Kansas Indian Country Law Enforcement Improvement Act of 2023

Subjects: Native Americans

Summary:  <p><b>Kansas Indian Country Law Enforcement Improvement Act of 2023</b></p> <p>This bill revises Kansas's criminal jurisdiction over offenses committed on the reservation of a covered Indian tribe. <i>Covered Indian tribe</i> means the Iowa Tribe of Kansas and Nebraska, the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, the Prairie Band Potawatomi Nation, and the Sac &amp; Fox Nation of Missouri in Kansas and Nebraska.</p> <p>Specifically, the bill requires affirmative consent from the governing body of a covered tribe for Kansas to have criminal jurisdiction over offenses committed on the tribe's reservation.</p> <p>The bill authorizes federal agencies and state and local governments in Kansas to enter into cooperative agreements or compacts with the governing bodies of covered Indian tribes for specified purposes, such as reducing crime in Indian country and nearby communities. </p> <p>Each cooperative agreement or compact entered into under the bill must (1) authorize law enforcement officers to be deputized, (2) include requirements for reporting crimes, and (3) describe the geographic limits within the reservation and categories of criminal offenses over which Kansas may exercise its jurisdiction.</p> <p>The Department of Justice must, upon request from the governing body of a covered Indian tribe, provide technical assistance in developing cooperative agreements or compacts.</p>

<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1552 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1552

 To amend title 18, United States Code, to require affirmative consent 
from the governing body of certain Indian Tribes for jurisdiction to be 
    conferred on the State of Kansas over offenses committed on the 
      reservations of such Indian Tribes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 10, 2023

    Mr. LaTurner (for himself, Mr. Mann, and Ms. Davids of Kansas) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to require affirmative consent 
from the governing body of certain Indian Tribes for jurisdiction to be 
    conferred on the State of Kansas over offenses committed on the 
      reservations of such Indian Tribes, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Kansas Indian Country Law 
Enforcement Improvement Act of 2023''.

SEC. 2. REPEAL OF ACT OF JUNE 8, 1940.

    The Act of June 8, 1940 (54 Stat. 249; ch. 276) is repealed.

SEC. 3. AMENDMENTS TO KANSAS JURISDICTION.

    (a) Amendments.--Section 3243 of title 18, United States Code, is 
amended--
            (1) by striking ``Jurisdiction is conferred'' and inserting 
        the following:
    ``(a) In General.--Jurisdiction is conferred''; and
            (2) by adding at the end the following:
    ``(b) Exception.--With respect to offenses committed on the 
reservation of a covered Indian Tribe, jurisdiction may only be 
conferred on the State of Kansas under subsection (a) upon the 
affirmative consent of the governing body of such covered Indian tribe, 
as reflected by a certified official Tribal resolution or law filed 
with the Attorney General which shall be effective upon publication in 
the Federal Register.
    ``(c) Law Enforcement Cooperative Agreements.--
            ``(1) Federal agencies and State and local governments in 
        Kansas may enter into cooperative agreements or compacts with 
        the governing bodies of covered Indian Tribes for the purposes 
        of improving law enforcement effectiveness, reducing crime in 
        Indian country and nearby communities, and developing 
        successful cooperative relationships that effectively combat 
        crime in Indian country and nearby communities.
            ``(2) Each cooperative agreement or compact entered into 
        pursuant to this subsection shall include the following:
                    ``(A) Authorization for the deputization of law 
                enforcement officers to enforce the laws of one or more 
                of the other governments party to such cooperative 
                agreement or compact.
                    ``(B) Requirements for the reporting of crimes 
                occurring within Indian country covered under such 
                cooperative agreement or compact to appropriate State, 
                Federal, and Tribal law enforcement entities.
                    ``(C) If a covered Indian Tribe is party to the 
                cooperative agreement or compact, a description of--
                            ``(i) the geographic limits within the 
                        reservation of the covered Indian Tribe on 
                        which the State may exercise criminal 
                        jurisdiction, if any; and
                            ``(ii) the categories of criminal offenses 
                        within the reservation of the covered Indian 
                        Tribe over which the State may exercise 
                        jurisdiction, if any.
                    ``(D) Other requirements under Federal law.
            ``(3) The Attorney General shall, upon request from the 
        governing body of a covered Indian Tribe, provide technical 
        assistance in the development of cooperative agreements or 
        compacts under this section.
    ``(d) Covered Indian Tribe Defined.--In this section, the term 
`covered Indian Tribe' means the following:
            ``(1) The Iowa Tribe of Kansas and Nebraska.
            ``(2) The Kickapoo Tribe of Indians of the Kickapoo 
        Reservation in Kansas.
            ``(3) The Prairie Band Potawatomi Nation.
            ``(4) The Sac & Fox Nation of Missouri in Kansas and 
        Nebraska.''.
    (b) Rule of Construction.--The amendments made by this Act shall 
not apply retroactively to any individual arrested, prosecuted, or 
convicted by the State of Kansas prior to the effective date under 
subsection (c).
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 90 days after the date of the enactment 
of this Act.
                                 &lt;all&gt;
</pre></body></html>