Violence Against Indian Women Act of 2013
Latest action · Apr 8, 2013 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 15, 2013
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Violence Against Indian Women Act of 2013 - Amends the Indian Civil Rights Act of 1968 to give Indian tribes criminal jurisdiction over domestic violence, dating violence, and violations of protective orders that occur on their lands. Makes that jurisdiction concurrent with federal and state jurisdiction.
Prohibits a tribe from exercising such jurisdiction if neither the defendant or alleged victim is an Indian, or the defendant lacks certain ties to the tribe.
Requires Indian tribes prosecuting those crimes to: (1) provide defendants the right to a trial by an impartial jury; and (2) notify detainees of their rights, including the right to file a writ of habeas corpus in federal court.
Authorizes the Attorney General to award grants to assist Indian tribes in exercising such jurisdiction, providing indigent defendants with free legal counsel, and securing the rights of victims of such crimes.
Authorizes appropriations for such grant program and to provide participating Indian tribes with training, technical assistance, data collection, and an evaluation of their criminal justice systems.
Authorizes defendants charged with domestic violence, dating violence, and violations of protective orders to petition the appropriate federal district court for the removal of their case from tribal court. Prohibits a case from being removed from tribal court unless a defendant proves by clear and convincing evidence that a constitutional right guaranteed under the Act has been violated, the tribal court has not adequately remedied the violation, and the violation is prejudicial to the defendant.
Authorizes and encourages U.S. Attorneys serving districts that include Indian country to appoint qualified tribal prosecutors as Special Assistant U.S. Attorneys to assist them in processing removal petitions and prosecuting crimes of domestic violence and dating violence in Indian country.
Cosponsors 17
Members who signed on, in the order they did. Signatures ran from Feb 15, 2013 to Feb 27, 2013, with 7 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-AZ | David Schweikert | Original | Feb 15, 2013 |
| R-CA | Jeff Denham | Original | Feb 15, 2013 |
| R-MN | John Kline | Original | Feb 15, 2013 |
| R-NV | Mark E. Amodei | Original | Feb 15, 2013 |
| R-ID | Michael K. Simpson | Original | Feb 15, 2013 |
| R-NC | Patrick T. McHenry | Original | Feb 15, 2013 |
| R-OK | Tom Cole | Original | Feb 15, 2013 |
| R-MI | Dan Benishek | Feb 25, 2013 | |
| R-CA | Doug LaMalfa | Feb 25, 2013 | |
| R-CA | Duncan Hunter | Feb 25, 2013 | |
| R-NC | Mark Meadows | Feb 25, 2013 | |
| R-OK | Markwayne Mullin | Feb 25, 2013 | |
| R-AZ | Paul A. Gosar | Feb 25, 2013 | |
| R-NC | Walter B. Jones | Feb 25, 2013 | |
| R-CA | David G. Valadao | Feb 26, 2013 |
Actions 4
Everything that happened, newest first.
- Apr 8, 2013Referred to the Subcommittee on Crime, Terrorism, Homeland Security, And Investigations.
- Mar 1, 2013Referred to the Subcommittee Indian and Alaska Native Affairs.
- Feb 15, 2013Introduced in House
- Feb 15, 2013Referred to the Committee on the Judiciary, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Subjects
Assigned by the Library of Congress. Policy area: Native Americans.
- Assault and harassment offenses
- Crimes against women
- Criminal investigation, prosecution, interrogation
- Criminal procedure and sentencing
- Department of Justice
- Domestic violence and child abuse
- Evidence and witnesses
- Federal-Indian relations
- Government employee pay, benefits, personnel management
- Jurisdiction and venue
- Law enforcement administration and funding
- Native Americans
- Sex offenses
- Violent crime
Text 1
Each version as it was printed, newest first.
- Feb 15, 2013Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.