I 
112TH CONGRESS 
2D SESSION 
H. R. 6625 
To grant Indian tribes jurisdiction over crimes of domestic violence that 
occur in the Indian country of that tribe. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 3, 2012 
Mr. ISSA (for himself, Mr. COLE, Mr. MCHENRY, and Mr. SIMPSON) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, 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 com-
mittee concerned 
A BILL 
To grant Indian tribes 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 2012’’. 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
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. 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
‘‘(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 
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 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
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 
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— 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
‘‘(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. 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
‘‘(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— 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
‘‘(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-
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
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 defendant charged 
with a crime under this section may petition the appro-
priate Federal district for removal pursuant to section 
3245 of title 18, United States Code. 
‘‘(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; 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
‘‘(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 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-
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with
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 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.’’. 
(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. 
Removal 
criminal 
prosecutions 
brought 
under section 204 of the Indian Civil 
Rights Act 
‘‘(a) NOTICE OF REMOVAL.—A defendant charged 
with a crime pursuant to section 204 of the Indian Civil 
Rights Act of 1968 (25 U.S.C. 1304) shall file in the dis-
trict court of the United States for the district and divi-
sion within which such prosecution is pending a notice of 
removal signed pursuant to Rule 11 of the Federal Rules 
VerDate Mar 15 2010 
02:37 Dec 04, 2012
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6625.IH
H6625
pwalker on DSK7TPTVN1PROD with