Amend the bill in Part A by striking out all of section 1 and inserting the following:
‘Sec. A-1. 30 MRSA §6206, sub-§3, as enacted by PL 1979, c. 732, §§1 and 31, is amended to read:
Amend the bill in Part A by inserting after section 1 the following:
‘Sec. A-2. 30 MRSA §6210, sub-§5 is enacted to read:
Amend the bill in Part A in section 2 in the first line (page 1, line 18 in L.D.) by striking out the following: "Effective" and inserting the following: 'Contingent effective'
Amend the bill in Part B by striking out all of sections 1 and 2 and inserting the following:
‘Sec. B-1. 30 MRSA §6209-B, sub-§1-A is enacted to read:
Sec. B-2. 30 MRSA §6209-B, sub-§2, as enacted by PL 1995, c. 388, §6 and affected by §8, is amended to read:
Sec. B-3. 30 MRSA §6209-B, sub-§4, as enacted by PL 1995, c. 388, §6 and affected by §8, is amended to read:
Amend the bill in Part B in section 3 in the first line (page 2, line 15 in L.D.) by striking out the following: "Effective" and inserting the following: 'Contingent effective'
Amend the bill by inserting after Part B the following:
PART C
‘
Sec. C-1. 30 MRSA §6209-A, sub-§1-A is enacted to read:
Sec. C-2. 30 MRSA §6209-A, sub-§2, as enacted by PL 1995, c. 388, §6 and affected by §8, is amended to read:
Sec. C-3. 30 MRSA §6209-A, sub-§4, as enacted by PL 1995, c. 388, §6 and affected by §8, is amended to read:
Sec. C-4. Contingent effective date; certification. This Part does not take effect unless, within 60 days of the adjournment of the First Regular Session of the 129th Legislature, the Secretary of State receives written certification by the Governor and Joint Tribal Council of the Passamaquoddy Tribe and that the tribe 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 129th Legislature.
PART D
Sec. D-1. 25 MRSA §1544, first ¶, as amended by PL 1985, c. 779, §67, is further amended to read:
It shall be is the duty of all state, county , tribal and municipal law enforcement agencies, including those employees of the University of Maine System appointed to act as policemen law enforcement officers, to submit to the State Bureau of Identification uniform crime reports, to include such information as is necessary to establish a Criminal Justice Information System and to enable the commanding officer to comply with section 1541, subsection 3. It shall be is the duty of the bureau to prescribe the form, general content, time and manner of submission of such uniform crime reports. The bureau shall correlate the reports submitted to it and shall compile and submit to the Governor and Legislature annual reports based on such reports. A The bureau shall furnish copy of such annual reports shall be furnished to all state, county, tribal and municipal law enforcement agencies.
Sec. D-2. Authority and jurisdiction; legislation. The Joint Standing Committee on Judiciary may report out to the Second Regular Session of the 129th Legislature legislation that addresses the authority and jurisdiction of the Penobscot Nation and the Passamaquoddy Tribe to charge, prosecute and impose sentences for crimes other than Class D and Class E crimes consistent with the federal Violence Against Women Reauthorization Act of 2013 and the Tribal Law and Order Act of 2010.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment provides authority for the Passamaquoddy Tribe and the Penobscot Nation to extend the jurisdiction of their respective tribal courts over certain criminal offenses committed by an individual, regardless of whether the individual is a member of a federally recognized Indian tribe. The criminal offenses are domestic violence offenses in the Maine Criminal Code and criminal violation of a protection from abuse order. The criminal offenses are Class D crimes, and the tribe's and nation's jurisdictions are concurrent with the State’s jurisdiction for the crimes.
The Joint Standing Committee on Judiciary has authority to report out legislation to the Second Regular Session of the 129th Legislature concerning the extension of tribal court jurisdiction to felony domestic violence offenses consistent with the federal Violence Against Women Reauthorization Act of 2013 and the Tribal Law and Order Act of 2010.
The tribal courts are required to participate in uniform crime reporting by reporting certain information to the Department of Public Safety, State Bureau of Identification, and the bureau will share its annual reports with tribal law enforcement agencies.
The changes to the Act To Implement the Maine Indian Claims Settlement included in the bill and this amendment do not take effect unless the tribes affected approve of the changes and certify their approval.