II 

114TH CONGRESS 

2D SESSION S. 3523 

To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction 

of tribal courts to cover crimes involving sexual violence, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2016 

Mr. FRANKEN (for himself and Ms. MURKOWSKI) introduced the following bill; 

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

A BILL 

To amend the Indian Civil Rights Act of 1968 to extend 

the jurisdiction of tribal courts to cover crimes involving 

sexual violence, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice for Native Sur5 vivors of Sexual Violence Act’’. 


lotter on DSK5VPTVN1PROD with BILLS
2 

•S 3523 IS

1 SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMES2 TIC, DATING, OR SEXUAL VIOLENCE, SEX 

3 TRAFFICKING, OR STALKING. 

4 Section 204 of Public Law 90–284 (25 U.S.C. 1304) 

5 (commonly known as the ‘‘Indian Civil Rights Act of 

6 1968’’) is amended— 

7 (1) in the section heading, by striking ‘‘DO8 MESTIC VIOLENCE’’ and inserting ‘‘DOMESTIC, 

9 DATING, OR SEXUAL VIOLENCE, SEX TRAF10 FICKING, OR STALKING’’; 

11 (2) in subsection (a)— 

12 (A) in paragraph (1), by striking ‘‘means 

13 violence’’ and inserting ‘‘includes any felony or 

14 misdemeanor violation of the criminal law of 

15 the Indian tribe that has jurisdiction over the 

16 Indian country where the violation occurs that 

17 is’’; 

18 (B) in paragraph (2)— 

19 (i) by striking ‘‘means violence’’ and 

20 inserting ‘‘includes any felony or mis21 demeanor violation of the criminal law of 

22 the Indian tribe that has jurisdiction over 

23 the Indian country where the violation oc24 curs that is’’; and 

25 (ii) by striking ‘‘an Indian tribe that 

26 has jurisdiction over the Indian country 


lotter on DSK5VPTVN1PROD with BILLS
3 

•S 3523 IS

1 where the violence occurs’’ and inserting 

2 ‘‘that Indian tribe’’; 

3 (C) in paragraph (4), by striking ‘‘domes4 tic violence’’ and inserting ‘‘tribal’’; 

5 (D) by redesignating paragraphs (6) and 

6 (7) as paragraphs (9) and (10), respectively; 

7 (E) by inserting after paragraph (5) the 

8 following: 

9 ‘‘(6) RELATED CONDUCT.—The term ‘related 

10 conduct’ means conduct alleged to have been com11 mitted by a defendant that— 

12 ‘‘(A) is a violation of the criminal law or 

13 contempt authority of the tribal court of the In14 dian tribe that has jurisdiction over the Indian 

15 country where the underlying offense occurred; 

16 and 

17 ‘‘(B) occurs in connection with the exercise 

18 of special tribal criminal jurisdiction by that In19 dian tribe. 

20 ‘‘(7) SEX TRAFFICKING.— 

21 ‘‘(A) IN GENERAL.—The term ‘sex traf22 ficking’ means conduct— 

23 ‘‘(i) consisting of— 

24 ‘‘(I) recruiting, enticing, har25 boring, transporting, providing, obVerDate Sep 11 2014 05:20 Dec 10, 2016 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3523.IS S3523

lotter on DSK5VPTVN1PROD with BILLS
4 

•S 3523 IS

1 taining, advertising, maintaining, pa2 tronizing, or soliciting by any means a 

3 person; or 

4 ‘‘(II) benefitting, financially or 

5 by receiving anything of value, from 

6 participation in a venture that has en7 gaged in an act described in subclause 

8 (I); and 

9 ‘‘(ii) carried out with the knowledge, 

10 or, except where the act constituting the 

11 violation of clause (i) is advertising, in 

12 reckless disregard of the fact, that— 

13 ‘‘(I) means of force, threats of 

14 force, fraud, coercion, or any combina15 tion of such means will be used to 

16 cause the person to engage in a com17 mercial sex act; or 

18 ‘‘(II) the person has not attained 

19 the age of 18 years and will be caused 

20 to engage in a commercial sex act. 

21 ‘‘(B) DEFINITIONS.—In this paragraph, 

22 the terms ‘coercion’ and ‘commercial sex act’ 

23 have the meanings given the terms in section 

24 1591(e) of title 18, United States Code. 


lotter on DSK5VPTVN1PROD with BILLS
5 

•S 3523 IS

1 ‘‘(8) SEXUAL VIOLENCE.—The term ‘sexual vio2 lence’ means any nonconsensual sexual act or con3 tact proscribed by Federal, tribal, or State law, in4 cluding in any case in which the victim lacks the ca5 pacity to consent to the act.’’; and 

6 (F) in paragraph (9) (as redesignated by 

7 subparagraph (D))— 

8 (i) in the paragraph heading, by strik9 ing ‘‘DOMESTIC VIOLENCE’’ and inserting 

10 ‘‘TRIBAL’’; and 

11 (ii) by striking ‘‘domestic violence’’ 

12 and inserting ‘‘tribal’’; and 

13 (G) by adding at the end the following: 

14 ‘‘(11) STALKING.—The term ‘stalking’ means 

15 engaging in a course of conduct directed at a spe16 cific person that would cause a reasonable person— 

17 ‘‘(A) to fear for his or her safety or the 

18 safety of others; or 

19 ‘‘(B) to suffer substantial emotional dis20 tress.’’; 

21 (3) in subsection (b)— 

22 (A) by striking ‘‘domestic violence’’ each 

23 place it appears and inserting ‘‘tribal’’; and 

24 (B) in paragraph (4)— 

25 (i) by striking subparagraph (B); 


lotter on DSK5VPTVN1PROD with BILLS
6 

•S 3523 IS

1 (ii) by striking the paragraph designa2 tion and heading and all that follows 

3 through ‘‘A participating’’ in clause (i) of 

4 subparagraph (A) and inserting the fol5 lowing: 

6 ‘‘(4) EXCEPTION FOR NON-INDIAN VICTIM AND

7 DEFENDANT.— 

8 ‘‘(A) IN GENERAL.—A participating’’; and 

9 (iii) by striking ‘‘(ii) DEFINITION OF

10 VICTIM.—In this subparagraph’’ and in11 serting the following: 

12 ‘‘(B) DEFINITION OF VICTIM.—In this 

13 paragraph’’; 

14 (4) in subsection (c)— 

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

16 by striking ‘‘domestic violence’’ and inserting 

17 ‘‘tribal’’; 

18 (B) in paragraph (1)— 

19 (i) in the paragraph heading, by strik20 ing ‘‘VIOLENCE AND DATING’’ and insert21 ing ‘‘, DATING, AND SEXUAL’’; and 

22 (ii) by striking ‘‘or dating violence’’ 

23 and inserting ‘‘, dating violence, or sexual 

24 violence’’; and 

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


lotter on DSK5VPTVN1PROD with BILLS
7 

•S 3523 IS

1 ‘‘(3) STALKING.—An act of stalking that occurs 

2 in the Indian country of the participating tribe. 

3 ‘‘(4) SEX TRAFFICKING.—An act of sex traf4 ficking that occurs in the Indian country of the par5 ticipating tribe. 

6 ‘‘(5) RELATED CONDUCT.—An act of related 

7 conduct that occurs in the Indian country of the 

8 participating tribe.’’; 

9 (5) in subsection (d), by striking ‘‘domestic vio10 lence’’ each place it appears and inserting ‘‘tribal’’; 

11 and 

12 (6) in subsection (f)— 

13 (A) by striking ‘‘special domestic violence’’ 

14 each place it appears and inserting ‘‘special 

15 tribal’’; 

16 (B) in paragraph (2), by striking ‘‘pros17 ecutes’’ and all that follows through the semi18 colon at the end and inserting the following: 

19 ‘‘prosecutes— 

20 ‘‘(A) a crime of domestic violence; 

21 ‘‘(B) a crime of dating violence; 

22 ‘‘(C) a crime of sexual violence; 

23 ‘‘(D) a criminal violation of a protection 

24 order; 

25 ‘‘(E) a crime of stalking; 


lotter on DSK5VPTVN1PROD with BILLS
8 

•S 3523 IS

1 ‘‘(F) a crime of sex trafficking; or 

2 ‘‘(G) a crime of related conduct;’’; and 

3 (C) in paragraph (4), by inserting ‘‘sexual 

4 violence, stalking, sex trafficking,’’ after ‘‘dat5 ing violence,’’. 

Æ 


lotter on DSK5VPTVN1PROD with BILLS