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Statute

Violence Against Women Act Reauthorization of 2022 (tribal provisions)

The 2022 Violence Against Women Act expanded tribal jurisdiction over non-Indians from domestic violence to a list of nine covered crimes.

Citation
Pub. L. 117-103, div. W, tit. VIII, sec. 804 (Mar. 15, 2022), 136 Stat. 898 (Consolidated Appropriations Act, 2022 begins at 136 Stat. 49); 25 U.S.C. 1304
Year
2022
Effect on land rights
advanced

What happened

The 2013 Violence Against Women Act let participating tribes prosecute non-Indians for a narrow set of domestic-violence crimes. The 2022 reauthorization, Public Law 117-103, signed March 15, 2022, broadened that power. Section 804 renamed the jurisdiction "special Tribal criminal jurisdiction" and changed the heading of section 204 of the Indian Civil Rights Act from "crimes of domestic violence" to "covered crimes."

The codified definition lists nine covered crimes: assault of tribal justice personnel, child violence, dating violence, domestic violence, obstruction of justice, sexual violence, sex trafficking, stalking, and violation of a protection order. The Act defines "assault of Tribal justice personnel" as force or threatened force against an individual acting for or serving the tribe in preventing, investigating, prosecuting or adjudicating a covered crime, or in detaining or supervising people charged or convicted.

The law also pays for it. It authorizes $25,000,000 for each of fiscal years 2023 through 2027, for reimbursements to tribes and for training, technical assistance, data collection and evaluation of the criminal justice systems of participating tribes. Of that sum, not more than 40 percent may go to reimbursements.

The Act also made Alaska tribes designated under a separate pilot (subtitle B of title VIII) eligible for reimbursement of their costs.

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. by striking ‘‘special domestic violence criminal jurisdiction’’ each place it appears and inserting ‘‘special Tribal criminal jurisdiction’’Violence Against Women Act Reauthorization Act of 2022, Pub. L. 117-103, div. W, tit. VIII, sec. 804, 136 Stat. 898
  2. (E) obstruction of justice ; (F) sexual violence ; (G) sex trafficking ; (H) stalking25 U.S.C. 1304, Tribal jurisdiction over covered crimes, Cornell LII
  3. There is authorized to be appropriated $25,000,000 for each of fiscal years 2023 through 202725 U.S.C. 1304, Tribal jurisdiction over covered crimes, Cornell LII
  4. not more than 40 percent shall be used for reimbursements25 U.S.C. 1304, Tribal jurisdiction over covered crimes, Cornell LII

Research notes. The Alaska provisions were seen only through references to subtitle B in the reimbursement text, not read in full; the record's Alaska pilot details were not confirmed. The record's own gloss ('including child violence, sexual violence, stalking, sex trafficking') matches the statute's list. How many tribes now exercise the authority was not examined. The statutory conditions on defendants' rights are not summarized.

Who is doing the work

Native legal and land defense, nationally

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Connections

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Doctrine applied 3

Policy era 1

Sources

  1. law.cornell.edu/uscode/text/25/1304legal text copy
Kind
Statute
Confidence
High
Notes
  • Some details not yet checked against a source

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