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Earlier this week the Senate Committee on Indian Affairs released this draft bill for comment.
Here are more details from NCAI:
This draft bill recognizes and strengthens concurrent tribal criminal jurisdiction to investigate, prosecute, convict, and sentence both Indians and non-Indians who assault Indian spouses, intimate partners, or dating partners, or who violate protection orders, in Indian country. The bill improves the ability of tribes to respond to sex trafficking and strengthens accountability, coordination and consultation with federal agencies.
The Committee is asking tribal leaders, advocates, and representatives to submit any comments or suggestions on the draft in writing by September 6, 2011, via email to comments@indian.senate.gov. Please contact Erik Stegman or Wendy Helgemo at 202-224-2251 with any questions.
Here. An excerpt:
The Department of Justice is awarding $246,172 to the Uniting Three Fires Against Violence (UTFAV) to hire new staff and establish a resource center. UTFAV will hire a new full-time outreach coordinator to provide assistance in developing appropriate programming in each of the tribal communities, hire a full-time resource center coordinator to collect and develop resource materials and develop a resource center to collect, develop and maintain information on domestic violence, sexual assault, stalking and dating violence to ensure that victims receive culturally appropriate services and make information available to women victimized by violence. UTFAV’s service area includes the twelve federally recognized tribes and programs providing victim assistance to women who have experienced domestic violence and sexual assault in the State of Michigan.
The Western District of Washington rejected a claim that the Violence Against Women Act confers tribal court jurisdiction over personal protection orders issued against non-Indians. In this case, Martinez v. Martinez, the Suquamish Tribal Court had issued a PPO against a non-Indian man in favor of an Alaskan Native woman. They both lived on non-Indian-owned land on the Port Madison Reservation. The court also ruled that the tribal court exhaustion doctrine does not apply in this case.
Here are the materials:
defendant-martinez-motion-to-dismiss
suquamish-tribe-motion-to-dismiss
plaintiff-martinez-response-to-motions