health 
                and Human Services and'' and inserting ``the Secretary 
                of Health and Human Services, the Secretary of the 
                Interior, and''; and</DELETED>
                <DELETED>    (B) in paragraph (2), by inserting ``sex 
                trafficking,'' after ``sexual assault,''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Notice.--Not later than 120 days before the date of 
a consultation under subsection (a), the Attorney General shall notify 
tribal leaders of the date, time, and location of the 
consultation.''.</DELETED>

<DELETED>SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST 
              WOMEN.</DELETED>

<DELETED>    Section 904(a) of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 
note) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1)--</DELETED>
                <DELETED>    (A) by striking ``The National'' and 
                inserting ``Not later than 2 years after the date of 
                enactment of the Stand Against Violence and Empower 
                Native Women Act, the National''; and</DELETED>
                <DELETED>    (B) by inserting ``and in Native 
                villages'' before the period at the end;</DELETED>
        <DELETED>    (2) in paragraph (2)(A)--</DELETED>
                <DELETED>    (A) in clause (iv), by striking ``and'' at 
                the end;</DELETED>
                <DELETED>    (B) in clause (v), by striking the period 
                at the end and inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(vi) sex 
                        trafficking.'';</DELETED>
        <DELETED>    (3) in paragraph (4), by striking ``this Act'' and 
        inserting ``the Stand Against Violence and Empower Native Women 
        Act''; and</DELETED>
        <DELETED>    (4) in paragraph (5), by striking ``this section 
        $1,000,000 for each of fiscal years 2007 and 2008'' and 
        inserting ``this subsection $1,000,000 for each of fiscal years 
        2012 and 2013''.</DELETED>

<DELETED>SEC. 105. DEFINITIONS.</DELETED>

<DELETED>    Section 40002(a) of the Violence Against Women Act of 1994 
(42 U.S.C. 13925(a)) is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (18) through (22) 
        and (23) through (37) as paragraphs (19) through (23) and (25) 
        through (39), respectively;</DELETED>
        <DELETED>    (2) by inserting after paragraph (17) the 
        following:</DELETED>
        <DELETED>    ``(18) Native village.--The term `Native village' 
        has the meaning given that term in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).'';</DELETED>
        <DELETED>    (3) in paragraph (22) (as redesignated by 
        paragraph (1))--</DELETED>
                <DELETED>    (A) in subparagraph (A), by striking 
                ``or'' at the end;</DELETED>
                <DELETED>    (B) in subparagraph (B), by striking the 
                period at the end and inserting ``; or''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
                <DELETED>    ``(C) an area or community under the 
                jurisdiction of a federally recognized Indian 
                tribe.'';</DELETED>
        <DELETED>    (4) by inserting after paragraph (23) (as 
        redesignated by paragraph (1)) the following:</DELETED>
        <DELETED>    ``(24) Sex trafficking.--The term `sex 
        trafficking' means any conduct proscribed by section 1591 of 
        title 18, United States Code, regardless of whether the conduct 
        occurs in interstate or foreign commerce or within the special 
        maritime and territorial jurisdiction of the United States.''; 
        and</DELETED>
        <DELETED>    (5) by striking paragraph (31) (as redesignated by 
        paragraph (1)) and inserting the following:</DELETED>
        <DELETED>    ``(31) Tribal coalition.--The term `tribal 
        coalition' means an established nonprofit, nongovernmental 
        Indian organization established to provide services on a 
        statewide, regional, or customary territory basis that--
        </DELETED>
                <DELETED>    ``(A) provides education, support, and 
                technical assistance to Indian service providers in a 
                manner that enables the providers to establish and 
                maintain culturally appropriate services, including 
                shelter and rape crisis services, designed to assist 
                Indian women and the dependents of those women who are 
                victims of domestic violence, dating violence, sexual 
                assault, and stalking;</DELETED>
                <DELETED>    ``(B) is comprised of board and general 
                members that are representative of--</DELETED>
                        <DELETED>    ``(i) the service providers 
                        described in subparagraph (A); and</DELETED>
                        <DELETED>    ``(ii) the tribal communities in 
                        which the services are being 
                        provided;</DELETED>
                <DELETED>    ``(C) serves as an information 
                clearinghouse and resource center for Indian programs 
                addressing domestic violence and sexual 
                assault;</DELETED>
                <DELETED>    ``(D) supports the development of 
                legislation, policies, protocols, procedures, and 
                guidance to enhance domestic violence and sexual 
                assault intervention and prevention efforts in Indian 
                tribes and communities to be served; and</DELETED>
                <DELETED>    ``(E) has expertise in the development of 
                Indian community-based, linguistically, and culturally 
                specific outreach and intervention services for the 
                Indian communities to be served.''.</DELETED>

 <DELETED>TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES</DELETED>

<DELETED>SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 
              VIOLENCE.</DELETED>

<DELETED>    Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) 
(commonly known as the ``Indian Civil Rights Act of 1968'') is amended 
by adding at the end the following:</DELETED>

<DELETED>``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 
              VIOLENCE.</DELETED>

<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Dating violence.--The term `dating violence' 
        means violence committed by a person who is or has been in a 
        social relationship of a romantic or intimate nature with the 
        victim, as determined by the length of the relationship, the 
        type of relationship, and the frequency of interaction between 
        the persons involved in the relationship.</DELETED>
        <DELETED>    ``(2) Domestic violence.--The term `domestic 
        violence' means violence committed by a current or former 
        spouse of the victim, by a person with whom the victim shares a 
        child in common, by a person who is cohabitating with or has 
        cohabitated with the victim as a spouse, or by a person 
        similarly situated to a spouse of the victim under the domestic 
        or family violence laws of the Indian tribe that has 
        jurisdiction over the Indian country where the violence 
        occurs.</DELETED>
        <DELETED>    ``(3) Indian country.--The term `Indian country' 
        has the meaning given the term in section 1151 of title 18, 
        United States Code.</DELETED>
        <DELETED>    ``(4) Participating tribe.--The term 
        `participating tribe' means an Indian tribe that elects to 
        exercise special domestic violence criminal jurisdiction over 
        the Indian country of that Indian tribe.</DELETED>
        <DELETED>    ``(5) Protection order.--The term `protection 
        order' means any injunction, restraining order, or other order 
        issued by a civil or criminal court for the purpose of 
        preventing violent or threatening acts or harassment against, 
        sexual violence against, contact or communication with, or 
        physical proximity to, another person, including any temporary 
        or final order issued by a civil or criminal court, whether 
        obtained by filing an independent action or as a pendente lite 
        order in another proceeding, so long as the civil or criminal 
        order was issued in response to a complaint, petition, or 
        motion filed by or on behalf of a person seeking 
        protection.</DELETED>
        <DELETED>    ``(6) Special domestic violence criminal 
        jurisdiction.--The term `special domestic violence criminal 
        jurisdiction' means the criminal jurisdiction that a 
        participating tribe may exercise under this section but could 
        not otherwise exercise.</DELETED>
        <DELETED>    ``(7) Spouse or intimate partner.--The term 
        `spouse or intimate partner' has the meaning given the term in 
        section 2266 of title 18, United States Code.</DELETED>
<DELETED>    ``(b) Nature of the Criminal Jurisdiction.--</DELETED>
        <DELETED>    ``(1) In general.--Notwithstanding any other 
        provision of law, in addition to all powers of self-government 
        recognized and affirmed by this Act, the powers of self-
        government of a participating tribe include the inherent power 
        of that tribe, which is hereby recognized and affirmed, to 
        exercise special domestic violence criminal jurisdiction over 
        all persons.</DELETED>
        <DELETED>    ``(2) Concurrent jurisdiction.--A participating 
        tribe shall exercise special domestic violence criminal 
        jurisdiction concurrently, not exclusively.</DELETED>
        <DELETED>    ``(3) Applicability.--Nothing in this section--
        </DELETED>
                <DELETED>    ``(A) creates or eliminates any Federal or 
                State criminal jurisdiction over Indian country; 
                or</DELETED>
                <DELETED>    ``(B) affects the authority of the United 
                States, or any State government that has been delegated 
                authority by the United States, to investigate and 
                prosecute a criminal violation in Indian 
                country.</DELETED>
<DELETED>    ``(c) Criminal Conduct.--A participating tribe may 
exercise special domestic violence criminal jurisdiction over a 
defendant for criminal conduct that falls into 1 or more of the 
following categories:</DELETED>
        <DELETED>    ``(1) Domestic violence and dating violence.--An 
        act of domestic violence or dating violence that occurs in the 
        Indian country of the participating tribe.</DELETED>
        <DELETED>    ``(2) Violations of protection orders.--An act 
        that--</DELETED>
                <DELETED>    ``(A) occurs in the Indian country of the 
                participating tribe; and</DELETED>
                <DELETED>    ``(B) violates the portion of a protection 
                order that--</DELETED>
                        <DELETED>    ``(i) prohibits or provides 
                        protection against violent or threatening acts 
                        or harassment against, sexual violence against, 
                        contact or communication with, or physical 
                        proximity to, another person; and</DELETED>
                        <DELETED>    ``(ii)(I) was issued against the 
                        defendant;</DELETED>
                        <DELETED>    ``(II) is enforceable by the 
                        participating tribe; and</DELETED>
                        <DELETED>    ``(III) is consistent with section 
                        2265(b) of title 18, United States 
                        Code.</DELETED>
<DELETED>    ``(d) Dismissal of Certain Cases.--</DELETED>
        <DELETED>    ``(1) Definition of victim.--In this subsection 
        and with respect to a criminal proceeding in which a 
        participating tribe exercises special domestic violence 
        criminal jurisdiction based on a criminal violation of a 
        protection order, the term `victim' means a person specifically 
        protected by a protection order that the defendant allegedly 
        violated.</DELETED>
        <DELETED>    ``(2) Non-indian victims and defendants.--In a 
        criminal proceeding in which a participating tribe exercises 
        special domestic violence criminal jurisdiction, the case shall 
        be dismissed if--</DELETED>
                <DELETED>    ``(A) the defendant files a pretrial 
                motion to dismiss on the grounds that the alleged 
                offense did not involve an Indian; and</DELETED>
                <DELETED>    ``(B) the participating tribe fails to 
                prove that the defendant or an alleged victim is an 
                Indian.</DELETED>
        <DELETED>    ``(3) Ties to indian tribe.--In a criminal 
        proceeding in which a participating tribe exercises special 
        domestic violence criminal jurisdiction, the case shall be 
        dismissed if--</DELETED>
                <DELETED>    ``(A) the defendant files a pretrial 
                motion to dismiss on the grounds that the defendant and 
                the alleged victim lack sufficient ties to the Indian 
                tribe; and</DELETED>
                <DELETED>    ``(B) the prosecuting tribe fails to prove 
                that the defendant or an alleged victim--</DELETED>
                        <DELETED>    ``(i) resides in the Indian 
                        country of the participating tribe;</DELETED>
                        <DELETED>    ``(ii) is employed in the Indian 
                        country of the participating tribe; 
                        or</DELETED>
                        <DELETED>    ``(iii) is a spouse or intimate 
                        partner of a member of the participating 
                        tribe.</DELETED>
        <DELETED>    ``(4) Waiver.--A knowing and voluntary failure of 
        a defendant to file a pretrial motion described in paragraph 
        (2) or (3) shall be considered a waiver of the right to seek a 
        dismissal under this subsection.</DELETED>
<DELETED>    ``(e) Rights of Defendants.--In a criminal proceeding in 
which a participating tribe exercises special domestic violence 
criminal jurisdiction, the participating tribe shall provide to the 
defendant--</DELETED>
        <DELETED>    ``(1) all applicable rights under this 
        Act;</DELETED>
        <DELETED>    ``(2) if a term of imprisonment of any length is 
        imposed, all rights described in section 202(c); and</DELETED>
        <DELETED>    ``(3) all other rights whose protection is 
        necessary under the Constitution of the United States in order 
        for Congress to recognize and affirm the inherent power of the 
        participating tribe to exercise criminal jurisdiction over the 
        defendant.</DELETED>
<DELETED>    ``(f) Petitions To Stay Detention.--</DELETED>
        <DELETED>    ``(1) In general.--A person who has filed a 
        petition for a writ of habeas corpus in a court of the United 
        States under section 203 may petition that court to stay 
        further detention of that person by the participating 
        tribe.</DELETED>
        <DELETED>    ``(2) Grant of stay.--A court shall grant a stay 
        described in paragraph (1) if the court--</DELETED>
                <DELETED>    ``(A) finds that there is a substantial 
                likelihood that the habeas corpus petition will be 
                granted; and</DELETED>
                <DELETED>    ``(B) after giving each alleged victim in 
                the matter an opportunity to be heard, finds, by clear 
                and convincing evidence that, under conditions imposed 
                by the court, the petitioner is not likely to flee or 
                pose a danger to any person or the community if 
                released.</DELETED>
<DELETED>    ``(g) Grants to Tribal Governments.--The Attorney General 
may award grants to the governments of Indian tribes (or to authorized 
designees of those governments)--</DELETED>
        <DELETED>    ``(1) to strengthen tribal criminal justice 
        systems to assist Indian tribes in exercising special domestic 
        violence criminal jurisdiction, including--</DELETED>
                <DELETED>    ``(A) law enforcement (including the 
                capacity to enter information into and obtain 
                information from national crime information 
                databases);</DELETED>
                <DELETED>    ``(B) prosecution;</DELETED>
                <DELETED>    ``(C) trial and appellate 
                courts;</DELETED>
                <DELETED>    ``(D) probation systems;</DELETED>
                <DELETED>    ``(E) detention and correctional 
                facilities;</DELETED>
                <DELETED>    ``(F) alternative rehabilitation 
                centers;</DELETED>
                <DELETED>    ``(G) culturally appropriate services and 
                assistance for victims and their families; 
                and</DELETED>
                <DELETED>    ``(H) criminal codes and rules of criminal 
                procedure, appellate procedure, and evidence;</DELETED>
        <DELETED>    ``(2) to provide indigent criminal defendants with 
        the effective assistance of licensed defense counsel, at no 
        cost to the defendant, in criminal proceedings in which a 
        participating tribe prosecutes a crime of domestic violence or 
        dating violence or a criminal violation of a protection 
        order;</DELETED>
        <DELETED>    ``(3) to ensure that, in criminal proceedings in 
        which a participating tribe exercises special domestic violence 
        criminal jurisdiction, jurors are summoned, selected, and 
        instructed in a manner consistent with all applicable 
        requirements; and</DELETED>
        <DELETED>    ``(4) to accord victims of domestic violence, 
        dating violence, and violations of protection orders rights 
        that are similar to the rights of a crime victim described in 
        section 3771(a) of title 18, United States Code, consistent 
        with tribal law and custom.</DELETED>
<DELETED>    ``(h) Supplement, Not Supplant.--Amounts made available 
under this section shall supplement and not supplant any other Federal, 
State, tribal, or local government amounts made available to carry out 
activities described in this section.</DELETED>
<DELETED>    ``(i) Authorization of Appropriations.--There are 
authorized to be appropriated to carry out subsection (g) and to 
provide training, technical assistance, data collection, and evaluation 
of the criminal justice systems of participating tribes such sums as 
are necessary.''.</DELETED>

<DELETED>SEC. 202. TRIBAL PROTECTION ORDERS.</DELETED>

<DELETED>    Section 2265 of title 18, United States Code, is amended 
by striking subsection (e) and inserting the following:</DELETED>
<DELETED>    ``(e) Tribal Court Jurisdiction.--For purposes of this 
section, a court of an Indian tribe shall have full civil jurisdiction 
to issue and enforce protection orders involving any person, including 
the authority to enforce any orders through civil contempt proceedings, 
the exclusion of violators from Indian land, and other appropriate 
mechanisms, in matters arising anywhere in the Indian country of the 
Indian tribe (as defined in section 1151) or otherwise within the 
authority of the Indian tribe.''.</DELETED>

<DELETED>SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.</DELETED>

<DELETED>    (a) Assaults by Striking, Beating, or Wounding.--Section 
113(a)(4) of title 18, United States Code, is amended by striking ``six 
months'' and inserting ``1 year''.</DELETED>
<DELETED>    (b) Assaults Resulting in Substantial Bodily Injury.--
Section 113(a)(7) of title 18, United States Code, is amended by 
striking ``substantial bodily injury to an individual who has not 
attained the age of 16 years'' and inserting ``substantial bodily 
injury to a spouse or intimate partner, a dating partner, or an 
individual who has not attained the age of 16 years''.</DELETED>
<DELETED>    (c) Assaults by Strangling or Suffocating.--Section 113(a) 
of title 18, United States Code, is amended by adding at the end the 
following:</DELETED>
        <DELETED>    ``(8) Assault of a spouse, intimate partner, or 
        dating partner by strangling, suffocating, or attempting to 
        strangle or suffocate, by a fine under this title, imprisonment 
        for not more than 10 years, or both.''.</DELETED>
<DELETED>    (d) Definitions.--Section 113(b) of title 18, United 
States Code, is amended--</DELETED>
        <DELETED>    (1) by striking ``(b) As used in this subsection--
        '' and inserting the following:</DELETED>
<DELETED>    ``(b) Definitions.--In this section--'';</DELETED>
        <DELETED>    (2) in paragraph (1)(B), by striking ``and'' at 
        the end;</DELETED>
        <DELETED>    (3) in paragraph (2), by striking the period at 
        the end and inserting a semicolon; and</DELETED>
        <DELETED>    (4) by adding at the end the following:</DELETED>
        <DELETED>    ``(3) the terms `dating partner' and `spouse or 
        intimate partner' have the meanings given those terms in 
        section 2266;</DELETED>
        <DELETED>    ``(4) the term `strangling' means intentionally, 
        knowingly, or recklessly impeding the normal breathing or 
        circulation of the blood of a person by applying pressure to 
        the throat or neck, regardless of whether that conduct results 
        in any visible injury or whether there is any intent to kill or 
        protractedly injure the victim; and</DELETED>
        <DELETED>    ``(5) the term `suffocating' means intentionally, 
        knowingly, or recklessly impeding the normal breathing of a 
        person by covering the mouth of the person, the nose of the 
        person, or both, regardless of whether that conduct results in 
        any visible injury or whether there is any intent to kill or 
        protractedly injure the victim.''.</DELETED>
<DELETED>    (e) Indian Major Crimes.--Section 1153(a) of title 18, 
United States Code, is amended by striking ``assault with intent to 
commit murder, assault with a dangerous weapon, assault resulting in 
serious bodily injury (as defined in section 1365 of this title)'' and 
inserting ``a felony assault under section 113''.</DELETED>

<DELETED>SEC. 204. EFFECTIVE DATES; PILOT PROJECT.</DELETED>

<DELETED>    (a) General Effective Date.--Except as provided in 
subsection (b), the amendments made by this title shall take effect on 
the date of enactment of this Act.</DELETED>
<DELETED>    (b) Effective Date for Special Domestic-Violence Criminal 
Jurisdiction.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), subsections (b) through (e) of section 204 of Public Law 
        90-284 (as added by section 201) shall take effect on the date 
        that is 2 years after the date of enactment of this 
        Act.</DELETED>
        <DELETED>    (2) Pilot project.--</DELETED>
                <DELETED>    (A) In general.--At any time during the 2-
                year period beginning on the date of enactment of this 
                Act, an Indian tribe may ask the Attorney General to 
                designate the tribe as a participating tribe under 
                section 204(a) of Public Law 90-284 on an accelerated 
                basis.</DELETED>
                <DELETED>    (B) Procedure.--The Attorney General (or a 
                designee of the Attorney General) may grant a request 
                under subparagraph (A) after coordinating with the 
                Secretary of the Interior (or a designee of the 
                Secretary), consulting with affected Indian tribes, and 
                concluding that the criminal justice system of the 
                requesting tribe has adequate safeguards in place to 
                protect defendants' rights, consistent with section 204 
                of Public Law 90-284.</DELETED>
                <DELETED>    (C) Effective dates for pilot projects.--
                An Indian tribe designated as a participating tribe 
                under this paragraph may commence exercising special 
                domestic violence criminal jurisdiction pursuant to 
                subsections (b) through (e) of section 204 of Public 
                Law 90-284 on a date established by the Attorney 
                General, after consultation with that Indian tribe, but 
                in no event later than the date that is 2 years after 
                the date of enactment of this Act.</DELETED>

<DELETED>SEC. 205. OTHER AMENDMENTS.</DELETED>

<DELETED>    (a) Assaults.--Section 113(a) of title 18, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) by striking paragraph (1) and inserting the 
        following:</DELETED>
        <DELETED>    ``(1) Assault with intent to commit murder or a 
        felony under chapter 109A, by a fine under this title, 
        imprisonment for not more than 20 years, or both.'';</DELETED>
        <DELETED>    (2) in paragraph (3) by striking ``and without 
        just cause or excuse,''; and</DELETED>
        <DELETED>    (3) in paragraph (7), by striking ``fine'' and 
        inserting ``a fine''.</DELETED>
<DELETED>    (b) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, 
United States Code, is amended by inserting ``or tribal'' after 
``State''.</DELETED>

     <DELETED>TITLE III--INDIAN LAW AND ORDER COMMISSION</DELETED>

<DELETED>SEC. 301. INDIAN LAW AND ORDER COMMISSION.</DELETED>

<DELETED>    Section 15(f) of the Indian Law Enforcement Reform Act (25 
U.S.C. 2812(f)) is amended by striking ``2 years'' and inserting ``3 
years''.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Stand Against 
Violence and Empower Native Women Act'' or the ``SAVE Native Women 
Act''.
    (b) Table of Contents.--The table of contents for 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. Assaults; repeat offenders.
Sec. 206. Violations of tribal civil protection orders.
Sec. 207. High priority performance goal pilot program reporting.

               TITLE III--INDIAN LAW AND ORDER COMMISSION

Sec. 301. Indian Law and Order Commission.

     TITLE IV--SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS

Sec. 401. Safety enhancement study and demonstration projects.

                        TITLE I--GRANT PROGRAMS

SEC. 101. GRANTS TO INDIAN TRIBAL GOVERNMENTS.

    Section 2015 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg-10) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (2), by inserting ``sex 
                trafficking,'' after ``sexual assault,'';
                    (B) in paragraph (4), by inserting ``sex 
                trafficking,'' after ``sexual assault,'';
                    (C) in paragraph (5), by inserting ``sexual 
                assault, sex trafficking,'' after ``dating violence,'';
                    (D) in paragraph (7)--
                            (i) by inserting ``sex trafficking,'' after 
                        ``sexual assault,'' each place it appears; and
                            (ii) by striking ``and'' at the end;
                    (E) in paragraph (8)--
                            (i) by inserting ``sex trafficking,'' after 
                        ``stalking,''; and
                            (ii) by striking the period at the end and 
                        inserting a semicolon; and
                    (F) by adding at the end the following:
            ``(9) provide services to address the needs of youth who 
        are victims of domestic violence, dating violence, sexual 
        assault, sex trafficking, or stalking and the needs of children 
        exposed to domestic violence, dating violence, sexual assault, 
        sex trafficking, or stalking, including support for the 
        nonabusing parent or the caretaker of the child; and
            ``(10) develop legislation and policies and provide 
        outreach and education that enhance best practices for 
        responding to violent crimes against Indian women, including 
        the crimes of domestic violence, dating violence, sexual 
        assault, sex trafficking, and stalking.''; and
            (2) by adding at the end the following:
    ``(c) Administration.--Notwithstanding any other provision of law 
and in addition to any amounts that are otherwise made available to 
carry out this section, amounts made available pursuant to sections 
41201(d)(1), 41303(a)(3)(B), and 41305(a)(3)(B) of the Violence Against 
Women Act of 1994 (42 U.S.C. 14043c(d)(1), 14043d-2(a)(3)(B), 14043d-
4(a)(3)(B)) shall be made available to carry out this section.''.

SEC. 102. TRIBAL COALITION GRANTS.

    Section 2001 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796gg) is amended by striking 
subsection (d) and inserting the following:
    ``(d) Tribal Coalition Grants.--
            ``(1) Purpose.--The Attorney General shall award a grant to 
        tribal coalitions for purposes of--
                    ``(A) increasing awareness of domestic violence and 
                sexual assault against Indian women;
                    ``(B) enhancing the response to violence against 
                Indian women at the Federal, State, and tribal levels;
                    ``(C) identifying and providing technical 
                assistance to coalition membership and tribal 
                communities to enhance access to essential services to 
                Indian women victimized by domestic and sexual 
                violence, including sex trafficking; and
                    ``(D) assisting Indian tribes in developing 
                legislation and policies and providing outreach and 
                education that enhance best practices for responding to 
                violent crimes against Indian women, including the 
                crimes of domestic violence, dating violence, sexual 
                assault, sex trafficking, and stalking.
            ``(2) Grants.--The Attorney General shall award grants on 
        annual basis under paragraph (1) to--
                    ``(A) each tribal coalition that--
                            ``(i) meets the criteria of a tribal 
                        coalition under section 40002(a) of the 
                        Violence Against Women Act of 1994 (42 U.S.C. 
                        13925(a));
                            ``(ii) is recognized by the Office on 
                        Violence Against Women; and
                            ``(iii) provides services to Indian tribes; 
                        and
                    ``(B) organizations that propose to incorporate and 
                operate a tribal coalition in areas where Indian tribes 
                are located but no tribal coalition exists.
            ``(3) Use of amounts.--For each of fiscal years 2013 
        through 2017, of the amounts appropriated to carry out this 
        subsection--
                    ``(A) not more than 10 percent may be made 
                available to organizations described in paragraph 
                (2)(B); and
                    ``(B) not less than 90 percent shall be made 
                available to tribal coalitions described in paragraph 
                (2)(A), which amounts shall be distributed equally 
                among each eligible tribal coalition for the applicable 
                fiscal year.
            ``(4) Duration.--A grant under this subsection shall be 
        awarded for a period of 1 year.
            ``(5) Eligibility for other grants.--Receipt of an award 
        under this subsection by a tribal coalition shall not preclude 
        the tribal coalition from receiving additional grants under 
        this title to carry out the purposes described in paragraph 
        (1).
            ``(6) Multiple purpose applications.--Nothing in this 
        subsection prohibits any tribal coalition or organization 
        described in paragraph (2) from applying for funding to address 
        sexual assault or domestic violence needs in the same 
        application.''.

SEC. 103. CONSULTATION.

    Section 903 of the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (42 U.S.C. 14045d) is amended--
            (1) in subsection (a)--
                    (A) by striking ``and the Violence Against Women 
                Act of 2000'' and inserting ``, the Violence Against 
                Women Act of 2000''; and
                    (B) by inserting ``, and the Stand Against Violence 
                and Empower Native Women Act'' before the period at the 
                end;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``the Secretary of the Department of Health 
                and Human Services and'' and inserting ``the Secretary 
                of Health and Human Services, the Secretary of the 
                Interior, and''; and
                    (B) in paragraph (2), by inserting ``sex 
                trafficking,'' after ``sexual assault,''; and
            (3) by adding at the end the following:
    ``(c) Notice.--Not later than 120 days before the date of a 
consultation under subsection (a), the Attorney General shall notify 
tribal leaders of the date, time, and location of the consultation.''.

SEC. 104. ANALYSIS AND RESEARCH ON VIOLENCE AGAINST WOMEN.

    Section 904(a) of the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (42 U.S.C. 3796gg-10 note) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``The National'' and inserting 
                ``Not later than 3 years after the date of enactment of 
                the Stand Against Violence and Empower Native Women 
                Act, the National''; and
                    (B) by inserting ``, women in Alaska Native 
                villages, and Native Hawaiian women'' before the period 
                at the end;
            (2) in paragraph (2)(A)--
                    (A) in clause (iv), by striking ``and'' at the end;
                    (B) in clause (v), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(vi) sex trafficking.'';
            (3) in paragraph (4), by striking ``this Act'' and 
        inserting ``the Stand Against Violence and Empower Native Women 
        Act''; and
            (4) in paragraph (5), by striking ``this section $1,000,000 
        for each of fiscal years 2007 and 2008'' and inserting ``this 
        subsection $1,000,000 for each of fiscal years 2012 and 2013''.

SEC. 105. DEFINITIONS.

    Section 40002(a) of the Violence Against Women Act of 1994 (42 
U.S.C. 13925(a)) is amended--
            (1) by redesignating paragraphs (23) through (37) as 
        paragraphs (24) through (38), respectively;
            (2) in paragraph (21)--
                    (A) in subparagraph (A), by striking ``or'' at the 
                end;
                    (B) in subparagraph (B), by striking the period at 
                the end and inserting ``; or''; and
                    (C) by adding at the end the following:
                    ``(C) an area or community associated with a 
                federally recognized Indian tribe, regardless of 
                whether the land is owned by the Indian tribe.'';
            (3) by inserting after paragraph (22) the following:
            ``(23) Sex trafficking.--The term `sex trafficking' means 
        any conduct proscribed by section 1591 of title 18, United 
        States Code, regardless of whether the conduct occurs in 
        interstate or foreign commerce or within the special maritime 
        and territorial jurisdiction of the United States.''; and
            (4) by striking paragraph (30) (as redesignated by 
        paragraph (1)) and inserting the following:
            ``(30) Tribal coalition.--The term `tribal coalition' means 
        an established nonprofit, nongovernmental Indian organization 
        (including a Native Hawaiian organization) that--
                    ``(A) is established to provide services to members 
                of the tribal coalition on a statewide, regional, or 
                customary territory basis;
                    ``(B) provides education, support, and technical 
                assistance to member Indian service providers in a 
                manner that enables those member providers to establish 
                and maintain culturally appropriate services, including 
                shelter and rape crisis services, designed to assist 
                Indian women and the dependents of those women who are 
                victims of domestic violence, dating violence, sexual 
                assault, and stalking;
                    ``(C) serves as an information clearinghouse and 
                resource center for Indian programs addressing domestic 
                violence and sexual assault;
                    ``(D) is comprised of board and general members 
                that are representative of--
                            ``(i) the member service providers 
                        described in subparagraph (B); and
                            ``(ii) the tribal communities in which the 
                        services are being provided;
                    ``(E) supports the development of legislation, 
                policies, protocols, procedures, and guidance to 
                enhance domestic violence and sexual assault 
                intervention and prevention efforts in Indian tribes 
                and communities to be served; and
                    ``(F) has expertise in the development of Indian 
                community-based, linguistically, and culturally 
                specific outreach and intervention services for the 
                Indian communities to be served.''.

          TITLE II--TRIBAL JURISDICTION AND CRIMINAL OFFENSES

SEC. 201. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

    Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly 
known as the ``Indian Civil Rights Act of 1968'') is amended by adding 
at the end the following:

``SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC VIOLENCE.

    ``(a) Definitions.--In this section:
            ``(1) Dating violence.--The term `dating violence' means 
        violence committed by a person who is or has been in a social 
        relationship of a romantic or intimate nature with the victim, 
        as determined by the length of the relationship, the type of 
        relationship, and the frequency of interaction between the 
        persons involved in the relationship.
            ``(2) Domestic violence.--The term `domestic violence' 
        means violence committed by a current or former spouse of the 
        victim, by a person with whom the victim shares a child in 
        common, by a person who is cohabitating with or has cohabitated 
        with the victim as a spouse, or by a person similarly situated 
        to a spouse of the victim under the domestic or family violence 
        laws of the Indian tribe that has jurisdiction over the Indian 
        country where the violence occurs.
            ``(3) Indian country.--The term `Indian country' has the 
        meaning given the term in section 1151 of title 18, United 
        States Code.
            ``(4) Participating tribe.--The term `participating tribe' 
        means an Indian tribe that elects to exercise special domestic 
        violence criminal jurisdiction over the Indian country of that 
        Indian tribe.
            ``(5) Protection order.--The term `protection order' means 
        any injunction, restraining order, or other order issued by a 
        civil or criminal court for the purpose of preventing violent 
        or threatening acts or harassment against, sexual violence 
        against, contact or communication with, or physical proximity 
        to, another person, including any temporary or final order 
        issued by a civil or criminal court, whether obtained by filing 
        an independent action or as a pendente lite order in another 
        proceeding, so long as the civil or criminal order was issued 
        in response to a complaint, petition, or motion filed by or on 
        behalf of a person seeking protection.
            ``(6) Special domestic violence criminal jurisdiction.--The 
        term `special domestic violence criminal jurisdiction' means 
        the criminal jurisdiction that a participating tribe may 
        exercise under this section but could not otherwise exercise.
            ``(7) Spouse or intimate partner.--The term `spouse or 
        intimate partner' has the meaning given the term in section 
        2266 of title 18, United States Code.
    ``(b) Nature of the Criminal Jurisdiction.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, in addition to all powers of self-government recognized 
        and affirmed by this Act, the powers of self-government of a 
        participating tribe include the inherent power of that tribe, 
        which is hereby recognized and affirmed, to exercise special 
        domestic violence criminal jurisdiction over all persons.
            ``(2) Concurrent jurisdiction.--A participating tribe shall 
        exercise special domestic violence criminal jurisdiction 
        concurrently, not exclusively.
            ``(3) Applicability.--Nothing in this section--
                    ``(A) creates or eliminates any Federal or State 
                criminal jurisdiction over Indian country; or
                    ``(B) affects the authority of the United States, 
                or any State government that has been delegated 
                authority by the United States, to investigate and 
                prosecute a criminal violation in Indian country.
    ``(c) Criminal Conduct.--A participating tribe may exercise special 
domestic violence criminal jurisdiction over a defendant for criminal 
conduct that falls into 1 or more of the following categories:
            ``(1) Domestic violence and dating violence.--An act of 
        domestic violence or dating violence that occurs in the Indian 
        country of the participating tribe.
            ``(2) Violations of protection orders.--An act that--
                    ``(A) occurs in the Indian country of the 
                participating tribe; and
                    ``(B) violates the portion of a protection order 
                that--
                            ``(i) prohibits or provides protection 
                        against violent or threatening acts or 
                        harassment against, sexual violence against, 
                        contact or communication with, or physical 
                        proximity to, another person; and
                            ``(ii)(I) was issued against the defendant;
                            ``(II) is enforceable by the participating 
                        tribe; and
                            ``(III) is consistent with section 2265(b) 
                        of title 18, United States Code.
    ``(d) Dismissal of Certain Cases.--
            ``(1) Definition of victim.--In this subsection and with 
        respect to a criminal proceeding in which a participating tribe 
        exercises special domestic violence criminal jurisdiction based 
        on a criminal violation of a protection order, the term 
        `victim' means a person specifically protected by a protection 
        order that the defendant allegedly violated.
            ``(2) Non-indian victims and defendants.--In a criminal 
        proceeding in which a participating tribe exercises special 
        domestic violence criminal jurisdiction, the case shall be 
        dismissed if--
                    ``(A) the defendant files a pretrial motion to 
                dismiss on the grounds that the alleged offense did not 
                involve an Indian; and
                    ``(B) the participating tribe fails to prove that 
                the defendant or an alleged victim is an Indian.
            ``(3) Ties to indian tribe.--In a criminal proceeding in 
        which a participating tribe exercises special domestic violence 
        criminal jurisdiction, the case shall be dismissed if--
                    ``(A) the defendant files a pretrial motion to 
                dismiss on the grounds that the defendant and the 
                alleged victim lack sufficient ties to the Indian 
                tribe; and
                    ``(B) the prosecuting tribe fails to prove that the 
                defendant or an alleged victim--
                            ``(i) resides in the Indian country of the 
                        participating tribe;
                            ``(ii) is employed in the Indian country of 
                        the participating tribe; or
                            ``(iii) is a spouse or intimate partner of 
                        a member of the participating tribe.
            ``(4) Waiver.--A knowing and voluntary failure of a 
        defendant to file a pretrial motion described in paragraph (2) 
        or (3) shall be considered a waiver of the right to seek a 
        dismissal under this subsection.
    ``(e) Rights of Defendants.--In a criminal proceeding in which a 
participating tribe exercises special domestic violence criminal 
jurisdiction, the participating tribe shall provide to the defendant--
            ``(1) all applicable rights under this Act;
            ``(2) if a term of imprisonment of any length is imposed, 
        all rights described in section 202(c); and
            ``(3) all other rights whose protection is necessary under 
        the Constitution of the United States in order for Congress to 
        recognize and affirm the inherent power of the participating 
        tribe to exercise criminal jurisdiction over the defendant.
    ``(f) Petitions To Stay Detention.--
            ``(1) In general.--A person who has filed a petition for a 
        writ of habeas corpus in a court of the United States under 
        section 203 may petition that court to stay further detention 
        of that person by the participating tribe.
            ``(2) Grant of stay.--A court shall grant a stay described 
        in paragraph (1) if the court--
                    ``(A) finds that there is a substantial likelihood 
                that the habeas corpus petition will be granted; and
                    ``(B) after giving each alleged victim in the 
                matter an opportunity to be heard, finds, by clear and 
                convincing evidence that, under conditions imposed by 
                the court, the petitioner is not likely to flee or pose 
                a danger to any person or the community if released.
    ``(g) Grants to Tribal Governments.--The Attorney General may award 
grants to the governments of Indian tribes (or to authorized designees 
of those governments)--
            ``(1) to strengthen tribal criminal justice systems to 
        assist Indian tribes in exercising special domestic violence 
        criminal jurisdiction, including--
                    ``(A) law enforcement (including the capacity to 
                enter information into and obtain information from 
                national crime information databases);
                    ``(B) prosecution;
                    ``(C) trial and appellate courts;
                    ``(D) probation systems;
                    ``(E) detention and correctional facilities;
                    ``(F) alternative rehabilitation centers;
                    ``(G) culturally appropriate services and 
                assistance for victims and their families; and
                    ``(H) criminal codes and rules of criminal 
                procedure, appellate procedure, and evidence;
            ``(2) to provide indigent criminal defendants with the 
        effective assistance of licensed defense counsel, at no cost to 
        the defendant, in criminal proceedings in which a participating 
        tribe prosecutes a crime of domestic violence or dating 
        violence or a criminal violation of a protection order;
            ``(3) to ensure that, in criminal proceedings in which a 
        participating tribe exercises special domestic violence 
        criminal jurisdiction, jurors are summoned, selected, and 
        instructed in a manner consistent with all applicable 
        requirements; and
            ``(4) to accord victims of domestic violence, dating 
        violence, and violations of protection orders rights that are 
        similar to the rights of a crime victim described in section 
        3771(a) of title 18, United States Code, consistent with tribal 
        law and custom.
    ``(h) Supplement, Not Supplant.--Amounts made available under this 
section shall supplement and not supplant any other Federal, State, 
tribal, or local government amounts made available to carry out 
activities described in this section.
    ``(i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (g) and to provide training, 
technical assistance, data collection, and evaluation of the criminal 
justice systems of participating tribes such sums as are necessary.''.

SEC. 202. TRIBAL PROTECTION ORDERS.

    Section 2265 of title 18, United States Code, is amended by 
striking subsection (e) and inserting the following:
    ``(e) Tribal Court Jurisdiction.--For purposes of this section, a 
court of an Indian tribe shall have full civil jurisdiction to issue 
and enforce protection orders involving any person, including the 
authority to enforce any orders through civil contempt proceedings, the 
exclusion of violators from Indian land, and other appropriate 
mechanisms, in matters arising anywhere in the Indian country of the 
Indian tribe (as defined in section 1151) or otherwise within the 
authority of the Indian tribe.
    ``(f) Applicability.--Nothing in this section limits, alters, 
expands, or diminishes the civil or criminal jurisdiction of the State 
of Alaska, any subdivision of the State of Alaska, or any Indian tribe 
in the State of Alaska.''.

SEC. 203. AMENDMENTS TO THE FEDERAL ASSAULT STATUTE.

    (a) Assaults by Striking, Beating, or Wounding.--Section 113(a)(4) 
of title 18, United States Code, is amended by striking ``six months'' 
and inserting ``1 year''.
    (b) Assaults Resulting in Substantial Bodily Injury.--Section 
113(a)(7) of title 18, United States Code, is amended by striking 
``substantial bodily injury to an individual who has not attained the 
age of 16 years'' and inserting ``substantial bodily injury to a spouse 
or intimate partner, a dating partner, or an individual who has not 
attained the age of 16 years''.
    (c) Assaults by Strangling or Suffocating.--Section 113(a) of title 
18, United States Code, is amended by adding at the end the following:
            ``(8) Assault of a spouse, intimate partner, or dating 
        partner by strangling, suffocating, or attempting to strangle 
        or suffocate, by a fine under this title, imprisonment for not 
        more than 10 years, or both.''.
    (d) Definitions.--Section 113(b) of title 18, United States Code, 
is amended--
            (1) by striking ``(b) As used in this subsection--'' and 
        inserting the following:
    ``(b) Definitions.--In this section--'';
            (2) in paragraph (1)(B), by striking ``and'' at the end;
            (3) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) the terms `dating partner' and `spouse or intimate 
        partner' have the meanings given those terms in section 2266;
            ``(4) the term `strangling' means intentionally, knowingly, 
        or recklessly impeding the normal breathing or circulation of 
        the blood of a person by applying pressure to the throat or 
        neck, regardless of whether that conduct results in any visible 
        injury or whether there is any intent to kill or protractedly 
        injure the victim; and
            ``(5) the term `suffocating' means intentionally, 
        knowingly, or recklessly impeding the normal breathing of a 
        person by covering the mouth of the person, the nose of the 
        person, or both, regardless of whether that conduct results in 
        any visible injury or whether there is any intent to kill or 
        protractedly injure the victim.''.
    (e) Indian Major Crimes.--Section 1153(a) of title 18, United 
States Code, is amended by striking ``assault with intent to commit 
murder, assault with a dangerous weapon, assault resulting in serious 
bodily injury (as defined in section 1365 of this title)'' and 
inserting ``a felony assault under section 113''.

SEC. 204. EFFECTIVE DATES; PILOT PROJECT.

    (a) General Effective Date.--Except as provided in subsection (b), 
the amendments made by this title shall take effect on the date of 
enactment of this Act.
    (b) Effective Date for Special Domestic-Violence Criminal 
Jurisdiction.--
            (1) In general.--Except as provided in paragraph (2), 
        subsections (b) through (e) of section 204 of Public Law 90-284 
        (as added by section 201) shall take effect on the date that is 
        2 years after the date of enactment of this Act.
            (2) Pilot project.--
                    (A) In general.--At any time during the 2-year 
                period beginning on the date of enactment of this Act, 
                an Indian tribe may ask the Attorney General to 
                designate the tribe as a participating tribe under 
                section 204(a) of Public Law 90-284 on an accelerated 
                basis.
                    (B) Procedure.--The Attorney General (or a designee 
                of the Attorney General) may grant a request under 
                subparagraph (A) after coordinating with the Secretary 
                of the Interior (or a designee of the Secretary), 
                consulting with affected Indian tribes, and concluding 
                that the criminal justice system of the requesting 
                tribe has adequate safeguards in place to protect 
                defendants' rights, consistent with section 204 of 
                Public Law 90-284.
                    (C) Effective dates for pilot projects.--An Indian 
                tribe designated as a participating tribe under this 
                paragraph may commence exercising special domestic 
                violence criminal jurisdiction pursuant to subsections 
                (b) through (e) of section 204 of Public Law 90-284 on 
                a date established by the Attorney General, after 
                consultation with that Indian tribe, but in no event 
                later than the date that is 2 years after the date of 
                enactment of this Act.

SEC. 205. ASSAULTS; REPEAT OFFENDERS.

    (a) Assaults.--Section 113(a) of title 18, United States Code, is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Assault with intent to commit murder or a felony 
        under chapter 109A, by a fine under this title, imprisonment 
        for not more than 20 years, or both.'';
            (2) in paragraph (3) by striking ``and without just cause 
        or excuse,''; and
            (3) in paragraph (7), by striking ``fine'' and inserting 
        ``a fine''.
    (b) Repeat Offenders.--Section 2265A(b)(1)(B) of title 18, United 
States Code, is amended by inserting ``or tribal'' after ``State''.

SEC. 206. VIOLATIONS OF TRIBAL CIVIL PROTECTION ORDERS.

    Section 1153 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Violation of Tribal Civil Protection Order.--
            ``(1) Definition of civil protection order.--In this 
        subsection, the term `civil protection order' means an order 
        issued in a civil proceeding by a court or other judicial 
        tribunal of an Indian tribe for the purpose of protecting a 
        person who resides in the Indian country of the Indian tribe 
        from physical harm, violent or threatening acts, harassment, or 
        sexual violence by the respondent, which temporarily or 
        permanently prohibits the respondent from approaching or coming 
        into physical proximity to or contact with the person at a 
        specified residence, place, or area in such Indian country.
            ``(2) Prohibition.--It shall be unlawful for any person to 
        violate the terms of a civil protection order issued by a court 
        or other judicial tribunal of an Indian tribe in accordance 
        with paragraph (4).
            ``(3) Penalty.--Any person who violates paragraph (2) 
        shall--
                    ``(A) be guilty of a crime; and
                    ``(B)(i) for the first violation of the civil 
                protection order, fined not more than $1,000, 
                imprisoned for not more than 1 year, or both; and
                    ``(ii) for any subsequent violation of the civil 
                protection order, fined not more than $5,000, 
                imprisoned for not more than 3 years, or both.
            ``(4) Requirements.--A violation of a civil protection 
        order or a civil exclusion order shall constitute an offense 
        under paragraph (2) if the civil protection order--
                    ``(A) meets all of the requirements of section 2265 
                relating to full faith and credit; and
                    ``(B) includes the following statement: `A 
                violation of this civil protection order may result in 
                criminal prosecution under Federal law and the 
                imposition of a fine, imprisonment, or both.'.
            ``(5) Effect of subsection.--Nothing in this subsection 
        limits, modifies, or otherwise affects the application of any 
        provision of sections 2261 through 2266.''.

SEC. 207. HIGH PRIORITY PERFORMANCE GOAL PILOT PROGRAM REPORTING.

    Section 3(c) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2802(c)) is amended--
            (1) in paragraph (17), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (18), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(19) beginning not later than 90 days after the date of 
        enactment of this paragraph, submitting to the appropriate 
        committees of Congress for each fiscal year a report on the 
        high priority performance goal pilot program carried out by the 
        Secretary to reduce violent crime in Indian communities that 
        includes--
                    ``(A) a list of the Indian tribes participating in 
                the program, including--
                            ``(i) baseline data on the violent crimes 
                        occurring on the reservations of those Indian 
                        tribes before the high priority performance 
                        goal pilot program commenced, including the 
                        quantity and types of violent crimes;
                            ``(ii) data on the quantity and types of 
                        violent crimes on the reservations of those 
                        Indians tribes in each subsequent fiscal year; 
                        and
                            ``(iii) any barriers to reporting violent 
                        crimes on the reservations of those Indian 
                        tribes;
                    ``(B) a projected list of Indians tribes, 
                reservations, or Indian land that the Secretary 
                anticipates including in the program, including details 
                on when and how the Secretary intends to develop the 
                program on the Indian land or reservations;
                    ``(C) a description of the strategies, community 
                policing activities, tribal consultation, best 
                practices, training, technical assistance, and 
                community and tribal outreach employed by the Office of 
                Justice Services and law enforcement personnel;
                    ``(D) for each of the reservations described in 
                subparagraphs (A) and (B)--
                            ``(i) baseline data on the quantity of law 
                        enforcement and court personnel at each of the 
                        reservations;
                            ``(ii) data on the quantity of law 
                        enforcement and court personnel at each of the 
                        reservations at the end of each subsequent 
                        fiscal year; and
                            ``(iii) a description of any barriers to 
                        hiring law enforcement and court personnel for 
                        those reservations;
                    ``(E) a description of the short- and long-term 
                plans of action of the Secretary for reducing violent 
                crime in the tribal communities described in 
                subparagraphs (A) and (B);
                    ``(F) any feasibility evaluations or studies 
                relating to the expansion of the pilot program to other 
                Indian tribes and Indian land or reservations, which 
                shall include an analysis of the impact of such an 
                expansion on existing programs; and
                    ``(G) any other information the Secretary 
                determines to be necessary.''.

               TITLE III--INDIAN LAW AND ORDER COMMISSION

SEC. 301. INDIAN LAW AND ORDER COMMISSION.

    Section 15(f) of the Indian Law Enforcement Reform Act (25 U.S.C. 
2812(f)) is amended by striking ``2 years'' and inserting ``3 years''.

     TITLE IV--SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS

SEC. 401. SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS.

    Title II of Public Law 90-284 (25 U.S.C. 1301 et seq.) (commonly 
known as the ``Indian Civil Rights Act of 1968'') (as amended by 
section 201) is amended by adding at the end the following:

``SEC. 205. SAFETY ENHANCEMENT STUDY AND DEMONSTRATION PROJECTS.

    ``(a) In General.--For each of fiscal years 2012 through 2018, the 
Secretary may select up to 5 Indian tribes to participate in a 
demonstration project to carry out Federal regulatory enforcement 
activities authorized by this section.
    ``(b) Demonstration Projects.--For each Indian tribe selected by 
the Secretary for a demonstration project under this section, the 
Secretary shall--
            ``(1) in consultation with the Indian tribe, promulgate 
        regulations with respect to the management, use, and public 
        safety of and in Indian country, including the property in 
        Indian country; and
            ``(2) at the request of the Indian tribe, negotiate 
        agreements with the Indian tribe that reflect the status of the 
        applicable tribal officers as Federal law enforcement officers 
        under section 5(f) of the Indian Law Enforcement Reform Act (25 
        U.S.C. 2804(f)), acting within the scope of the duties 
        described in section 3(c) of that Act (25 U.S.C. 2802(c)), to 
        allow those tribal officers to enforce regulations promulgated 
        under this section.
    ``(c) Application and Selection.--
            ``(1) In general.--Subject to paragraph (2), not later than 
        180 days after the date of enactment of this section, and after 
        consultation with Indian tribes, the Secretary shall publish 
        application requirements and selection criteria for 
        demonstration projects authorized under this section.
            ``(2) Criteria.--In selecting an Indian tribe for 
        participation in a demonstration project under this section, 
        the Secretary shall--
                    ``(A) ensure that the Indian tribe has notified the 
                applicable State and local governments in which the 
                proposed demonstration project is located; and
                    ``(B) give preference to an application for Indian 
                country in which the United States Attorney for the 
                district in which the proposed demonstration project is 
                located consents to the proposed project.
    ``(d) Penalties.--
            ``(1) In general.--Any person who knowingly and willfully 
        violates any regulation promulgated pursuant to this section 
        shall be fined not more than $1,000, imprisoned for not more 
        than 1 year, or both.
            ``(2) Magistrate judges.--Any person charged with a 
        violation of a regulation promulgated pursuant to this section 
        may be tried and sentenced by any United States magistrate 
        judge who is designated for that purpose by the court in the 
        same manner and subject to the same conditions and limitations 
        as are described in section 3401 of title 18, United States 
        Code
    ``(e) Effect of Regulations.--Nothing in this section, including a 
regulation promulgated by the Secretary under this section--
            ``(1) modifies or diminishes the criminal jurisdiction of 
        any State or local government; or
            ``(2) modifies or affects section 1152 of title 18, United 
        States Code.
    ``(f) Expiration of Regulations.--A regulation promulgated by the 
Secretary under this section may remain in effect for a period not to 
exceed 4 years after the date of expiration of the applicable 
demonstration project.
    ``(g) Report.--Not later than September 30, 2016, the Secretary 
shall submit to Congress a report that describes, as of the date on 
which the report is submitted--
            ``(1) a description of each demonstration project approved 
        under this section; and
            ``(2) an assessment of the effectiveness of the 
        demonstration projects.''.
                                                       Calendar No. 579

112th CONGRESS

  2d Session

                                S. 1763

                          [Report No. 112-265]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 27, 2012

                       Reported with an amendment
```