25 U.S.C. § 1301 — Definitions

Page 211 TITLE 25—INDIANS § 1302 SUBCHAPTER I—GENERALLY § 1301. Definitions For purposes of this subchapter, the term— (1) ‘‘Indian tribe’’ means any tribe, band, or other group of Indians subject to the jurisdic- tion of the United States and recognized as pos- sessing powers of self-government; (2) ‘‘powers of self-government’’ means and in- cludes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inher- ent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians; (3) ‘‘Indian court’’ means any Indian tribal court or court of Indian offense; and (4) ‘‘Indian’’ means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, if that person were to commit an offense listed in that section in Indian country to which that section applies. (Pub. L. 90–284, title II, § 201, Apr. 11, 1968, 82 Stat. 77; Pub. L. 101–511, title VIII, § 8077(b), (c), Nov. 5, 1990, 104 Stat. 1892.) Editorial Notes AMENDMENTS 1990—Par. (2). Pub. L. 101–511, § 8077(b), inserted at end ‘‘means the inherent power of Indian tribes, hereby rec- ognized and affirmed, to exercise criminal jurisdiction over all Indians;’’. Par. (4). Pub. L. 101–511, § 8077(c), added par. (4). Statutory Notes and Related Subsidiaries SHORT TITLE Title II of Pub. L. 90–284, which is classified generally to this subchapter, is popularly known as the ‘‘Indian Civil Rights Act of 1968’’. TIME LIMITATION ON CRIMINAL MISDEMEANOR JU- RISDICTION OF TRIBAL COURTS OVER NON-MEMBER INDIANS Pub. L. 101–511, title VIII, § 8077(d), Nov. 5, 1990, 104 Stat. 1893, as amended by Pub. L. 102–124, § 1, Oct. 9, 1991, 105 Stat. 616, which provided that the effects of subsecs. (b) and (c), which amended this section, as those subsections affect the criminal misdemeanor ju- risdiction of tribal courts over non-member Indians have no effect after Oct. 18, 1991, was repealed by Pub. L. 102–137, Oct. 28, 1991, 105 Stat. 646. Subsequent to re- peal, Pub. L. 102–172, title VIII, § 8112A(b), Nov. 26, 1991, 105 Stat. 1202, purported to amend section 8077(d) of Pub. L. 101–511 by substituting ‘‘1993’’ for ‘‘1991’’. § 1302. Constitutional rights (a) In general No Indian tribe in exercising powers of self- government shall— (1) make or enforce any law prohibiting the free exercise of religion, or abridging the free- dom of speech, or of the press, or the right of the people peaceably to assemble and to peti- tion for a redress of grievances; (2) violate the right of the people to be se- cure in their persons, houses, papers, and ef- fects against unreasonable search and sei- zures, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized; (3) subject any person for the same offense to be twice put in jeopardy; (4) compel any person in any criminal case to be a witness against himself; (5) take any private property for a public use without just compensation; (6) deny to any person in a criminal pro- ceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the wit- nesses against him, to have compulsory proc- ess for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense (except as provided in subsection (b)); (7)(A) require excessive bail, impose exces- sive fines, or inflict cruel and unusual punish- ments; (B) except as provided in subparagraph (C), impose for conviction of any 1 offense any pen- alty or punishment greater than imprison- ment for a term of 1 year or a fine of $5,000, or both; (C) subject to subsection (b), impose for con- viction of any 1 offense any penalty or punish- ment greater than imprisonment for a term of 3 years or a fine of $15,000, or both; or (D) impose on a person in a criminal pro- ceeding a total penalty or punishment greater than imprisonment for a term of 9 years; (8) deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due proc- ess of law; (9) pass any bill of attainder or ex post facto law; or (10) deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six persons. (b) Offenses subject to greater than 1-year im- prisonment or a fine greater than $5,000 A tribal court may subject a defendant to a term of imprisonment greater than 1 year but not to exceed 3 years for any 1 offense, or a fine greater than $5,000 but not to exceed $15,000, or both, if the defendant is a person accused of a criminal offense who— (1) has been previously convicted of the same or a comparable offense by any jurisdiction in the United States; or (2) is being prosecuted for an offense com- parable to an offense that would be punishable by more than 1 year of imprisonment if pros- ecuted by the United States or any of the States. (c) Rights of defendants In a criminal proceeding in which an Indian tribe, in exercising powers of self-government, imposes a total term of imprisonment of more than 1 year on a defendant, the Indian tribe shall— (1) provide to the defendant the right to ef- fective assistance of counsel at least equal to that guaranteed by the United States Con- stitution; and