Justice for Native Survivors of Sexual Violence Act

II 116TH CONGRESS 1ST SESSION S. 288 To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 31, 2019 Ms. SMITH (for herself, Ms. MURKOWSKI, and Mr. UDALL) introduced the fol- lowing bill; which was read twice and referred to the Committee on In- dian Affairs A BILL To amend the Indian Civil Rights Act of 1968 to extend the jurisdiction of tribal courts to cover crimes involving sexual violence, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Justice for Native Sur- 4 vivors of Sexual Violence Act’’. 5 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 2 •S 288 IS SEC. 2. TRIBAL JURISDICTION OVER CRIMES OF DOMES- 1 TIC, DATING, OR SEXUAL VIOLENCE, SEX 2 TRAFFICKING, OR STALKING. 3 Section 204 of Public Law 90–284 (25 U.S.C. 1304) 4 (commonly known as the ‘‘Indian Civil Rights Act of 5 1968’’) is amended— 6 (1) in the section heading, by striking ‘‘DO- 7 MESTIC VIOLENCE’’ and inserting ‘‘DOMESTIC, 8 DATING, OR SEXUAL VIOLENCE, SEX TRAF- 9 FICKING, OR STALKING’’; 10 (2) in subsection (a)— 11 (A) in paragraph (1), by striking ‘‘means 12 violence’’ and inserting ‘‘includes any violation 13 of the criminal law of the Indian tribe that has 14 jurisdiction over the Indian country where the 15 violation occurs that is’’; 16 (B) in paragraph (2)— 17 (i) by striking ‘‘means violence’’ and 18 inserting ‘‘includes any violation of the 19 criminal law of the Indian tribe that has 20 jurisdiction over the Indian country where 21 the violation occurs that is’’; and 22 (ii) by striking ‘‘an Indian tribe that 23 has jurisdiction over the Indian country 24 where the violence occurs’’ and inserting 25 ‘‘that Indian tribe’’; 26 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 3 •S 288 IS (C) in paragraph (4), by striking ‘‘domes- 1 tic violence’’ and inserting ‘‘tribal’’; 2 (D) by redesignating paragraphs (6) and 3 (7) as paragraphs (9) and (10), respectively; 4 (E) by inserting after paragraph (5) the 5 following: 6 ‘‘(6) RELATED CONDUCT.—The term ‘related 7 conduct’ means conduct alleged to have been com- 8 mitted by a defendant that— 9 ‘‘(A) is a violation of the criminal law of 10 the Indian tribe that has jurisdiction over the 11 Indian country where the underlying offense oc- 12 curred; and 13 ‘‘(B) occurs in connection with the exercise 14 of special tribal criminal jurisdiction by that In- 15 dian tribe. 16 ‘‘(7) SEX TRAFFICKING.— 17 ‘‘(A) IN GENERAL.—The term ‘sex traf- 18 ficking’ means conduct— 19 ‘‘(i) consisting of— 20 ‘‘(I) recruiting, enticing, har- 21 boring, transporting, providing, ob- 22 taining, advertising, maintaining, pa- 23 tronizing, or soliciting by any means a 24 person; or 25 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 4 •S 288 IS ‘‘(II) benefiting, financially or by 1 receiving anything of value, from par- 2 ticipation in a venture that has en- 3 gaged in an act described in subclause 4 (I); and 5 ‘‘(ii) carried out with the knowledge, 6 or, except where the act constituting the 7 violation of clause (i) is advertising, in 8 reckless disregard of the fact, that— 9 ‘‘(I) means of force, threats of 10 force, fraud, coercion, or any combina- 11 tion of such means will be used to 12 cause the person to engage in a com- 13 mercial sex act; or 14 ‘‘(II) the person has not attained 15 the age of 18 years and will be caused 16 to engage in a commercial sex act. 17 ‘‘(B) DEFINITIONS.—In this paragraph, 18 the terms ‘coercion’ and ‘commercial sex act’ 19 have the meanings given the terms in section 20 1591(e) of title 18, United States Code. 21 ‘‘(8) SEXUAL VIOLENCE.—The term ‘sexual vio- 22 lence’ means any nonconsensual sexual act or con- 23 tact proscribed by Federal, tribal, or State law, in- 24 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 5 •S 288 IS cluding in any case in which the victim lacks the ca- 1 pacity to consent to the act.’’; 2 (F) in paragraph (9) (as redesignated by 3 subparagraph (D))— 4 (i) in the paragraph heading, by strik- 5 ing ‘‘DOMESTIC VIOLENCE’’ and inserting 6 ‘‘TRIBAL’’; and 7 (ii) by striking ‘‘domestic violence’’ 8 and inserting ‘‘tribal’’; and 9 (G) by adding at the end the following: 10 ‘‘(11) STALKING.—The term ‘stalking’ means 11 engaging in a course of conduct directed at a spe- 12 cific person that would cause a reasonable person— 13 ‘‘(A) to fear for his or her safety or the 14 safety of others; or 15 ‘‘(B) to suffer substantial emotional dis- 16 tress.’’; 17 (3) in subsection (b)— 18 (A) by striking ‘‘domestic violence’’ each 19 place the term appears and inserting ‘‘tribal’’; 20 and 21 (B) in paragraph (4)— 22 (i) by striking subparagraph (B); 23 (ii) by striking the paragraph designa- 24 tion and heading and all that follows 25 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 6 •S 288 IS through ‘‘A participating’’ in clause (i) of 1 subparagraph (A) and inserting the fol- 2 lowing: 3 ‘‘(4) EXCEPTION FOR NON-INDIAN VICTIM AND 4 DEFENDANT.— 5 ‘‘(A) IN GENERAL.—A participating’’; and 6 (iii) by striking ‘‘(ii) DEFINITION OF 7 VICTIM.—In this subparagraph’’ and in- 8 serting the following: 9 ‘‘(B) DEFINITION OF VICTIM.—In this 10 paragraph’’; 11 (4) in subsection (c)— 12 (A) in the matter preceding paragraph (1), 13 by striking ‘‘domestic violence’’ and inserting 14 ‘‘tribal’’; 15 (B) in paragraph (1)— 16 (i) in the paragraph heading, by strik- 17 ing ‘‘VIOLENCE AND DATING’’ and insert- 18 ing ‘‘, DATING, AND SEXUAL’’; and 19 (ii) by striking ‘‘or dating violence’’ 20 and inserting ‘‘, dating violence, or sexual 21 violence’’; and 22 (C) by adding at the end the following: 23 ‘‘(3) STALKING.—An act of stalking that occurs 24 in the Indian country of the participating tribe. 25 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 7 •S 288 IS ‘‘(4) SEX TRAFFICKING.—An act of sex traf- 1 ficking that occurs in the Indian country of the par- 2 ticipating tribe. 3 ‘‘(5) RELATED CONDUCT.—An act of related 4 conduct that occurs in the Indian country of the 5 participating tribe.’’; 6 (5) in subsection (d), by striking ‘‘domestic vio- 7 lence’’ each place the term appears and inserting 8 ‘‘tribal’’; and 9 (6) in subsection (f)— 10 (A) by striking ‘‘special domestic violence’’ 11 each place the term appears and inserting ‘‘spe- 12 cial tribal’’; 13 (B) in paragraph (2), by striking ‘‘pros- 14 ecutes’’ and all that follows through the semi- 15 colon at the end and inserting the following: 16 ‘‘prosecutes— 17 ‘‘(A) a crime of domestic violence; 18 ‘‘(B) a crime of dating violence; 19 ‘‘(C) a crime of sexual violence; 20 ‘‘(D) a criminal violation of a protection 21 order; 22 ‘‘(E) a crime of stalking; 23 ‘‘(F) a crime of sex trafficking; or 24 ‘‘(G) a crime of related conduct;’’; and 25 VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS 8 •S 288 IS (C) in paragraph (4), by inserting ‘‘sexual 1 violence, stalking, sex trafficking,’’ after ‘‘dat- 2 ing violence,’’. 3 Æ VerDate Sep 11 2014 04:24 Feb 08, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S288.IS S288 kjohnson on DSK79L0C42 with BILLS