Federal

Kansas Indian Country Law Enforcement Improvement Act of 2023

Source: Congress.gov · 882 words in original text

What This Bill Does

This bill changes how Kansas can prosecute crimes on certain Indian reservations. Kansas can only take legal authority (jurisdiction) over these crimes if the tribe's governing body officially agrees in writing. The bill also allows Kansas, federal agencies and tribes to work together on law enforcement through written agreements.

Who It Affects

Law enforcement officers in Kansas and federal agencies, the governing bodies of four specific Indian Tribes, people accused of crimes on tribal reservations, and the U.S. Attorney General.

Key Provisions

• Kansas can only take legal authority over crimes on covered tribal reservations if the tribe's governing body gives official written consent through a certified tribal resolution or law filed with the Attorney General and published in the Federal Register (Sec. 3(b)) • Federal agencies, state and local Kansas governments, and tribal governing bodies can enter into written cooperative agreements to improve law enforcement and reduce crime in Indian country and nearby communities (Sec. 3(c)(1)) • Each cooperative agreement must allow law enforcement officers from one government to enforce the laws of other governments in the agreement, require crime reporting to appropriate agencies, and describe what geographic areas and types of crimes the state can handle within tribal reservations (Sec. 3(c)(2)) • The Attorney General must provide technical assistance to tribes when they request help developing these cooperative agreements (Sec. 3(c)(3)) • These changes do not apply to anyone arrested, prosecuted or convicted by Kansas before the law takes effect (Sec. 3(b))

What Changes

The law removes Kansas's automatic authority over tribal reservation crimes and requires tribal government approval first. Kansas, federal agencies and tribes can now create specific agreements that spell out what crimes Kansas can prosecute and where on the reservation it can do so.

Important Definitions

"Covered Indian Tribe" means the Iowa Tribe of Kansas and Nebraska, the Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas, the Prairie Band Potawatomi Nation, and the Sac & Fox Nation of Missouri in Kansas and Nebraska (Sec. 3(d))

Effective Date

90 days after the president signs this bill into law (Sec. 3(c))

I 118TH CONGRESS 1ST SESSION H. R. 1552 To amend title 18, United States Code, to require affirmative consent from the governing body of certain Indian Tribes for jurisdiction to be con- ferred on the State of Kansas over offenses committed on the reservations of such Indian Tribes, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 10, 2023 Mr. LATURNER (for himself, Mr. MANN, and Ms. DAVIDS of Kansas) intro- duced the following bill; which was referred to the Committee on the Ju- diciary A BILL To amend title 18, United States Code, to require affirmative consent from the governing body of certain Indian Tribes for jurisdiction to be conferred on the State of Kansas over offenses committed on the reservations of such In- dian Tribes, 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 ‘‘Kansas Indian Country 4 Law Enforcement Improvement Act of 2023’’. 5 VerDate Sep 11 2014 04:29 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1552.IH H1552 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 1552 IH SEC. 2. REPEAL OF ACT OF JUNE 8, 1940. 1 The Act of June 8, 1940 (54 Stat. 249; ch. 276) is 2 repealed. 3 SEC. 3. AMENDMENTS TO KANSAS JURISDICTION. 4 (a) AMENDMENTS.—Section 3243 of title 18, United 5 States Code, is amended— 6 (1) by striking ‘‘Jurisdiction is conferred’’ and 7 inserting the following: 8 ‘‘(a) IN GENERAL.—Jurisdiction is conferred’’; and 9 (2) by adding at the end the following: 10 ‘‘(b) EXCEPTION.—With respect to offenses com- 11 mitted on the reservation of a covered Indian Tribe, juris- 12 diction may only be conferred on the State of Kansas 13 under subsection (a) upon the affirmative consent of the 14 governing body of such covered Indian tribe, as reflected 15 by a certified official Tribal resolution or law filed with 16 the Attorney General which shall be effective upon publi- 17 cation in the Federal Register. 18 ‘‘(c) LAW ENFORCEMENT COOPERATIVE AGREE- 19 MENTS.— 20 ‘‘(1) Federal agencies and State and local gov- 21 ernments in Kansas may enter into cooperative 22 agreements or compacts with the governing bodies of 23 covered Indian Tribes for the purposes of improving 24 law enforcement effectiveness, reducing crime in In- 25 dian country and nearby communities, and devel- 26 VerDate Sep 11 2014 04:29 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1552.IH H1552 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 1552 IH oping successful cooperative relationships that effec- 1 tively combat crime in Indian country and nearby 2 communities. 3 ‘‘(2) Each cooperative agreement or compact 4 entered into pursuant to this subsection shall include 5 the following: 6 ‘‘(A) Authorization for the deputization of 7 law enforcement officers to enforce the laws of 8 one or more of the other governments party to 9 such cooperative agreement or compact. 10 ‘‘(B) Requirements for the reporting of 11 crimes occurring within Indian country covered 12 under such cooperative agreement or compact 13 to appropriate State, Federal, and Tribal law 14 enforcement entities. 15 ‘‘(C) If a covered Indian Tribe is party to 16 the cooperative agreement or compact, a de- 17 scription of— 18 ‘‘(i) the geographic limits within the 19 reservation of the covered Indian Tribe on 20 which the State may exercise criminal ju- 21 risdiction, if any; and 22 ‘‘(ii) the categories of criminal of- 23 fenses within the reservation of the covered 24 VerDate Sep 11 2014 04:29 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1552.IH H1552 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 1552 IH Indian Tribe over which the State may ex- 1 ercise jurisdiction, if any. 2 ‘‘(D) Other requirements under Federal 3 law. 4 ‘‘(3) The Attorney General shall, upon request 5 from the governing body of a covered Indian Tribe, 6 provide technical assistance in the development of 7 cooperative agreements or compacts under this sec- 8 tion. 9 ‘‘(d) COVERED INDIAN TRIBE DEFINED.—In this 10 section, the term ‘covered Indian Tribe’ means the fol- 11 lowing: 12 ‘‘(1) The Iowa Tribe of Kansas and Nebraska. 13 ‘‘(2) The Kickapoo Tribe of Indians of the 14 Kickapoo Reservation in Kansas. 15 ‘‘(3) The Prairie Band Potawatomi Nation. 16 ‘‘(4) The Sac & Fox Nation of Missouri in Kan- 17 sas and Nebraska.’’. 18 (b) RULE OF CONSTRUCTION.—The amendments 19 made by this Act shall not apply retroactively to any indi- 20 vidual arrested, prosecuted, or convicted by the State of 21 Kansas prior to the effective date under subsection (c). 22 VerDate Sep 11 2014 04:29 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1552.IH H1552 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 1552 IH (c) EFFECTIVE DATE.—The amendments made by 1 subsection (a) shall take effect on the date that is 90 days 2 after the date of the enactment of this Act. 3 Æ VerDate Sep 11 2014 04:29 Mar 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H1552.IH H1552 kjohnson on DSK79L0C42PROD with BILLS

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.