No Indian tribe in exercising powers of self-government shall-
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-
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-
In the case of a defendant sentenced in accordance with subsections (b) and (c), a tribal court may require the defendant-
In this section, the term "offense" means a violation of a criminal law.
Nothing in this section affects the obligation of the United States, or any State government that has been delegated authority by the United States, to investigate and prosecute any criminal violation in Indian country.
1 See References in Text note below.
25 U.S.C. § 1302
REFERENCES IN TEXTSection 304(c) of the Tribal Law and Order Act of 2010, referred to in subsec. (d)(1)(B), probably means section 234(c) of title II of Pub. L. 111-211 which is classified to section 1302a of this title. See par. (13) of H. Con. Res. 304 (111th Congress), which is not classified to the Code.
AMENDMENTS2010- Pub. L. 111-211, §234(a)(1), designated existing provisions as subsec. (a) and inserted subsec. heading.Subsec. (a)(6). Pub. L. 111-211, §234(a)(2)(A), inserted "(except as provided in subsection (b))" after "assistance of counsel for his defense". Amendment was executed to reflect the probable intent of Congress, notwithstanding errors in the directory language in quoting the text to be inserted.Subsec. (a)(7). Pub. L. 111-211, §234(a)(2)(B), added par. (7) and struck out former par. (7) which read as follows: "require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of one year and a fine of $5,000, or both;".Subsecs. (b) to (f). Pub. L. 111-211, §234(a)(3), added subsecs. (b) to (f).1986-Par. (7). Pub. L. 99-570 which directed that "for a term of one year and a fine of $5,000, or both" be substituted for "for a term of six months and a fine of $500, or both", was executed by making the substitution for "for a term of six months or a fine of $500, or both" as the probable intent of Congress.
STATUTORY NOTES AND RELATED SUBSIDIARIES
BUREAU OF PRISONS TRIBAL PRISONER PILOT PROGRAM Pub. L. 111-211, title II, §234(c), July 29, 2010, 124 Stat. 2281, which related to establishment of tribal prisoner pilot program, was transferred to section 1302a of this title.
PURPOSE OF 1986 AMENDMENTPub. L. 99-570, title IV, §4217, Oct. 27, 1986, 100 Stat. 3207-146, provided in part that amendment of par. (7) of this section was to "enhance the ability of tribal governments to prevent and penalize the traffic of illegal narcotics on Indian reservations".