Justice for Native Survivors of Sexual Violence Act

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. Short title This Act may be cited as the Justice for Native Survivors of Sexual Violence Act 2. Tribal jurisdiction over crimes of domestic, dating, or sexual violence, sex trafficking, or stalking Section 204 of Public Law 90–284 25 U.S.C. 1304 Indian Civil Rights Act of 1968 (1) in the section heading, by striking domestic violence domestic, dating, or sexual violence, sex trafficking, or stalking (2) in subsection (a)— (A) in paragraph (1), by striking means violence includes any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is (B) in paragraph (2)— (i) by striking means violence includes any violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the violation occurs that is (ii) by striking an Indian tribe that has jurisdiction over the Indian country where the violence occurs that Indian tribe (C) in paragraph (4), by striking domestic violence tribal (D) by redesignating paragraphs (6) and (7) as paragraphs (9) and (10), respectively; (E) by inserting after paragraph (5) the following: (6) Related conduct The term related conduct (A) is a violation of the criminal law of the Indian tribe that has jurisdiction over the Indian country where the underlying offense occurred; and (B) occurs in connection with the exercise of special tribal criminal jurisdiction by that Indian tribe. (7) Sex trafficking (A) In general The term sex trafficking (i) consisting of— (I) recruiting, enticing, harboring, transporting, providing, obtaining, advertising, maintaining, patronizing, or soliciting by any means a person; or (II) benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in an act described in subclause (I); and (ii) carried out with the knowledge, or, except where the act constituting the violation of clause (i) is advertising, in reckless disregard of the fact, that— (I) means of force, threats of force, fraud, coercion, or any combination of such means will be used to cause the person to engage in a commercial sex act; or (II) the person has not attained the age of 18 years and will be caused to engage in a commercial sex act. (B) Definitions In this paragraph, the terms coercion commercial sex act (8) Sexual violence The term sexual violence ; (F) in paragraph (9) (as redesignated by subparagraph (D))— (i) in the paragraph heading, by striking domestic violence tribal (ii) by striking domestic violence tribal (G) by adding at the end the following: (11) Stalking The term stalking (A) to fear for his or her safety or the safety of others; or (B) to suffer substantial emotional distress. ; (3) in subsection (b)— (A) by striking domestic violence tribal (B) in paragraph (4)— (i) by striking subparagraph (B); (ii) by striking the paragraph designation and heading and all that follows through A participating (4) Exception for non-Indian victim and defendant (A) In general A participating ; and (iii) by striking “(ii) Definition of victim (B) Definition of victim In this paragraph ; (4) in subsection (c)— (A) in the matter preceding paragraph (1), by striking domestic violence tribal (B) in paragraph (1)— (i) in the paragraph heading, by striking violence and dating , dating, and sexual (ii) by striking or dating violence , dating violence, or sexual violence (C) by adding at the end the following: (3) Stalking An act of stalking that occurs in the Indian country of the participating tribe. (4) Sex trafficking An act of sex trafficking that occurs in the Indian country of the participating tribe. (5) Related conduct An act of related conduct that occurs in the Indian country of the participating tribe. ; (5) in subsection (d), by striking domestic violence tribal (6) in subsection (f)— (A) by striking special domestic violence special tribal (B) in paragraph (2), by striking prosecutes prosecutes— (A) a crime of domestic violence; (B) a crime of dating violence; (C) a crime of sexual violence; (D) a criminal violation of a protection order; (E) a crime of stalking; (F) a crime of sex trafficking; or (G) a crime of related conduct; ; and (C) in paragraph (4), by inserting sexual violence, stalking, sex trafficking, dating violence, December 15, 2020 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Summary: Justice for Native Survivors of Sexual Violence Act This bill expands Native American tribal criminal jurisdiction over crimes of domestic violence to include sex trafficking, sexual violence, stalking, and related conduct. The bill also authorizes a tribe to exercise jurisdiction over a non-Native American defendant regardless of whether the defendant resides on the tribe's lands, is employed on the tribe's lands, or is a spouse, dating partner, or intimate partner of a Native American who resides on the tribe's lands.