An Act Regarding the Penobscot Nation's and Passamaquoddy Tribe's Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010 and the Federal Violence Against Women Reauthorization Act of 2013
Maine Legislature, Session 129, LD 0766
Committee: Judiciary
Sponsors: TALBOT ROSS, CARPENTER, BAILEY, COLLINGS, EVANGELOS, MARTIN, NEWELL, CHIPMAN, LIBBY, VITELLI
Amends: 30 MRSA §6206, 30 MRSA §6209-B

Legislative Document
No. 766
H.P. 571
House of Representatives, February 12, 2019
An Act Regarding the Penobscot Nation's and Passamaquoddy 
Tribe's Authority To Exercise Jurisdiction under the Federal Tribal 
Law and Order Act of 2010 and the Federal Violence Against 
Women Reauthorization Act of 2013
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative TALBOT ROSS of Portland.
Cosponsored by Senator CARPENTER of Aroostook and
Representatives: BAILEY of Saco, COLLINGS of Portland, EVANGELOS of Friendship, 
MARTIN of Greene, NEWELL of the Passamaquoddy Tribe, Senators: CHIPMAN of 
Cumberland, LIBBY of Androscoggin, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  30 MRSA §6206, sub-§3, as enacted by PL 1979, c. 732, §§1 and 31, 
is amended to read:
3.  Ordinances.  The Passamaquoddy Tribe and the Penobscot Nation each shall 
have has the right to exercise exclusive jurisdiction within its respective Indian territory 
over violations by members of either tribe or nation of tribal ordinances adopted pursuant 
to this section or section 6207. The decision to exercise or terminate the jurisdiction 
authorized by this section shall must be made by each tribal governing body. Should If 
either tribe or nation choose chooses not to exercise, or to terminate its exercise of, 
jurisdiction as authorized by this section or section 6207, the State shall have has 
exclusive jurisdiction over violations of tribal ordinances by members of either tribe or 
nation within the Indian territory of that tribe or nation. The State shall have exclusive 
jurisdiction over violations of tribal ordinances by persons not members of either tribe or 
nation. The tribe and the nation each has jurisdiction within its respective territory over a 
person who is not a member of either tribe or nation in accord with and to the extent 
authorized by federal law.
Sec. A-2.  Effective date; certification.  This Part does not take effect unless, 
within 60 days of the adjournment of the First Regular Session of the 129th Legislature, 
the Secretary of State receives written certification by the Governor and Council of the 
Penobscot Nation and the Joint Tribal Council of the Passamaquoddy Tribe and that the 
nation and the tribe have agreed to the provisions of this Part pursuant to 25 United States 
Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the 
Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of 
Statutes; except that in no event may this Part become effective until 90 days after the 
adjournment of the First Regular Session of the 129th Legislature.
PART B
Sec. B-1.  30 MRSA §6209-B, sub-§1, ¶A, as amended by PL 1997, c. 595, §1 
and affected by §2, is further amended to read:
A.  Criminal offenses for which the maximum potential term of imprisonment does 
not exceed one year 3 years and the maximum potential fine does not exceed $5,000 
$15,000 and that are committed on the Indian reservation of the Penobscot Nation by 
a member of any federally recognized Indian tribe, nation, band or other group, 
except when committed against a person who is not a member of any federally 
recognized Indian tribe, nation, band or other group or against the property of a 
person who is not a member of any federally recognized Indian tribe, nation, band or 
other group;
Sec. B-2.  30 MRSA §6209-B, sub-§4, as enacted by PL 1995, c. 388, §6 and 
affected by §8, is amended to read:
4.  Double jeopardy, collateral estoppel.  A prosecution for a criminal offense or 
juvenile crime over which the Penobscot Nation has exclusive jurisdiction under this 
section does not bar a prosecution for a criminal offense or juvenile crime, arising out of 
the same conduct, over which the State has exclusive jurisdiction. A prosecution for a 
criminal offense or juvenile crime over which the State has exclusive jurisdiction does 
not bar a prosecution for a criminal offense or juvenile crime, arising out of the same 
conduct, over which the Penobscot Nation has exclusive jurisdiction under this section.  
The determination of an issue of fact in a criminal or juvenile proceeding conducted in a 
tribal forum does not constitute collateral estoppel in a criminal or juvenile proceeding 
conducted in a state court. The determination of an issue of fact in a criminal or juvenile 
proceeding conducted in a state court does not constitute collateral estoppel in a criminal 
or juvenile proceeding conducted in a tribal forum.  For purposes of this subsection, the 
Penobscot Nation has concurrent jurisdiction with the State over a criminal offense as 
authorized by 25 United States Code, Section 1304 or successor provision.
Sec. B-3.  Effective date; certification.  This Part does not take effect unless, 
within 60 days of the adjournment of the First Regular Session of the 129th Legislature, 
the Secretary of State receives written certification by the Governor and Council of the 
Penobscot Nation that the nation has agreed to the provisions of this Part pursuant to 25 
United States Code, Section 1725(e), copies of which must be submitted by the Secretary 
of State to the Secretary of the Senate, the Clerk of the House of Representatives and the 
Revisor of Statutes; except that in no event may this Part become effective until 90 days 
after the adjournment of the First Regular Session of the 129th Legislature.
SUMMARY
This bill amends the Act To Implement the Maine Indian Claims Settlement by:
1. Transferring jurisdiction over violations of a tribal ordinance from the State to the 
Passamaquoddy Tribe and the Penobscot Nation over a person who is not a member of 
either tribe or nation in accord with and to the extent authorized by federal law;
2. Increasing the level of certain criminal offenses from a maximum period of 
imprisonment of one year and a maximum amount of $5,000 to a maximum period of 
imprisonment of 3 years and a maximum amount of $15,000 over which the Penobscot 
Nation has the right to exercise exclusive jurisdiction as authorized by the federal Tribal 
Law and Order Act of 2010; and
3.  Clarifying that the Penobscot Nation has concurrent jurisdiction with the State 
over criminal offenses as authorized by the federal Violence Against Women 
Reauthorization Act of 2013.