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US HR4154

US HR4154
SAVE Native Women Act


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

112th Congress

Bill Summary

Stand Against Violence and Empower Native Women Act or SAVE Native Women Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include sex trafficking as a target of the grants to Indian tribal governments to combat violent crime against Indian women. Allows those grants to be used to: (1) address the needs of youth who are victims of, or exposed to, domestic violence, dating violence, sexual assault, sex trafficking, or stalking; and (2) develop and promote best practices for responding to domestic violence, dating violence, sexual assault, sex trafficking, and stalking. Allows tribal coalition grants to be used to develop and promote state, local, and tribal legislation and policies that enhance best practices for responding to violent crimes against Indian women. Requires the Attorney General to award such grants annually to each tribal coalition that meets certain criteria under the Violence Against Women Act of 1994, is recognized by the Office on Violence Against Women, serves Indian tribes, and meets any additional criteria the Attorney General requires. Requires that tribal coalition grants also be provided to organizations that propose to incorporate and operate a tribal coalition in areas where Indian tribes are located but no tribal coalition exists. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to include the Secretary of the Interior, in addition to the Secretary of Health and Human Services (HHS) and the Attorney General, as a participant in consultations with Indian tribes regarding the administration of tribal funds and programs, enhancement of Indian women's safety, and federal response to violent crimes against Indian women. 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. 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. Amends the federal criminal code to give Indian courts civil jurisdiction to issue and enforce protection orders. Excludes Indian courts in Alaska from that jurisdiction, except with respect to the Metlakatla Indian Community, Annette Islands Reserve. Increases the maximum federal penalties for assault convictions. Subjects to specified criminal penalties any individuals who: (1) commit an assault resulting in substantial bodily injury to a spouse, intimate partner, or a dating partner; or (2) assault a spouse, intimate partner, or dating partner by strangling, suffocating, or attempting to strangle or suffocate. Makes federal felony assault penalties applicable to Indians. Subjects individuals convicted under tribal law of repeat domestic violence or stalking offenses to maximum federal penalty provisions for repeat offenders. Amends the Violence Against Women and Department of Justice Reauthorization Act of 2005 to require the National Institute of Justice to include women in Alaska Native Villages, Native Hawaiian women, and sex trafficking in its study of violence against Indian women. Reauthorizes appropriations for the national tribal sex offender registry and the tribal protection order registry. Directs the Attorney General to report to Congress on whether the Alaska Rural Justice and Law Enforcement Commission should be continued. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the grant program to encourage governmental entities to treat domestic violence, dating violence, sexual assault, and stalking as serious violations of criminal law. Allows those grants to be used to: (1) enforce protection orders across state and tribal lines; (2) develop training programs and best practices for responding to domestic violence, dating violence, sexual assault, and stalking; (3) develop, implement, or enhance sexual assault nurse or forensic examiner programs and Sexual Assault Response Teams; (4) implement human immunodeficiency virus testing programs; (5) address backlogs of sexual assault evidence collection kits; and (6) develop multidisciplinary high-risk teams focused on preventing domestic or dating violence homicides. Requires at least 25% of the grant funds to be used for projects that address sexual assault.

AI Summary

This bill, known as the SAVE Native Women Act, aims to combat violent crimes against Native American women by strengthening tribal governments' capacity to respond to and prosecute these crimes. It expands grant programs to include sex trafficking as a focus for combating violent crime against Indian women, allowing funds to support youth affected by various forms of violence and to develop best practices for response. The bill also allows tribal coalition grants to fund the development of legislation and policies that improve responses to these crimes, and it mandates annual grants to eligible tribal coalitions and organizations working to establish new coalitions. Furthermore, it includes the Secretary of the Interior in consultations with tribes regarding tribal funds, programs, and safety enhancements, and grants Indian tribes criminal jurisdiction over domestic violence, dating violence, and protective order violations on their lands, with this jurisdiction running alongside federal and state authority. The bill also authorizes grants to help tribes exercise this jurisdiction and provide legal counsel to indigent defendants, and it grants Indian courts civil jurisdiction to issue and enforce protection orders, with specific exceptions for Alaska. It increases federal penalties for assault, particularly strangulation or suffocation of intimate partners, and makes federal felony assault penalties applicable to Indians, while also subjecting those convicted of repeat tribal domestic violence or stalking offenses to federal repeat offender penalties. The bill also requires studies on violence against Indian women to include Alaska Native villages and Native Hawaiian women, reauthorizes national tribal registries, and directs a report on the Alaska Rural Justice and Law Enforcement Commission. Finally, it expands grant programs to encourage governmental entities to treat domestic violence, dating violence, sexual assault, and stalking as serious criminal matters, with funds usable for enforcing protection orders, developing training, enhancing sexual assault response programs, implementing HIV testing, addressing evidence kit backlogs, and forming multidisciplinary teams to prevent domestic violence homicides, with at least 25% of these funds dedicated to sexual assault projects.

Committee Categories

Government Affairs, Justice, Military Affairs and Security

Sponsors (21)

Last Action

Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (on 03/15/2012)

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