House to consider VAWA with different jurisdiction provisions

House to consider VAWA with different jurisdiction provisions
Monday, February 25, 2013
Filed Under: Law | National | Politics
More on: 113th, crime, doj, house, jurisdiction, ncai, republicans, senate, tribal court, vawa, women

Republicans in the House are fast-tracking a version of the Violence Against Women Act with tribal jurisdiction provisions that differ from the bill that passed the Senate.

The bill recognizes tribal jurisdiction over non-Indians who commit domestic violence offenses on reservations. However, it requires the Department of Justice to certify whether a tribe can protect the constitutional rights of defendants.

The bill "affords a series of procedural rights to a non-Indian defendant including: (1) the right to remove the case to federal district court for a violation of a constitutional or federal statutory right or a violation of this section; (2) the right to seek interlocutory appeal to federal district court of an order of the tribal court; (3) the right to direct appeal of a final judgment of the tribal court to federal district court; (4) the right to seek release from custody pending appeal; and (5) the right to seek habeas relief in federal district court," according to an analysis of the measure.

The National Congress of American Indians denounced the bill. Executive director Jacqueline Pata said it doesn't even come "close" to S.47, the version that passed the Senate.

"And actually, in some areas the House language rolls back existing laws that protect Native women," Pata said in a press release, referring to provisions affecting protection orders.

The House Rules Committee will consider the bill at a meeting tomorrow at 3pm. The session will be webcast.

The bill could go for a full House vote on Wednesday or Thursday.

Get the Story:
House to take up own version of anti-violence act, drawing Senate criticism (AP 2/22)
House G.O.P. Offers Violence Act With Fewer Specific Protections (The New York Times 2/22)
House GOP Unveils Competing Violence Against Women Act (Talking Points Memo 2/22)

Committee Notice:
S. 47—Violence Against Women Reauthorization Act of 2013 (February 26, 2013)