Maine LD 268: An Act Regarding the Penobscot Nation’s and Passamaquoddy Tribe’s Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010 and the Federal Violence Against Women Reauthorization Act of 2013

LD 268 (subjects: NATIVE AMERICANS , PENOBSCOT NATION )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=268&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Wayne T. Mitchell of the Penobscot Nation: (U – District 152) — e-mail

1 Cosponsors:

Actions

Chamber

Action
2/5/2015 House Committee on Judiciary suggested and ordered printed.
The Bill was REFERRED to the Committee on JUDICIARY.
Sent for concurrence. ORDERED SENT FORTHWITH.
2/10/2015 Senate On motion by Senator Burns of Washington, REFERRED to the Committee on Judiciary, in concurrence.
6/30/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 992. in concurrence
6/30/2015 House Carried over to any special and/or regular session of the 127th Legislature pursuant to Joint Order HP 992.
6/30/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 992. , in concurrence.
4/29/2016 House From the Committee on JUDICIARY.
Received by the Clerk of the House on April 28, 2016 pursuant to Joint Rule 309.
On motion of Representative McCABE of Skowhegan, TABLED pending FURTHER ACTION.
Later today assigned.
4/29/2016 House The Bill was in the possession of the House when the Legislature adjourned Sine Die and was placed in the Legislative Files. (DEAD)

Bill Text

.

An Act Regarding the Penobscot Nation’s and Passamaquoddy Tribe’s Authority To Exercise Jurisdiction under the Federal Tribal Law and Order Act of 2010 and the Federal Violence Against Women Reauthorization Act of 2013

Be it enacted by the People of the State of Maine as follows:

PART A

Sec. A-1. 30 MRSA 6206, sub- 3, as enacted by PL 1979, c. 732, 1 and 31, is amended to read:

3. Ordinances. The Passamaquoddy Tribe and the Penobscot Nation each shall have has the right to exercise exclusive jurisdiction within its respective Indian territory over violations by members of either tribe or nation of tribal ordinances adopted pursuant to this section or section 6207. The decision to exercise or terminate the jurisdiction authorized by this section shall must be made by each tribal governing body. Should If either tribe or nation choose chooses not to exercise, or to terminate its exercise of, jurisdiction as authorized by this section or section 6207, the State shall have has exclusive jurisdiction over violations of tribal ordinances by members of either tribe or nation within the Indian territory of that tribe or nation. The State shall have exclusive jurisdiction over violations of tribal ordinances by persons not members of either tribe or nation. The tribe and the nation each has jurisdiction within its respective territory over a person who is not a member of either tribe or nation in accord with and to the extent authorized by federal law.

Sec. A-2. Effective date; certification. This Part does not take effect unless, within 60 days of the adjournment of the First Regular Session of the 127th Legislature, the Secretary of State receives written certification by the Governor and Council of the Penobscot Nation and the Joint Tribal Council of the Passamaquoddy Tribe and that the nation and the tribe have agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes; except that in no event may this Part become effective until 90 days after the adjournment of the First Regular Session of the 127th Legislature.

PART B

Sec. B-1. 30 MRSA 6209-B, sub- 1, A, as amended by PL 1997, c. 595, 1 and affected by 2, is further amended to read:

A. Criminal offenses for which the maximum potential term of imprisonment does not exceed one year 3 years and the maximum potential fine does not exceed $5,000 $15,000 and that are committed on the Indian reservation of the Penobscot Nation by a member of any federally recognized Indian tribe, nation, band or other group, except when committed against a person who is not a member of any federally recognized Indian tribe, nation, band or other group or against the property of a person who is not a member of any federally recognized Indian tribe, nation, band or other group;

Sec. B-2. 30 MRSA 6209-B, sub- 4, as enacted by PL 1995, c. 388, 6 and affected by 8, is amended to read:

4. Double jeopardy, collateral estoppel. A prosecution for a criminal offense or juvenile crime over which the Penobscot Nation has exclusive jurisdiction under this section does not bar a prosecution for a criminal offense or juvenile crime, arising out of the same conduct, over which the State has exclusive jurisdiction. A prosecution for a criminal offense or juvenile crime over which the State has exclusive jurisdiction does not bar a prosecution for a criminal offense or juvenile crime, arising out of the same conduct, over which the Penobscot Nation has exclusive jurisdiction under this section. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a tribal forum does not constitute collateral estoppel in a criminal or juvenile proceeding conducted in a state court. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a state court does not constitute collateral estoppel in a criminal or juvenile proceeding conducted in a tribal forum. For purposes of this subsection, the Penobscot Nation has concurrent jurisdiction with the State over a criminal offense as authorized by 25 United States Code, Section 1304 or successor provision.

Sec. B-3. Effective date; certification. This Part does not take effect unless, within 60 days of the adjournment of the First Regular Session of the 127th Legislature, the Secretary of State receives written certification by the Governor and Council of the Penobscot Nation that the nation has agreed to the provisions of this Part pursuant to 25 United States Code, Section 1725(e), copies of which must be submitted by the Secretary of State to the Secretary of the Senate, the Clerk of the House of Representatives and the Revisor of Statutes; except that in no event may this Part become effective until 90 days after the adjournment of the First Regular Session of the 127th Legislature.

summary

This bill amends the Act To Implement the Maine Indian Claims Settlement by:

1. Transferring jurisdiction over violations of a tribal ordinance from the State to the Passamaquoddy Tribe and the Penobscot Nation over a person who is not a member of either tribe or nation in accord with and to the extent authorized by federal law;

2. Increasing the level of certain criminal offenses from a maximum period of imprisonment of one year and a maximum amount of $5,000 to a maximum period of imprisonment of 3 years and a maximum amount of $15,000 over which the Penobscot Nation has the right to exercise exclusive jurisdiction as authorized by the federal Tribal Law and Order Act of 2010; and

3. Clarifying that the Penobscot Nation has concurrent jurisdiction with the State over criminal offenses as authorized by the federal Violence Against Women Reauthorization Act of 2013.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 268:


This information about LD 268 was last updated on 2016-05-12.
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