of Civil Procedure and containing a short and plain state-
ment of the grounds for removal under subsection (b), to-
gether with a copy of all process, pleadings, and orders 
served upon such defendant or defendants in such action. 
‘‘(b) GROUNDS FOR REMOVAL.—No case shall be re-
moved unless the defendant has proven by a preponder-
ance of the evidence that a right guaranteed them under 
section 202 of the Indian Civil Rights Act of 1968 (25 
U.S.C. 1302), has been violated, the tribal court has failed 
to adequately remedy the violation, and the violation is 
prejudicial to the defendant. 
‘‘(c) REQUIREMENTS.— 
‘‘(1) A notice of removal of a criminal prosecu-
tion for domestic violence shall be filed not later 
than 30 days after the arraignment in the Tribal 
court, or at any time before trial, whichever is ear-
lier, except that for good cause shown the United 
States district court may enter an order granting 
the defendant or defendants leave to file the notice 
at a later time. 
‘‘(2) A notice of removal of a criminal prosecu-
tion for domestic violence shall include all grounds 
for such removal. A failure to state grounds that 
exist at the time of the filing of the notice shall con-
stitute a waiver of such grounds, and a second no-
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tice may be filed only on grounds not existing at the 
time of the original notice. For good cause shown, 
the United States district court may grant relief 
from the limitations of this paragraph. 
‘‘(3) The filing of a notice of removal of a 
criminal prosecution for domestic violence shall not 
prevent the Tribal court in which such prosecution 
is pending from proceeding further, except that a 
judgment of conviction shall not be entered unless 
the prosecution is first remanded. 
‘‘(4) The United States district court in which 
such notice is filed shall examine the notice prompt-
ly. 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 prompt-
ly and, after such hearing, shall make such disposi-
tion 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. 
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‘‘(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) DEFINITION.—In this section, the term ‘domes-
tic violence’ has the meaning given such term in section 
40002 of the Violence Against Women Act of 1994 (42 
U.S.C. 13925).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 211 of title 18, United States Code, is amend-
ed by inserting after the item relating to section 3244 the 
following: 
‘‘3245. Removal criminal prosecutions brought under section 204 of the Indian 
Civil Rights Act.’’. 
Æ 
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