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House to consider VAWA with different jurisdiction provisions

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)

Related Stories:
Editorial: Congress must renew Violence Against Women Act (2/25)
Top GOP lawmaker doesn't think non-Indians will get fair trial (2/22)
GOP lawmakers introduce Violence Against Indian Women Act (2/21)
Tribal jurisdiction provisions of VAWA face questions in House (2/20)
Editorial: Close tribal jurisdiction loophole with VAWA update (2/19)
Rep. Tom Cole defends tribal jurisdiction provisions in VAWA (2/18)
Editorial: Congress must renew Violence Against Women Act (2/18)
NCAI President Keel calls on Congress to protect Indian women (2/15)
PRI: Professor Sarah Deer discusses tribal jurisdiction in VAWA (2/15)
Republican blames VAWA vote on tribal jurisdiction provisions (2/14)
Opinion: Tribal jurisdiction provision violates U.S. Constitution (2/14)
Tribes hail passage of VAWA with tribal jurisdiction provision (2/13)
Senate keeps tribal jurisdiction provisions in VAWA measure (2/12)
Senate set for vote on VAWA with tribal jurisdiction provisions (2/11)
Editorial: Reauthorize VAWA with tribal jurisdiction provisions (2/11)
Column: Failing to respond to violence against Native women (2/11)
Senate rejects alternative to VAWA without tribal jurisdiction (2/8)
Senate set to vote on VAWA with tribal jurisdiction provision (2/7)
White House backs tribal jurisdiction provisions in VAWA bill (2/5)
Frontline: Closing a loophole in VAWA to help Native women (2/5)
Ryan Dreveskracht: Tribal provisions of VAWA up for debate (2/5)
Opinion: The Violence Against Women Act is on life support (01/28)
Matt Remle: Violence against women, violence against earth (1/25)
Haley Elkins: Media goes silent on the failure to pass VAWA (1/24)
NCAI calls on Congress to pass Violence Against Women Act (01/24)

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