[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3216 Introduced in Senate (IS)]
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115th CONGRESS
2d Session
S. 3216
To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction
of tribal courts to cover crimes involving sexual violence, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 16, 2018
Ms. Smith (for herself, Ms. Murkowski, and Mr. Udall) introduced the
following bill; which was read twice and referred to the Committee on
Indian Affairs
_______________________________________________________________________
A BILL
To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction
of tribal courts to cover crimes involving sexual violence, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice for Native Survivors of
Sexual Violence Act''.
SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMESTIC, DATING, OR SEXUAL
VIOLENCE, SEX TRAFFICKING, OR STALKING.
Section 204 of Public Law 90-284 (25 U.S.C. 1304) (commonly known
as the ``Indian Civil Rights Act of 1968'') is amended--
(1) in the section heading, by striking ``domestic
violence'' and inserting ``domestic, dating, or sexual
violence, sex trafficking, or stalking'';
(2) in subsection (a)--
(A) in paragraph (1), by striking ``means
violence'' and inserting ``includes any felony or
misdemeanor violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian country
where the violation occurs that is'';
(B) in paragraph (2)--
(i) by striking ``means violence'' and
inserting ``includes any felony or misdemeanor
violation of the criminal law of the Indian
tribe that has jurisdiction over the Indian
country where the violation occurs that is'';
and
(ii) by striking ``an Indian tribe that has
jurisdiction over the Indian country where the
violence occurs'' and inserting ``that Indian
tribe'';
(C) in paragraph (4), by striking ``domestic
violence'' and inserting ``tribal'';
(D) by redesignating paragraphs (6) and (7) as
paragraphs (9) and (10), respectively;
(E) by inserting after paragraph (5) the following:
``(6) Related conduct.--The term `related conduct' means
conduct alleged to have been committed by a defendant that--
``(A) is a violation of the criminal law of the
Indian tribe that has jurisdiction over the Indian
country where the underlying offense occurred; and
``(B) occurs in connection with the exercise of
special tribal criminal jurisdiction by that Indian
tribe.
``(7) Sex trafficking.--
``(A) In general.--The term `sex trafficking' means
conduct--
``(i) consisting of--
``(I) recruiting, enticing,
harboring, transporting, providing,
obtaining, advertising, maintaining,
patronizing, or soliciting by any means
a person; or
``(II) benefiting, financially or
by receiving anything of value, from
participation in a venture that has
engaged in an act described in
subclause (I); and
``(ii) carried out with the knowledge, or,
except where the act constituting the violation
of clause (i) is advertising, in reckless
disregard of the fact, that--
``(I) means of force, threats of
force, fraud, coercion, or any
combination of such means will be used
to cause the person to engage in a
commercial sex act; or
``(II) the person has not attained
the age of 18 years and will be caused
to engage in a commercial sex act.
``(B) Definitions.--In this paragraph, the terms
`coercion' and `commercial sex act' have the meanings
given the terms in section 1591(e) of title 18, United
States Code.
``(8) Sexual violence.--The term `sexual violence' means
any nonconsensual sexual act or contact proscribed by Federal,
tribal, or State law, including in any case in which the victim
lacks the capacity to consent to the act.'';
(F) in paragraph (9) (as redesignated by
subparagraph (D))--
(i) in the paragraph heading, by striking
``domestic violence'' and inserting ``tribal'';
and
(ii) by striking ``domestic violence'' and
inserting ``tribal''; and
(G) by adding at the end the following:
``(11) Stalking.--The term `stalking' means engaging in a
course of conduct directed at a specific person that would
cause a reasonable person--
``(A) to fear for his or her safety or the safety
of others; or
``(B) to suffer substantial emotional distress.'';
(3) in subsection (b)--
(A) by striking ``domestic violence'' each place
the term appears and inserting ``tribal''; and
(B) in paragraph (4)--
(i) by striking subparagraph (B);
(ii) by striking the paragraph designation
and heading and all that follows through ``A
participating'' in clause (i) of subparagraph
(A) and inserting the following:
``(4) Exception for non-indian victim and defendant.--
``(A) In general.--A participating''; and
(iii) by striking ``(ii) Definition of
victim.--In this subparagraph'' and inserting
the following:
``(B) Definition of victim.--In this paragraph'';
(4) in subsection (c)--
(A) in the matter preceding paragraph (1), by
striking ``domestic violence'' and inserting
``tribal'';
(B) in paragraph (1)--
(i) in the paragraph heading, by striking
``violence and dating'' and inserting ``,
dating, and sexual''; and
(ii) by striking ``or dating violence'' and
inserting ``, dating violence, or sexual
violence''; and
(C) by adding at the end the following:
``(3) Stalking.--An act of stalking that occurs in the
Indian country of the participating tribe.
``(4) Sex trafficking.--An act of sex trafficking that
occurs in the Indian country of the participating tribe.
``(5) Related conduct.--An act of related conduct that
occurs in the Indian country of the participating tribe.'';
(5) in subsection (d), by striking ``domestic violence''
each place the term appears and inserting ``tribal''; and
(6) in subsection (f)--
(A) by striking ``special domestic violence'' each
place the term appears and inserting ``special
tribal'';
(B) in paragraph (2), by striking ``prosecutes''
and all that follows through the semicolon at the end
and inserting the following: ``prosecutes--
``(A) a crime of domestic violence;
``(B) a crime of dating violence;
``(C) a crime of sexual violence;
``(D) a criminal violation of a protection order;
``(E) a crime of stalking;
``(F) a crime of sex trafficking; or
``(G) a crime of related conduct;''; and
(C) in paragraph (4), by inserting ``sexual
violence, stalking, sex trafficking,'' after ``dating
violence,''.
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