Tribal jurisdiction provisions of VAWA face questions in House

Tribal jurisdiction provisions of VAWA face questions in House
Wednesday, February 20, 2013
Filed Under: Law | National | Politics
More on: 113th, crime. doj, house, jurisdiction, senate, tribal courts, vawa

The tribal jurisdiction provisions of S.47, a bill to reauthorize the Violence Against Women Act, face an uncertain future in House even after changes have been made to address concerns raised by Republicans.

Tribes can only exercise jurisdiction over non-Indians under certain conditions. The defendant must live in "Indian Country" or be employed in "Indian Country" or must be a partner of a tribal member of another Indian person who also resides in "Indian Country."

The term "Indian Country" is defined by Section 1151 of title 18 in the U.S. Code. Effectively that means Alaska Native villages can't prosecute non-Indians for domestic violence offenses

Tribal jurisdiction is limited to crimes of domestic violence, dating violence and violations of protection orders. Non-Indians will be afforded "all other rights whose protection is necessary under the Constitution of the United States in order for Congress to recognize and affirm the inherent power of the participating tribe to exercise special domestic violence criminal jurisdiction over the defendant," according to the bill.

If the provisions become law, tribes have to wait two years to exercise jurisdiction over non-Indians. But tribes can petition the Department of Justice for something earlier.

Get the Story:
Law would let tribes prosecute non-Indians’ domestic violence (The Seattle Times 2/20)