Violence Against Indian Women Act of 2013

Bill: 113-hr-780
Sponsor: Rep. Issa, Darrell E. [R-CA-49]
Introduced: 2013-02-15 in the House
Policy area: Native Americans
Subjects: Assault and harassment offenses
Crimes against women
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Department of Justice
Domestic violence and child abuse
Evidence and witnesses
Federal-Indian relations
Government employee pay, benefits, personnel management
Jurisdiction and venue
Law enforcement administration and funding
Sex offenses
Violent crime

Summary:
action_date: 2013-02-15
text: 
Violence Against Indian Women Act of 2013 - Amends the Indian Civil Rights Act of 1968 to give Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction. 
 
Prohibits a tribe from exercising such jurisdiction if neither the defendant or alleged victim is an Indian, or the defendant lacks certain ties to the tribe.
 
Requires Indian tribes prosecuting those crimes to: (1) provide defendants the right to a trial by an impartial jury; and (2) notify detainees of their rights, including the right to file a writ of habeas corpus in federal court. 
 
Authorizes the Attorney General to award grants to assist Indian tribes in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes.
 
Authorizes appropriations for such grant program and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems.
 
Authorizes defendants charged with domestic violence, dating violence, and violations of protective orders to petition the appropriate federal district court for the removal of their case from tribal court. Prohibits a case from being removed from tribal court unless a defendant proves by clear and convincing evidence that a constitutional right guaranteed under the Act has been violated, the tribal court has not adequately remedied the violation, and the violation is prejudicial to the defendant.
 
Authorizes and encourages U.S. Attorneys serving districts that include Indian country to appoint qualified tribal prosecutors as Special Assistant U.S. Attorneys to assist them in processing removal petitions and prosecuting crimes of domestic violence and dating violence in Indian country.


Legislative actions:
action_date: 2013-04-08
text: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
action_date: 2013-03-01
text: Referred to the Subcommittee Indian and Alaska Native Affairs.
action_date: 2013-02-15
text: 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 concerned.
action_date: 2013-02-15
text: 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 concerned.
action_date: 2013-02-15
text: Introduced in House
action_date: 2013-02-15
text: Introduced in House