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New Code Resource: Implementing TLOA and VAWA

May 20, 2015

Now Available Online 

Tribal Legal Code Resource:
Tribal Laws Implementing TLOA Enhanced Sentencing and VAWA Enhanced Jurisdiction

Guide for Drafting or Revising Tribal Laws to Implement the Tribal Law and Order Act (TLOA)
Enhanced Sentencing and the Violence Against Women Act Reauthorization of 2013
(VAWA 2013) Special Domestic Violence Criminal Jurisdiction

With the enactment of the Tribal Law and Order Act in 2010 (TLOA) and the Violence Against Women Act Reauthorization of 2013 (VAWA 2013), the federal government has reaffirmed some of the criminal jurisdiction and sentencing authority it had previously limited by statute and Supreme Court decisions. Congress specifically affirms and recognizes the inherent jurisdiction of tribes within the wording of the statutes.

TLOA and VAWA 2013 are very broad statutes covering numerous topics. This resource focuses solely on the sentencing enhancement provisions of TLOA and the special domestic violence jurisdictions sections of VAWA 2013. This resource provides an overview of the enhanced powers recognized by each statute and explores ways that tribes can comply with the requirements of the federal statutes.

This resource is part of the Tribal Law and Policy Institute's Tribal Legal Code/Policy Development Series. This series is developed with a philosophy that tribal laws and policy should reflect tribal values. In addition, writing a tribal law usually requires careful consideration of how federal and state laws apply. Each resource is designed to help tribal governments customize laws and policies that fit community values, principles, and capacities. These resources are all freely available for downloading on the Tribal Court Clearinghouse.