Stand Against Violence and Empower Native Women Act
A BILL
To decrease the incidence of violent crimes against Indian women, to strengthen the capacity of Indian tribes to exercise the sovereign authority of Indian tribes to respond to violent crimes committed against Indian women, and to ensure that perpetrators of violent crimes committed against Indian women are held accountable for that criminal behavior, and for other purposes.
2. Grants to Indian tribal governments
“(9) provide services to address the needs of youth who are victims of domestic violence, dating violence, sexual assault, sex trafficking, or stalking and the needs of youth and children exposed to domestic violence, dating violence, sexual assault, or stalking, including support for the nonabusing parent or the caretaker of the youth or child; and
“(10) develop and promote legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking.”
3. Grants to Indian tribal coalitions
“(d) Tribal coalition grants
“(1) Purpose—The Attorney General shall award a grant to tribal coalitions for purposes of—
“(A) increasing awareness of domestic violence and sexual assault against Indian women;
“(B) enhancing the response to violence against Indian women at the Federal, State, and tribal levels;
“(C) identifying and providing technical assistance to coalition membership and tribal communities to enhance access to essential services to Indian women victimized by domestic and sexual violence, including sex trafficking; and
“(D) assisting Indian tribes in developing and promoting State, local, and tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women, including the crimes of domestic violence, dating violence, sexual assault, sex trafficking, and stalking.
“(2) Grants—The Attorney General shall award grants on an annual basis under paragraph (1) to—
“(A) each tribal coalition that—
“(i) meets the criteria of a tribal coalition under section 40002(a) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a));
“(ii) is recognized by the Office on Violence Against Women;
“(iii) provides services to Indian tribes; and
“(iv) meets any additional criteria the Attorney General may require; and
“(B) organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes are located but no tribal coalition exists.
“(3) Use of amounts—For each of fiscal years 2014 through 2018, of the amounts appropriated to carry out this subsection—
“(A) not more than 10 percent shall be made available to organizations described in paragraph (2)(B), provided that 1 or more organizations determined by the Attorney General to be qualified apply; and
“(B) not less than 90 percent shall be made available to tribal coalitions described in paragraph (2)(A), which amounts shall be distributed equally among each eligible tribal coalition for the applicable fiscal year.
“(4) Eligibility for other grants—Receipt of an award under this subsection by a tribal coalition shall not preclude the tribal coalition from receiving additional grants under this title to carry out the purposes described in paragraph (1).
“(5) Multiple purpose applications—Nothing in this subsection prohibits any tribal coalition or organization described in paragraph (2) from applying for funding to address sexual assault or domestic violence needs in the same application.”
4. Consultation
“(c) Annual report—The Attorney General shall submit to Congress an annual report on the annual consultations required under subsection (a) that—
“(1) contains the recommendations made under subsection (b) by Indian tribes during the year covered by the report;
“(2) describes actions taken during the year covered by the report to respond to recommendations made under subsection (b) during the year or a previous year; and
“(3) describes how the Attorney General will work in coordination and collaboration with Indian tribes, the Secretary of Health and Human Services, and the Secretary of the Interior to address the recommendations made under subsection (b).
“(d) Notice—Not later than 120 days before the date of a consultation under subsection (a), the Attorney General shall notify tribal leaders of the date, time, and location of the consultation.”
5. Tribal jurisdiction over crimes of domestic violence
“204. Tribal jurisdiction over crimes of domestic violence
“(a) Definitions—In this section:
“(1) Dating violence—The term dating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim, as determined by the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
“(2) Domestic violence—The term domestic violence means violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or by a person similarly situated to a spouse of the victim under the domestic- or family- violence laws of an Indian tribe that has jurisdiction over the Indian country where the violence occurs.
“(3) Indian country—The term Indian country has the meaning given the term in section 1151 of title 18, United States Code.
“(4) Participating tribe—The term participating tribe means an Indian tribe that elects to exercise special domestic violence criminal jurisdiction over the Indian country of that Indian tribe.
“(5) Protection order—The term protection order—
“(A) means any injunction, restraining order, or other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person; and
“(B) includes any temporary or final order issued by a civil or criminal court, whether obtained by filing an independent action or as a pendent lite order in another proceeding, if the civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
“(6) Special domestic violence criminal jurisdiction—The term special domestic violence criminal jurisdiction means the criminal jurisdiction that a participating tribe may exercise under this section but could not otherwise exercise.
“(7) Spouse or intimate partner—The term spouse or intimate partner has the meaning given the term in section 2266 of title 18, United States Code.
“(b) Nature of the criminal jurisdiction
“(1) In general—Notwithstanding any other provision of law, in addition to all powers of self-government recognized and affirmed by sections 201 and 203, the powers of self-government of a participating tribe include the inherent power of that tribe, which is hereby recognized and affirmed, to exercise special domestic violence criminal jurisdiction over all persons.
“(2) Concurrent jurisdiction—The exercise of special domestic violence criminal jurisdiction by a participating tribe shall be concurrent with the jurisdiction of the United States, of a State, or of both.
“(3) Applicability—Nothing in this section—
“(A) creates or eliminates any Federal or State criminal jurisdiction over Indian country;
“(B) affects the authority of the United States or any State government that has been delegated authority by the United States to investigate and prosecute a criminal violation in Indian country;
“(C) shall apply to an Indian tribe in the State of Alaska, except with respect to the Metlakatla Indian Community, Annette Islands Reserve; or
“(D) shall limit, alter, expand, or diminish the civil or criminal jurisdiction of the State of Alaska or any subdivision of the State of Alaska.
“(c) Criminal conduct—A participating tribe may exercise special domestic violence criminal jurisdiction over a defendant for criminal conduct that falls into one or more of the following categories:
“(1) Domestic violence and dating violence—An act of domestic violence or dating violence that occurs in the Indian country of the participating tribe.
“(2) Violations of protection orders—An act that—
“(A) occurs in the Indian country of the participating tribe; and
“(B) violates the portion of a protection order that—
“(i) prohibits or provides protection against violent or threatening acts or harassment against, sexual violence against, contact or communication with, or physical proximity to, another person;
“(ii) was issued against the defendant;
“(iii) is enforceable by the participating tribe; and
“(iv) is consistent with section 2265(b) of title 18, United States Code.
“(d) Dismissal of certain cases
“(1) Definition of victim—In this subsection and with respect to a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction based on a criminal violation of a protection order, the term victim means a person specifically protected by a protection order that the defendant allegedly violated.
“(2) Non-Indian victims and defendants—In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the case shall be dismissed if—
“(A) the defendant files a pretrial motion to dismiss on the grounds that the alleged offense did not involve an Indian; and
“(B) the participating tribe fails to prove that the defendant or an alleged victim is an Indian.
“(3) Ties to Indian tribe—In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the case shall be dismissed if—
“(A) the defendant files a pretrial motion to dismiss on the grounds that the defendant and the alleged victim lack sufficient ties to the Indian tribe; and
“(B) the prosecuting tribe fails to prove that the defendant or an alleged victim—
“(i) resides in the Indian country of the participating tribe;
“(ii) is employed in the Indian country of the participating tribe; or
“(iii) is a spouse or intimate partner of a member of the participating tribe.
“(4) Waiver—A knowing and voluntary failure of a defendant to file a pretrial motion described in paragraph (2) or (3) shall be considered a waiver of the right to seek a dismissal under this subsection.
“(e) Rights of defendants—In a criminal proceeding in which a participating tribe exercises special domestic violence criminal jurisdiction, the participating tribe shall provide to the defendant—
“(1) all applicable rights under this Act;
“(2) if a term of imprisonment of any length is imposed, all rights described in section 202(c); and
“(3) 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.
“(f) Petitions To stay detention
“(1) In general—A person who has filed a petition for a writ of habeas corpus in a court of the United States under section 203 may petition that court to stay further detention of that person by the participating tribe.
“(2) Grant of stay—A court shall grant a stay described in paragraph (1) if the court—
“(A) finds that there is a substantial likelihood that the habeas corpus petition will be granted; and
“(B) after giving each alleged victim in the matter an opportunity to be heard, finds by clear and convincing evidence that under conditions imposed by the court, the petitioner is not likely to flee or pose a danger to any person or the community if released.
“(g) Grants to tribal governments—The Attorney General may award grants to the governments of Indian tribes (or to authorized designees of those governments)—
“(1) to strengthen tribal criminal justice systems to assist Indian tribes in exercising special domestic violence criminal jurisdiction, including—
“(A) law enforcement (including the capacity of law enforcement or court personnel to enter information into and obtain information from national crime information databases);
“(B) prosecution;
“(C) trial and appellate courts;
“(D) probation systems;
“(E) detention and correctional facilities;
“(F) alternative rehabilitation centers;
“(G) culturally appropriate services and assistance for victims and their families; and
“(H) criminal codes and rules of criminal procedure, appellate procedure, and evidence;
“(2) to provide indigent criminal defendants with the effective assistance of licensed defense counsel, at no cost to the defendant, in criminal proceedings in which a participating tribe prosecutes a crime of domestic violence or dating violence or a criminal violation of a protection order;
“(3) to ensure that, in criminal proceedings in which a participating tribe exercises special domestic violence criminal jurisdiction, jurors are summoned, selected, and instructed in a manner consistent with all applicable requirements; and
“(4) to accord victims of domestic violence, dating violence, and violations of protection orders rights that are similar to the rights of a crime victim described in section 3771(a) of title 18, United States Code, consistent with tribal law and custom.
“(h) Supplement, not supplant—Amounts made available under this section shall supplement and not supplant any other Federal, State, tribal, or local government amounts made available to carry out activities described in this section.
“(i) Authorization of appropriations—There are authorized to be appropriated $5,000,000 for each of fiscal years 2014 through 2018 to carry out subsection (g) and to provide training, technical assistance, data collection, and evaluation of the criminal justice systems of participating tribes.”
6. Tribal protection orders
“(e) Tribal court jurisdiction
“(1) In general—Except as provided in paragraph (2), for purposes of this section, a court of an Indian tribe shall have full civil jurisdiction to issue and enforce protection orders involving any person, including the authority to enforce any orders through civil contempt proceedings, to exclude violators from Indian land, and to use other appropriate mechanisms, in matters arising anywhere in the Indian country of the Indian tribe (as defined in section 1151) or otherwise within the authority of the Indian tribe.
“(2) Applicability—Paragraph (1)—
“(A) shall not apply to an Indian tribe in the State of Alaska, except with respect to the Metlakatla Indian Community, Annette Islands Reserve; and
“(B) shall not limit, alter, expand, or diminish the civil or criminal jurisdiction of the State of Alaska or any subdivision of the State of Alaska.”
7. Amendments to the Federal assault statute
“(1) Assault with intent to commit murder or a violation of section 2241 or 2242, by a fine under this title, imprisonment for not more than 20 years, or both.”
“(8) Assault of a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate, by a fine under this title, imprisonment for not more than 10 years, or both.”
“(b) Definitions—In this section—”
“(3) the terms dating partner and spouse or intimate partner have the meanings given those terms in section 2266;
“(4) the term strangling means intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of a person by applying pressure to the throat or neck, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim; and
“(5) the term suffocating means intentionally, knowingly, or recklessly impeding the normal breathing of a person by covering the mouth of the person, the nose of the person, or both, regardless of whether that conduct results in any visible injury or whether there is any intent to kill or protractedly injure the victim.”
8. Analysis and research on violence against Indian women
“(vi) sex trafficking.”
9. Indian law and order commission
10. Report on Alaska Rural Justice and Law Enforcement Commission
11. Grants to encourage arrest policies and enforcement of protection orders
“(14) To develop and implement training programs for prosecutors and other prosecution-related personnel regarding best practices to ensure offender accountability, victim safety, and victim consultation in cases involving domestic violence, dating violence, sexual assault, and stalking.
“(15) To develop or strengthen policies, protocols, and training for law enforcement, prosecutors, and the judiciary in recognizing, investigating, and prosecuting instances of domestic violence, dating violence, sexual assault, and stalking against immigrant victims, including the appropriate use of applications for nonimmigrant status under subparagraphs (T) and (U) of section 101(a)(15) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)).
“(16) To develop and promote State, local, or tribal legislation and policies that enhance best practices for responding to the crimes of domestic violence, dating violence, sexual assault, and stalking, including the appropriate treatment of victims.
“(17) To develop, implement, or enhance sexual assault nurse examiner programs or sexual assault forensic examiner programs, including the hiring and training of such examiners.
“(18) To develop, implement, or enhance Sexual Assault Response Teams or similar coordinated community responses to sexual assault.
“(19) To develop and strengthen policies, protocols, and training for law enforcement officers and prosecutors regarding the investigation and prosecution of sexual assault cases and the appropriate treatment of victims.
“(20) To provide human immunodeficiency virus testing programs, counseling, and prophylaxis for victims of sexual assault.
“(21) To identify and inventory backlogs of sexual assault evidence collection kits and to develop protocols for responding to and addressing such backlogs, including policies and protocols for notifying and involving victims.
“(22) To develop multidisciplinary high-risk teams focusing on reducing domestic violence and dating violence homicides by—
“(A) using evidence-based indicators to assess the risk of homicide and link high-risk victims to immediate crisis intervention services;
“(B) identifying and managing high-risk offenders; and
“(C) providing ongoing victim advocacy and referrals to comprehensive services including legal, housing, health care, and economic assistance.”
“(1) States”
“(2) a State, tribal, or territorial domestic violence or sexual assault coalition or a victim service provider that partners with a State, Indian tribal government, or unit of local government that certifies that the State, Indian tribal government, or unit of local government meets the requirements under paragraph (1).”
“(f) Allocation for tribal coalitions—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 5 percent shall be available for grants under section 2001(d) (42 U.S.C. 3796gg(d)).
“(g) Allocation for sexual assault—Of the amounts appropriated for purposes of this part for each fiscal year, not less than 25 percent shall be available for projects that address sexual assault, including stranger rape, acquaintance rape, alcohol or drug-facilitated rape, and rape within the context of an intimate partner relationship.”