18 U.S.C. § 3242 — Indians committing certain offenses; acts

Page 750 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3242 1958—Pub. L. 85–508 struck out provisions which re- lated to the District Court for the Territory of Alaska. See section 81A of Title 28, Judiciary and Judicial Pro- cedure, which establishes a United States District Court for the State of Alaska. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–508 effective Jan. 3, 1959, on admission of Alaska into the Union pursuant to Proc. No. 3269, Jan. 3, 1959, 24 F.R. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85–508, see notes set out under section 81A of Title 28, Judiciary and Judicial Procedure, and preceding former section 21 of Title 48, Territories and Insular Possessions. § 3242. Indians committing certain offenses; acts on reservations All Indians committing any offense listed in the first paragraph of and punishable under sec- tion 1153 (relating to offenses committed within Indian country) of this title shall be tried in the same courts and in the same manner as are all other persons committing such offense within the exclusive jurisdiction of the United States. (June 25, 1948, ch. 645, 62 Stat. 827; May 24, 1949, ch. 139, § 51, 63 Stat. 96; Pub. L. 89–707, § 2, Nov. 2, 1966, 80 Stat. 1101; Pub. L. 94–297, § 4, May 29, 1976, 90 Stat. 586.) HISTORICAL AND REVISION NOTES 1948 ACT Based on title 18, U.S.C., 1940 ed., § 548 (Mar. 4, 1909, ch. 321, § 328, 35 Stat. 1151; June 1932, ch. 284, 47 Stat. 337). The provisions defining rape in accordance with the law of the State and prescribing imprisonment at the discretion of the court for rape by an Indian upon an Indian are now included in section 1153 of this title. (See also section 6 of this title.) Section 549 of said title 18, relating to crimes in In- dian reservations in South Dakota, was omitted as cov- ered by section 1153 of this title. Accordingly the last sentence of said section 548, extending this section to prosecutions of Indians in South Dakota, was also omitted as unnecessary because this section is suffi- cient and applicable. Other provisions of said section 548 are incorporated in sections 1151 and 1153 of this title. Minor changes were made in phraseology. 1949 ACT This section [section 51] conforms section 3242 of title 18, U.S.C., with sections 1151 and 1153 of such title, thus eliminating inconsistency and ambiguity with respect to the definition of Indian country. Editorial Notes AMENDMENTS 1976—Pub. L. 94–297 substituted provision setting out reference to offenses listed in first paragraph of and punishable under section 1153 of this title, for provision specifically enumerating the covered offenses. 1966—Pub. L. 89–707 added carnal knowledge and as- sault with intent to commit rape as offenses cognizable within the exclusive jurisdiction of the United States when committed on and within the Indian country. 1949—Act May 24, 1949, substituted ‘‘within the Indian country’’ for ‘‘within any Indian reservation, including rights-of-way running through the reservation,’’. § 3243. Jurisdiction of State of Kansas over of- fenses committed by or against Indians on Indian reservations Jurisdiction is conferred on the State of Kan- sas over offenses committed by or against Indi- ans on Indian reservations, including trust or re- stricted allotments, within the State of Kansas, to the same extent as its courts have jurisdic- tion over offenses committed elsewhere within the State in accordance with the laws of the State. This section shall not deprive the courts of the United States of jurisdiction over offenses de- fined by the laws of the United States com- mitted by or against Indians on Indian reserva- tions. (June 25, 1948, ch. 645, 62 Stat. 827.) HISTORICAL AND REVISION NOTES Based on section 217a of title 25, U.S.C., 1940 ed., Indi- ans (June 8, 1940, ch. 276, 54 Stat. 249). The attention of Congress is directed to consideration of the question whether this section should be broad- ened and made applicable to all states rather than only to Kansas. Such change was not regarded as within the scope of this revision. Changes were made in phraseology. § 3244. Jurisdiction of proceedings relating to transferred offenders When a treaty is in effect between the United States and a foreign country providing for the transfer of convicted offenders— (1) the country in which the offender was convicted shall have exclusive jurisdiction and competence over proceedings seeking to chal- lenge, modify, or set aside convictions or sen- tences handed down by a court of such coun- try; (2) all proceedings instituted by or on behalf of an offender transferred from the United States to a foreign country seeking to chal- lenge, modify, or set aside the conviction or sentence upon which the transfer was based shall be brought in the court which would have jurisdiction and competence if the of- fender had not been transferred; (3) all proceedings instituted by or on behalf of an offender transferred to the United States pertaining to the manner of execution in the United States of the sentence imposed by a foreign court shall be brought in the United States district court for the district in which the offender is confined or in which super- vision is exercised and shall name the Attor- ney General and the official having immediate custody or exercising immediate supervision of the offender as respondents. The Attorney General shall defend against such proceedings; (4) all proceedings instituted by or on behalf of an offender seeking to challenge the valid- ity or legality of the offender’s transfer from the United States shall be brought in the United States district court of the district in which the proceedings to determine the valid- ity of the offender’s consent were held and shall name the Attorney General as respond- ent; and (5) all proceedings instituted by or on behalf of an offender seeking to challenge the valid- ity or legality of the offender’s transfer to the