[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on October 31, 2018.][1]
(a)
In this subsection:
(1)
Dating violence means violence committed by a person who is or has
been in a social relationship of a romantic or intimate nature with
the victim, as determined by the length of the relationship, the type
of-relationship, and the frequency of interaction between the persons
involved in the relationship.
(2)
Domestic Violence means violence committed by a current or former
spouse or intimate partner of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with
or has cohabitated with the victim as a spouse or intimate partner,
or by a person similarly situated to a spouse of the victim under
the domestic or family violence laws of an Indian tribe that has jurisdiction
over the Indian country where the violence occurs.
[1]
Editor's Note: This motion also provided for the renumbering
of former § 359 as § 363.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on October 31, 2018; and technical amendment approved
on December 19, 2018, at Tribal Council Regular Session.]
(a)
Notwithstanding any other provision of law, in addition to all powers
of self-government recognized and affirmed by 25 U.S.C. §§ 1301
and 1303, the powers of self-government of GTB as a participating
tribe include GTB's inherent power as a federally recognized and affirmed
Indian tribe, to exercise domestic violence criminal jurisdiction
over all persons.
(b)
Rights of defendants. In all proceedings in which the Tribal Court
exercises special domestic violence criminal jurisdiction as a participating
tribe, all rights afforded by GTB law and all those enumerated in
the Indian Civil Rights Act, 25 U.S.C. §§ 1301 through
1304 shall apply to all defendants. In the event of any inconsistency,
25 U.S.C. § 1304 shall apply.
(c)
Petitions to stay detention.
(1)
The privilege of the writ of habeas corpus shall be available to
any person to test the legality of his or her detention by order of
the GTB and may petition the Tribal Court to stay further detention
pending the habeas proceeding.
(2)
A Court shall grant a stay if the Court:
(A)
Finds that there is a substantial likelihood that the habeas
corpus petition will be granted; and
(B)
After giving each alleged victim in the matter an opportunity
to be heard, finds by clear and convincing evidence that under conditions
imposed by the Court, the petitioner is not likely to flee or pose
a danger to any person or the community if released.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on October 31, 2018; and amended by Tribal Council
motion on November 20, 2019, at a Tribal Council Regular Session.]
(a)
The Grand Traverse Band may exercise special domestic violence criminal
jurisdiction over a defendant for criminal conduct that falls into
one or more of the following categories:
(1)
Domestic violence and dating violence. An act of domestic violence
or dating violence that occurs in GTB's Indian country.
(2)
Violations of protection orders. An act that:
(A)
Occurs in the GTB's Indian country; and
(B)
Violates the portion of a protection order that:
(i)
Prohibits or provides protection against violent or threatening
acts or harassment against, sexual violence against, contact or communication
with, or physical proximity to, another person;
(ii)
Was issued against the defendant;
(iii)
Is enforceable by GTB; and
(iv)
Is consistent with 18 U.S.C. § 2265(b).
(b)
Exceptions.
(1)
Victim and defendant are both non-Indians.
(A)
In general. The GTB may not exercise special domestic violence
criminal jurisdiction over an alleged offense if neither the defendant
nor the alleged victim is an Indian.
(B)
Definition of victim. In this subsection and with respect to
a criminal proceeding in which GTB exercises special domestic violence
criminal jurisdiction based on a violation of a protection order,
the term "victim" means a person specifically protected by a protection
order that the defendant allegedly violated.
(2)
Defendant lacks ties to GTB. The GTB may exercise special domestic
violence criminal jurisdiction over a defendant only if the defendant:
