I 
112TH CONGRESS 
2D SESSION 
H. R. 4154 
To decrease the incidence of violent crimes against Indian women, to strength-
en the capacity of Indian tribes to exercise the sovereign authority 
of Indian tribes to respond to violent crimes committed against Indian 
women, and to ensure that perpetrators of violent crimes committed 
against Indian women are held accountable for that criminal behavior, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 7, 2012 
Mr. BOREN (for himself, Mr. COLE, Ms. MCCOLLUM, Mr. INSLEE, and Mr. 
KILDEE) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Natural Re-
sources, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To decrease the incidence of violent crimes against Indian 
women, to strengthen the capacity of Indian tribes to 
exercise the sovereign authority of Indian tribes to re-
spond to violent crimes committed against Indian women, 
and to ensure that perpetrators of violent crimes com-
mitted against Indian women are held accountable for 
that criminal behavior, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stand Against Violence 
and Empower Native Women Act’’, or the ‘‘SAVE Native 
Women Act’’. 
SEC. 2. GRANTS TO INDIAN TRIBAL GOVERNMENTS. 
Section 2015(a) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg– 
10(a)) is amended— 
(1) in paragraph (2), by inserting ‘‘sex traf-
ficking,’’ after ‘‘sexual assault,’’; 
(2) in paragraph (4), by inserting ‘‘sex traf-
ficking,’’ after ‘‘sexual assault,’’; 
(3) in paragraph (5), by striking ‘‘and stalking’’ 
and all that follows and inserting ‘‘sexual assault, 
sex trafficking, and stalking;’’; 
(4) in paragraph (7)— 
(A) by inserting ‘‘sex trafficking,’’ after 
‘‘sexual assault,’’ each place it appears; and 
(B) by striking ‘‘and’’ at the end; 
(5) in paragraph (8)— 
(A) by inserting ‘‘sex trafficking,’’ after 
‘‘stalking,’’; and 
(B) by striking the period at the end and 
inserting a semicolon; and 
(6) by adding at the end the following: 
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‘‘(9) provide services to address the needs of 
youth who are victims of domestic violence, dating 
violence, sexual assault, sex trafficking, or stalking 
and the needs of youth and children exposed to do-
mestic violence, dating violence, sexual assault, or 
stalking, including support for the nonabusing par-
ent or the caretaker of the youth or child; and 
‘‘(10) develop and promote legislation and poli-
cies that enhance best practices for responding to 
violent crimes against Indian women, including the 
crimes of domestic violence, dating violence, sexual 
assault, sex trafficking, and stalking.’’. 
SEC. 3. GRANTS TO INDIAN TRIBAL COALITIONS. 
Section 2001(d) of title I of the Omnibus Crime Con-
trol and Safe Streets Act of 1968 (42 U.S.C. 3796gg(d)) 
is amended to read as follows: 
‘‘(d) TRIBAL COALITION GRANTS.— 
‘‘(1) PURPOSE.—The Attorney General shall 
award a grant to tribal coalitions for purposes of— 
‘‘(A) increasing awareness of domestic vio-
lence and sexual assault against Indian women; 
‘‘(B) enhancing the response to violence 
against Indian women at the Federal, State, 
and tribal levels; 
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‘‘(C) identifying and providing technical 
assistance to coalition membership and tribal 
communities to enhance access to essential serv-
ices to Indian women victimized by domestic 
and sexual violence, including sex trafficking; 
and 
‘‘(D) assisting Indian tribes in developing 
and promoting State, local, and tribal legisla-
tion and policies that enhance best practices for 
responding to violent crimes against Indian 
women, including the crimes of domestic vio-
lence, dating violence, sexual assault, sex traf-
ficking, and stalking. 
‘‘(2) GRANTS.—The Attorney General shall 
award grants on an annual basis under paragraph 
(1) to— 
‘‘(A) each tribal coalition that— 
‘‘(i) meets the criteria of a tribal coa-
lition under section 40002(a) of the Vio-
lence Against Women Act of 1994 (42 
U.S.C. 13925(a)); 
‘‘(ii) is recognized by the Office on Vi-
olence Against Women; 
‘‘(iii) provides services to Indian 
tribes; and 
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‘‘(iv) meets any additional criteria the 
Attorney General may require; and 
‘‘(B) organizations that propose to incor-
porate and operate a tribal coalition in areas 
where Indian tribes are located but no tribal co-
alition exists. 
‘‘(3) USE
OF
AMOUNTS.—For each of fiscal 
years 2013 through 2017, of the amounts appro-
priated to carry out this subsection— 
‘‘(A) not more than 10 percent shall be 
made available to organizations described in 
paragraph (2)(B), provided that 1 or more or-
ganizations determined by the Attorney General 
to be qualified apply; and 
‘‘(B) not less than 90 percent shall be 
made available to tribal coalitions described in 
paragraph (2)(A), which amounts shall be dis-
tributed equally among each eligible tribal coali-
tion for the applicable fiscal year. 
‘‘(4) ELIGIBILITY
FOR
OTHER
GRANTS.—Re-
ceipt of an award under this subsection by a tribal 
coalition shall not preclude the tribal coalition from 
receiving additional grants under this title to carry 
out the purposes described in paragraph (1). 
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(3) by adding at the end the following: 
‘‘(c) ANNUAL REPORT.—The Attorney General shall 
submit to Congress an annual report on the annual con-
sultations required under subsection (a) that— 
‘‘(1) contains the recommendations made under 
subsection (b) by Indian tribes during the year cov-
ered by the report; 
‘‘(2) describes actions taken during the year 
covered by the report to respond to recommenda-
tions made under subsection (b) during the year or 
a previous year; and 
‘‘(3) describes how the Attorney General will 
work in coordination and collaboration with Indian 
tribes, the Secretary of Health and Human Services, 
and the Secretary of the Interior to address the rec-
ommendations made under subsection (b). 
‘‘(d) NOTICE.—Not later than 120 days before the 
date of a consultation under subsection (a), the Attorney 
General shall notify tribal leaders of the date, time, and 
location of the consultation.’’. 
SEC. 5. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC 
VIOLENCE. 
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: 
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‘‘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. 
‘‘(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-
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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 
pendent 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’ 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 
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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 
and 203, the powers of self-government of a partici-
pating 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 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— 
‘‘(A) creates or eliminates any Federal or 
State criminal jurisdiction over Indian country; 
‘‘(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; 
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‘‘(C) shall apply to an Indian tribe in the 
State of Alaska, except with respect to the 
Metlakatla Indian Community, Annette Islands 
Reserve; or 
‘‘(D) shall limit, alter, expand, or diminish 
the civil or criminal jurisdiction of the State of 
Alaska or any subdivision of the State of Alas-
ka. 
‘‘(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— 
‘‘(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, 
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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) DISMISSAL OF CERTAIN CASES.— 
‘‘(1) DEFINITION
OF
VICTIM.—In this sub-
section and with respect to a criminal proceeding in 
which a participating tribe exercises special domestic 
violence criminal jurisdiction based on a criminal 
violation of a protection order, the term ‘victim’ 
means a person specifically protected by a protection 
order that the defendant allegedly violated. 
‘‘(2) 
NON-INDIAN
VICTIMS
AND
DEFEND-
ANTS.—In a criminal proceeding in which a partici-
pating tribe exercises special domestic violence crimi-
nal jurisdiction, the case shall be dismissed if— 
‘‘(A) the defendant files a pretrial motion 
to dismiss on the grounds that the alleged of-
fense did not involve an Indian; and 
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‘‘(e) 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 is 
imposed, all rights described in section 202(c); and 
‘‘(3) 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. 
‘‘(f) 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 
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‘‘(B) after giving each alleged victim in the 
matter an opportunity to be heard, finds by 
clear and convincing evidence that under condi-
tions imposed by the court, the petitioner is not 
likely to flee or pose a danger to any person or 
the community if released. 
‘‘(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); 
‘‘(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 
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‘‘(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 pro-
ceedings 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, dat-
ing 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 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 
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fiscal years 2013 through 2017 to carry out subsection 
(g) and to provide training, technical assistance, data col-
lection, and evaluation of the criminal justice systems of 
participating tribes..’’. 
SEC. 6. TRIBAL PROTECTION ORDERS. 
Section 2265 of title 18, United States Code, is 
amended by striking subsection (e) and inserting the fol-
lowing: 
‘‘(e) TRIBAL COURT JURISDICTION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), for purposes of this section, a court of an 
Indian tribe shall have full civil jurisdiction to issue 
and enforce protection orders involving any person, 
including the authority to enforce any orders 
through civil contempt proceedings, to exclude viola-
tors from Indian land, and to use other appropriate 
mechanisms, in matters arising anywhere in the In-
dian country of the Indian tribe (as defined in sec-
tion 1151) or otherwise within the authority of the 
Indian tribe. 
‘‘(2) APPLICABILITY.—Paragraph (1)— 
‘‘(A) shall not apply to an Indian tribe in 
the State of Alaska, except with respect to the 
Metlakatla Indian Community, Annette Islands 
Reserve; and 
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‘‘(B) shall not limit, alter, expand, or di-
minish the civil or criminal jurisdiction of the 
State of Alaska or any subdivision of the State 
of Alaska.’’. 
SEC. 7. AMENDMENTS TO THE FEDERAL ASSAULT STAT-
UTE. 
(a) IN GENERAL.—Section 113 of title 18, United 
States Code, is amended— 
(1) in subsection (a)— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) Assault with intent to commit murder or 
a violation of section 2241 or 2242, by a fine under 
this title, imprisonment for not more than 20 years, 
or both.’’; 
(B) in paragraph (2), by striking ‘‘felony 
under chapter 109A’’ and inserting ‘‘violation 
of section 2241 or 2242’’; 
(C) in paragraph (3) by striking ‘‘and 
without just cause or excuse,’’; 
(D) in paragraph (4), by striking ‘‘six 
months’’ and inserting ‘‘1 year’’; 
(E) in paragraph (7)— 
(i) by striking ‘‘substantial bodily in-
jury to an individual who has not attained 
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