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 Amendment CA_A_H648 (House)
Amends: 30 MRSA §6206, 30 MRSA §6210, 30 MRSA §6209-B, 30 MRSA §6209-A, 25 MRSA §1544

COMMITTEE AMENDMENT .. fl" to H.P. 571, L.D. 766, Bill, "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" 
Amend the bill in Part A by striking out all of section 1 and inserting the following: 
'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. Showd If 
either tribe or nation eheese 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. ±he Except as provided in 
sections 6209-A and 6209-B. the State shall have has exclusive jurisdiction over 
violations of tribal ordinances by persons not members of either tribe or nation.' 
Amend the bill in Part A by inserting after section 1 the following: 
'Sec. A-2. 30 MRSA §6210, sub-§5 is enacted to read: 
5. 
Reports to the State Bureau of Identification. 
Penobscot Nation and 
Passamaquoddy Tribe law enforcement agencies shall submit to the Department of Public 
Safety. State Bureau of Identification such uniform crime reports and other information 
required by Title 25. section 1544.' 
Amend the bill in Part A in section 2 in the first line (page 1, line 18 in L.D.) by 
striking out the following: "Effective" and inserting the following: 'Contingent effective' 
COMMITTEE AMENDMENT 
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COMMITTEEAMENDMENT" 4'toH.P. 571,L.D. 766 
Amend the bill in Part B by striking out all of sections 1 and 2 and inserting the 
following: 
'Sec. B-1. 30 MRSA §6209-B, sub-§1-A is enacted to read: 
1-A. Concurrent jurisdiction over certain criminal offenses. The Penobscot 
Nation has the right to exercise jurisdiction, concurrently with the State, over the 
following Class D crimes committed by an individual who is not a member of a federally 
recognized Indian tribe on the Penobscot Indian Reservation for which the potential 
maximum term of imprisonment does not exceed one year and the potential fine does not 
exceed $2,000: Title 17-A, sections 207-A, 209-A, 210-B, 210-C and 211-A and Title 
19-A, section 4011. The concurrent jurisdiction authorized by this subsection does not 
include offenses committed by juveniles. 
The governing body of the Penobscot Nation shall decide whether to exercise or 
terminate the exercise of jurisdiction authorized by this subsection. Notwithstanding 
subsection 2, if the Penobscot Nation chooses to exercise jurisdiction under this 
subsection, the Penobscot Nation may not deny to any criminal defendant the right to a 
jury drawn from a cross section of the community that does not systematically exclude 
any distinctive group. a jury of 12 and the right to a unanimous jury verdict. 
In 
exercising the concurrent jurisdiction authorized by this subsection, the Penobscot Nation 
is deemed to be enforcing Penobscot tribal law. The definitions of the criminal offenses 
and the punishments applicable to those criminal offenses over which the Penobscot 
Nation has concurrent jurisdiction under this subsection are governed by the laws of the 
State. Issuance and execution of criminal process also are governed by the laws of the 
State. 
Sec. B-2. 30 MRSA §6209-B, sub-§2, as enacted by PL 1995, c. 388, §6 and 
affected by §8, is amended to read: 
2. Definitions of crimes; tribal procedures. In exercising its exclusive jurisdiction 
under subsection 1, paragraphs A and B, the Penobscot Nation is deemed to be enforcing 
Penobscot tribal law. The definitions of the criminal offenses and juvenile crimes and the 
punishments applicable to those criminal offenses and juvenile crimes over which the 
Penobscot Nation has exclusive jurisdiction under this section are governed by the laws 
of the State. Issuance and execution of criminal process are also governed by the laws of 
the State. The procedures for the establishment and operation of tribal forums created to 
effectuate the purposes of this section are governed by federal statute, including, without 
limitation, the provisions of 25 United States Code, Sections 1301 to 1303 and rules or 
regulations generally applicable to the exercise of criminal jurisdiction by Indian tribes on 
federal Indian reservations. 
At the conclusion of a prosecution for a criminal offense, except a violation of Title 12 or 
Title 29-A that is a Class D or Class E crime other than a Class D crime that involves 
hunting while under the influence of intoxicating liquor or drugs or with an excessive 
alcohol level or the operation or attempted operation of a watercraft, all-terrain vehicle, 
snowmobile or motor vehicle while under the influence of intoxicating liquor or drugs or 
with an excessive alcohol level, the tribal court shall transmit to the Department of Public 
Safety, State Bureau of Identification an abstract duly authorized on forms provided by 
the bureau. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "to H.P. 571,L.D. 766 
Sec. B-3. 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 over which the Penobscot Nation has concurrent jurisdiction under this 
section does not bar a prosecution for a criminal offense, 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.' 
Amend the bill in Part B in section 3 in the first line (page 2, line 15 in L.D.) by 
striking out the following: "Effective" and inserting the following: 'Contingent effective' 
Amend the bill by inserting after Part B the following: 
'PART C 
Sec. C-1. 30 MRSA §6209-A, sub-§1-A is enacted to read: 
1-A. Concurrent jurisdiction over certain criminal offenses. The Passamaquoddy 
Tribe has the right to exercise jurisdiction, concurrently with the State, over the following 
Class D crimes committed by an individual who is not a member of a federally 
recognized Indian tribe on the Passamaquoddy Tribe Reservation for which the potential 
maximum term of imprisonment does not exceed one year and the potential fine does not 
exceed $2,000: Title 17-A, sections 207-A, 209-A, 210-B, 210-C and 211-A and Title 
19-A, section 4011. The concurrent jurisdiction authorized by this subsection does not 
include offenses committed by juveniles. 
· 
The governing body of the Passamaquoddy Tribe shall decide whether to ·exercise or 
terminate the exercise of jurisdiction authorized by this subsection. Notwithstanding 
subsection 2, if the Passamaquoddy Tribe chooses to exercise jurisdiction under this 
subsection, the Passamaquoddy Tribe may not deny to any criminal defendant the right to 
a jmy drawn from a cross section of the community that does not systematically exclude 
any distinctive group, a jury of 12 and the right to a unanimous jury verdict. 
In 
exercising the concurrent jurisdiction authorized by this subsection, the Passamaquoddy 
Tribe is deemed to be enforcing Passamaquoddy tribal law. 
The definitions of the 
criminal offenses and the punishments applicable to those criminal offenses over which 
the Passamaquoddy Tribe has concurrent jurisdiction under this subsection are governed 
by the laws of the State. Issuance and execution of criminal process also are governed by 
the laws of the State. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"~" to H.P. 571, L.D. 766 
Sec. C-2. 30 MRSA §6209-A, sub-§2, as enacted by PL 1995, c. 388, §6 and 
affected by §8, is amended to read: 
2. Definitions of crimes; tribal procedures. fu exercising its exclusive jurisdiction 
under subsection 1, paragraphs A and B, the Passamaquoddy Tribe is deemed to be · 
enforcing Passamaquoddy tribal law. 
The definitions of the criminal offenses and 
juvenile crimes and the punishments applicable to those criminal offenses and juvenile 
crimes over which the Passamaquoddy Tribe has exclusive jurisdiction under this section 
are governed by the laws of the State. Issuance and execution of criminal process are 
also governed by the laws of the State. The procedures for the establishment and 
operation of tribal forums created to effectuate the purposes of this section are governed 
by federal statute, including, without limitation, the provisions of 25 United States Code, 
Sections 1301 to 1303 and rules or regulations generally applicable to the exercise of 
criminal jurisdiction by Indian tribes on federal fudian reservations. 
At the conclusion of a prosecution for a criminal offense, except a violation of Title 12 or 
Title 29-A that is a Class D or Class E crime other than a Class D crime that involves 
hunting while under the influence of intoxicating liquor or drugs or with an excessive 
alcohol level or the operation or attempted operation of a watercraft, all-terrain vehicle, 
snowmobile or motor vehicle while under the influence of intoxicating liquor or drugs or 
with an excessive alcohol level, the tribal court shall transmit to the Department of Public 
Safety, State Bureau of Identification an abstract duly authorized on forms provided by 
the bureau. 
Sec. C-3. 30 MRSA §6209-A, 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 Passamaquoddy Tribe 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 over which the Passamaquoddy Tribe has concurrent jurisdiction under 
this section does not bar a prosecution for a criminal offense, 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 Passamaquoddy Tribe has exclusive jurisdiction under this section. 
The 
determination of an issue of fact in a criminal or juvenile proceeding conducted in a 
Passamaquoddy 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 Passamaquoddy tribal forum. 
Sec. C-4. Contingent 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 Joint 
Tribal Council of the Passamaquoddy Tribe and that the tribe 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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT·;(} "to H.P. 571, L.D. 766 
become effective until 90 days after the adjournment of the First Regular Session of the 
129th Legislature. 
PARTD 
Sec. D-1. 25 MRSA §1544, first 1, as amended by PL 1985, c. 779, §67, is 
further amended to read: 
It shall be !§. the duty of all state, county, tribal and municipal law enforcement 
agencies, including those employees of the University of Maine System appointed to act 
as policemen law enforcement officers, to submit to the State Bureau of Identification 
uniform crime reports, to include such information as is necessary to establish a Criminal 
Justice Information System and to enable the commanding officer to comply with section 
1541, subsection 3. It shall be !§. the duty of the bureau to prescribe the form, general 
content, time and manner of submission of such uniform crime reports. The bureau shall 
correlate the reports submitted to it and shall compile and submit to the Governor and 
Legislature annual reports based on such reports. A The bureau shall furnish copy of such 
annual reports shall be furnished to all state, county. tribal and municipal law 
enforcement agencies. 
Sec. D-2. 
Authority and jurisdiction; legislation. 
The Joint Standing 
Committee on Judiciary may report out to the Second Regular Session of the 129th 
Legislature legislation that addresses the authority and jurisdiction of the Penobscot 
Nation and the Passamaquoddy Tribe to charge, prosecute and impose sentences for 
crimes other than Class D and Class E crimes consistent with the federal Violence 
Against Women Reauthorization Act of 2013 and the Tribal Law and Order Act of2010.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment provides authority for the Passamaquoddy Tribe and the Penobscot 
Nation to extend the jurisdiction of their respective tribal courts over certain criminal 
offenses committed by an individual, regardless of whether the individual is a member of 
a federally recognized Indian tribe. The criminal offenses are domestic violence offenses 
in the Maine Criminal Code and criminal violation of a protection from abuse order. The 
criminal offenses are Class D crimes, and the tribe's and nation's jurisdictions are 
concurrent with the State's jurisdiction for the crimes. 
The Joint Standing Committee on Judiciary has authority to report out legislation to 
the Second Regular Session of the 129th Legislature concerning the extension of tribal 
court jurisdiction to felony domestic violence offenses consistent with the federal 
Violence Against Women Reauthorization Act of 2013 and the Tribal Law and Order Act 
of 2010. 
The tribal courts are required to participate in uniform crime reporting by reporting 
certain information to the Department of Public Safety, State Bureau of Identification, 
and the bureau will share its annual reports with tribal law enforcement agencies. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A,, to H.P. 571, L.D. 766 
The changes to the Act To Implement the Maine Indian Claims Settlement included 
in the bill and this amendment do not take effect unless the tribes affected approve of the 
changes and certify their approval. 
COMMITTEE AMENDMENT