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Bingaman: President Signs Law That Strengthens Tribal Law Enforcement Print Share

Thursday, July 29, 2010

WASHINGTON – U.S. Senator Jeff Bingaman today applauded the signing of the Tribal Law and Order Act into law.  The new law extends additional resources and support to tribal law enforcement agencies in Indian Country.

Specifically, the law will provide access to funding and will give tribal law enforcement and justice systems additional tools to combat crimes that occur on tribal lands.  Combating crime on tribal land has presented significant challenges for law enforcement due to jurisdictional problems and limited sentencing authorities, among other factors.

"This new law establishes strong relationships between tribal and federal law enforcement, uniting these entities in an effort to guarantee justice in Indian Country," Bingaman said.

The major provisions of the law are:

3 Year Sentencing by Tribal Courts – Tribal Courts will have the option to a maximum sentencing of three years (instead of the previous limit of one); better able to provide justice to victims of the tribal communities.

Access to Criminal Records – Tribal police will now have access to criminal history records from the National Crime Information Center (NCIC) to ensure officers will have background information of detained individuals.

Domestic and Sexual Violence – All tribal and federal officers serving Indian country will be required to enroll in training on how to interview victims of sexual assault and collecting crime evidence. Also, it requires federal officials to present evidence and information in order to help in prosecutions before tribal courts.

Crime prevention & improving justice system – Programs that help maintain tribal court systems will be reauthorized and improved. Also, laws targeting the high rates of alcohol and substance abuse and programs used to give support to at-risk youth on Indian Country. The TLOA was passed as part of the Indian Arts and Crafts Amendments Act of 2010, which protects authentic Native American products and goods by making it a federal violation to sale misrepresented Indian goods.

These law enforcement provisions are part of legislation that also amends the Indian Arts and Crafts Act of 1990.  Among other things, it expands the authority of the Indian Arts and Crafts Board to bring criminal and civil actions for offenses under such Act involving the sale of misrepresented Indian-produced goods or products, and authorizes (1) any federal law enforcement officer to conduct an investigation of an alleged violation of this Act occurring within the jurisdiction of the United States; and (2) the Board to refer an alleged violation to any such officer (currently, only to the Federal Bureau of Investigation) for investigation.    

Contact Senator Bingaman's Office:

Jude McCartin
Maria Najera
703 Hart Building
United States Senate
Washington, DC 20510
(202) 224-5521

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