I 
113TH CONGRESS 
1ST SESSION 
H. R. 780 
To authorize Indian tribes to exercise jurisdiction over crimes of domestic 
violence that occur in the Indian country of that tribe. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2013 
Mr. ISSA (for himself, Mr. COLE, Mr. AMODEI, Mr. SCHWEIKERT, Mr. KLINE, 
Mr. MCHENRY, Mr. SIMPSON, and Mr. DENHAM) introduced the fol-
lowing bill; which was referred to the Committee on the Judiciary, and 
in addition to the Committee on Natural Resources, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
of such provisions as fall within the jurisdiction of the committee con-
cerned 
A BILL 
To authorize Indian tribes to exercise jurisdiction over crimes 
of domestic violence that occur in the Indian country 
of that tribe. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Violence Against In-
dian Women Act of 2013’’. 
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SEC. 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.) (commonly known as the ‘‘Indian 
Civil Rights Act of 1968’’) is amended by adding at the 
end the following: 
‘‘SEC. 204. TRIBAL JURISDICTION OVER CRIMES OF DOMES-
TIC VIOLENCE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DATING VIOLENCE.—The term ‘dating vio-
lence’ means violence committed by a person who is 
or has been in a social relationship of a romantic or 
intimate nature with the victim, as determined by 
the length of the relationship, the type of relation-
ship, and the frequency of interaction between the 
persons involved in the relationship. 
‘‘(2) DOMESTIC VIOLENCE.—The term ‘domes-
tic violence’ means violence committed by a current 
or former spouse or intimate partner of the victim, 
by a person with whom the victim shares a child in 
common, by a person who is cohabitating with or 
has cohabitated with the victim as a spouse or inti-
mate partner, or by a person similarly situated to a 
spouse of the victim under the domestic- or family- 
violence laws of an Indian tribe that has jurisdiction 
over the Indian country where the violence occurs. 
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‘‘(3) INDIAN
COUNTRY.—The term ‘Indian 
country’ has the meaning given the term in section 
1151 of title 18, United States Code. 
‘‘(4) PARTICIPATING TRIBE.—The term ‘partici-
pating tribe’ means an Indian tribe that elects to ex-
ercise special domestic violence criminal jurisdiction 
over the Indian country of that Indian tribe. 
‘‘(5) PROTECTION ORDER.—The term ‘protec-
tion order’— 
‘‘(A) means any injunction, restraining 
order, or other order issued by a civil or crimi-
nal court for the purpose of preventing violent 
or threatening acts or harassment against, sex-
ual 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 ob-
tained 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 
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criminal jurisdiction’ means the criminal jurisdiction 
that a participating tribe may exercise under this 
section but could not otherwise exercise. 
‘‘(7) SPOUSE
OR
INTIMATE
PARTNER.—The 
term ‘spouse or intimate partner’ has the meaning 
given the term in section 2266 of title 18, United 
States Code. 
‘‘(b) NATURE OF THE CRIMINAL JURISDICTION.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, in addition to all powers of self-gov-
ernment 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 jurisdic-
tion over all persons. 
‘‘(2) CONCURRENT
JURISDICTION.—The exer-
cise 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 sec-
tion— 
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‘‘(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 in-
vestigate 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 vio-
lence criminal jurisdiction over an alleged 
offense if neither the defendant nor the al-
leged victim is an Indian. 
‘‘(ii) DEFINITION OF VICTIM.—In this 
subparagraph and with respect to a crimi-
nal proceeding in which a participating 
tribe exercises special domestic violence 
criminal jurisdiction based on a violation of 
a protection order, the term ‘victim’ means 
a person specifically protected by a protec-
tion order that the defendant allegedly vio-
lated. 
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‘‘(B) DEFENDANT LACKS TIES TO THE IN-
DIAN TRIBE.—A participating tribe may exer-
cise special domestic violence criminal jurisdic-
tion over a defendant only if the defendant— 
‘‘(i) resides in the Indian country of 
the participating tribe; 
‘‘(ii) is employed in the Indian coun-
try of the participating tribe; or 
‘‘(iii) is a spouse, intimate partner, or 
dating partner of— 
‘‘(I) a member of the partici-
pating tribe; or 
‘‘(II) an Indian who resides in 
the Indian country of the partici-
pating 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
VIO-
LENCE.—An act of domestic violence or dating vio-
lence that occurs in the Indian country of the par-
ticipating tribe. 
‘‘(2) VIOLATIONS OF PROTECTION ORDERS.— 
An act that— 
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‘‘(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 har-
assment against, sexual violence against, 
contact or communication with, or physical 
proximity to, another person; 
‘‘(ii) was issued against the defend-
ant; 
‘‘(iii) is enforceable by the partici-
pating tribe; and 
‘‘(iv) 
is 
consistent 
with 
section 
2265(b) of title 18, United States Code. 
‘‘(d) RIGHTS OF DEFENDANTS.—In a criminal pro-
ceeding in which a participating tribe exercises special do-
mestic 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— 
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‘‘(A) reflect a fair cross section of the com-
munity; and 
‘‘(B) do not systematically exclude any dis-
tinctive group in the community, including non- 
Indians; and 
‘‘(4) all other rights whose protection is nec-
essary under the Constitution of the United States 
in order for Congress to recognize and affirm the in-
herent 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 likeli-
hood 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 condi-
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tions 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 or-
dered 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, pur-
suant to section 3245 of title 18, United States Code, be 
removed to the United States district court embracing the 
place where the criminal prosecution is pending, and the 
district court shall have full authority to hear and deter-
mine the cause. 
‘‘(g) GRANTS TO TRIBAL GOVERNMENTS.—The At-
torney General may award grants to the governments of 
Indian tribes (or to authorized designees of those govern-
ments)— 
‘‘(1) to strengthen tribal criminal justice sys-
tems to assist Indian tribes in exercising special do-
mestic violence criminal jurisdiction, including— 
‘‘(A) law enforcement (including the capac-
ity of law enforcement or court personnel to 
enter information into and obtain information 
from national crime information databases); 
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‘‘(h) 
SUPPLEMENT, 
NOT
SUPPLANT.—Amounts 
made available under this section shall supplement and 
not supplant any other Federal, State, tribal, or local gov-
ernment amounts made available to carry out activities de-
scribed 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 col-
lection, 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.) is amended by inserting after the 
item relating to section 203 the following: 
‘‘Sec. 204. Tribal jurisdiction over crimes of domestic violence.’’. 
SEC. 3. REMOVAL OF CRIMINAL PROSECUTIONS. 
(a) IN GENERAL.—Chapter 211 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 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 pursu-
ant to section 204(f) of the Indian Civil Rights Act of 
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1968 (25 U.S.C. 1304(f)) shall file in the district court 
of the United States for the district and division within 
which such prosecution is pending a notice of removal 
signed pursuant to Rule 11 of the Federal Rules of Civil 
Procedure and containing a short and plain statement of 
the grounds for removal under subsection (b), together 
with a copy of all process, pleadings, and orders served 
upon such defendant or defendants in such action. 
‘‘(b) GROUNDS FOR REMOVAL.—No criminal pros-
ecution under section 204 of the Indian Civil Rights Act 
of 1968 (25 U.S.C. 1304) shall be removed unless the de-
fendant can prove by clear and convincing evidence that 
a right guaranteed them under section 204(d) of the In-
dian Civil Rights Act of 1968 (25 U.S.C. 1304(d)), 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 under section 204(f) of the Indian Civil Rights 
Act of 1968 (25 U.S.C. 1304(f)) shall be filed not 
later than 30 days after the arraignment in the trib-
al court, or at any time before trial, whichever is 
earlier, except that for good cause shown the United 
States district court may enter an order granting 
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the defendant or defendants leave to file the notice 
at a later time. 
‘‘(2) A notice of removal of a criminal prosecu-
tion under section 204(f) of the Indian Civil Rights 
Act of 1968 (25 U.S.C. 1304(f)) shall include all 
grounds for such removal. A failure to state grounds 
that exist at the time of the filing of the notice shall 
constitute a waiver of such grounds, and a second 
notice 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 under section 204(f) of the In-
dian Civil Rights Act of 1968 (25 U.S.C. 1304(f)) 
shall not prevent the tribal court in which such pros-
ecution 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. 
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‘‘(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. 
‘‘(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 ATTOR-
NEYS.—To assist in implementing this section and section 
204(f) of the Indian Civil Rights Act of 1968 (25 U.S.C. 
1304(f)) and in prosecuting crimes of domestic violence 
and dating violence in Indian country, each United States 
Attorney serving a district that includes Indian country 
is authorized and encouraged to appoint qualified tribal 
prosecutors as Special Assistant United States Attorneys 
pursuant to section 13(d) of the Indian Law Enforcement 
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Reform Act (25 U.S.C. 2810(d)) and section 543(a) of 
title 28, United States Code.’’. 
(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. Federal removal jurisdiction to protect the rights of defendants under 
section 204 of the Indian Civil Rights Act..’’. 
Æ 
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