Violence Against Indian Women Act of 2013

To authorize Indian tribes to exercise jurisdiction over crimes of domestic violence that occur in the Indian country of that tribe. 1. Short title This Act may be cited as the Violence Against Indian Women Act of 2013 2. Tribal jurisdiction over crimes of domestic violence (a) In general Title II of Public Law 90–284 ( 25 U.S.C. 1301 et seq. Indian Civil Rights Act of 1968 204. Tribal jurisdiction over crimes of domestic violence (a) Definitions In this section: (1) Dating violence The term dating violence (2) Domestic violence The term domestic violence (3) Indian country The term Indian country section 1151 (4) Participating tribe The term participating tribe (5) Protection order The term protection order (A) 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; and (B) includes 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, if 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 (7) Spouse or intimate partner The term spouse or intimate partner section 2266 (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 sections 201, 202, and 203, 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 The exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both. (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. (4) Exceptions (A) Victim and defendant are both non-Indians (i) In general A participating tribe may not exercise special domestic violence criminal jurisdiction over an alleged offense if neither the defendant nor the alleged victim is an Indian. (ii) Definition of victim In this subparagraph and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a violation of a protection order, the term victim (B) Defendant lacks ties to the Indian tribe A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant only if the defendant— (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, intimate partner, or dating partner of— (I) a member of the participating tribe; or (II) an Indian who resides in the Indian country of the participating tribe. (c) Criminal conduct A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one 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; (ii) was issued against the defendant; (iii) is enforceable by the participating tribe; and (iv) is consistent with section 2265(b) (d) 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 may be imposed, all rights described in section 202(c); (3) the right to a trial by an impartial jury that is drawn from sources that— (A) reflect a fair cross section of the community; and (B) do not systematically exclude any distinctive group in the community, including non-Indians; and (4) 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 special domestic violence criminal jurisdiction over the defendant. (e) 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. (3) Notice An Indian tribe that has ordered the detention of any person has a duty to timely notify such person of his rights and privileges under this subsection and under section 203. (f) Subject to Removal A criminal prosecution commenced in a tribal court under this section may, pursuant to section 3245 (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 of law enforcement or court personnel 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 $5,000,000 for each of fiscal years 2014 through 2018 to carry out subsection (g) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes. . (b) Clerical amendment The table of sections for title II of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1301 et seq. Sec. 204. Tribal jurisdiction over crimes of domestic violence. . 3. Removal of criminal prosecutions (a) In general Chapter 211 3245. Federal removal jurisdiction to protect the rights of defendants under section 204 of the Indian Civil Rights Act. (a) Notice of removal A defendant desiring to remove a criminal prosecution from a tribal court pursuant to section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) (b) Grounds for removal No criminal prosecution under section 204 of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304 25 U.S.C. 1304(d) (c) Requirements (1) A notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) (2) A notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) (3) The filing of a notice of removal of a criminal prosecution under section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) (4) The United States district court in which such notice is filed shall examine the notice promptly. If it clearly appears on the face of the notice and any exhibits annexed thereto that removal should not be permitted, the court shall make an order for summary remand. (5) If the United States district court does not order the summary remand of such prosecution, it shall order an evidentiary hearing to be held promptly and, after such hearing, shall make such disposition of the prosecution as justice shall require. If the United States district court determines that removal shall be permitted, it shall so notify the tribal court in which prosecution is pending, which shall proceed no further. (d) Writ of habeas corpus If the defendant or defendants are in actual custody on process issued by the tribal court, the district court shall issue its writ of habeas corpus, and the marshal shall thereupon take such defendant or defendants into the marshal’s custody and deliver a copy of the writ to the clerk of such tribal court. (e) Special Assistant United States Attorneys To assist in implementing this section and section 204(f) of the Indian Civil Rights Act of 1968 ( 25 U.S.C. 1304(f) 25 U.S.C. 2810(d) . (b) Clerical amendment The table of sections for chapter 211 3245. Federal removal jurisdiction to protect the rights of defendants under section 204 of the Indian Civil Rights Act.. .

Summary: Violence Against Indian Women Act of 2013 - Amends the Indian Civil Rights Act of 1968 to give Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction. Prohibits a tribe from exercising such jurisdiction if neither the defendant or alleged victim is an Indian, or the defendant lacks certain ties to the tribe. Requires Indian tribes prosecuting those crimes to: (1) provide defendants the right to a trial by an impartial jury; and (2) notify detainees of their rights, including the right to file a writ of habeas corpus in federal court. Authorizes the Attorney General to award grants to assist Indian tribes in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes. Authorizes appropriations for such grant program and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems. Authorizes defendants charged with domestic violence, dating violence, and violations of protective orders to petition the appropriate federal district court for the removal of their case from tribal court. Prohibits a case from being removed from tribal court unless a defendant proves by clear and convincing evidence that a constitutional right guaranteed under the Act has been violated, the tribal court has not adequately remedied the violation, and the violation is prejudicial to the defendant. Authorizes and encourages U.S. Attorneys serving districts that include Indian country to appoint qualified tribal prosecutors as Special Assistant U.S. Attorneys to assist them in processing removal petitions and prosecuting crimes of domestic violence and dating violence in Indian country.