Duro-Fix

An Act To make permanent the legislative reinstatement, following the decision of Duro against Reina (58 U.S.L.W. 4643, May 29, 1990), of the power of Indian tribes to exercise criminal jurisdiction over Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. Criminal Jurisdiction over Indians.

Section 8077 of Public Law 101-511 (104 Stat. 1892) is amended by striking out subsection (d). [See below.]

Approved October 28, 1991.

Sec. 8077. (b) Section 201(2) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (25 U.S.C. 1301(2)), is amended by adding at the end thereof the following: "means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians;"

(c) Section 201 of such Act is amended (1) by deleting the period at the end of paragraph (3) and inserting in lieu thereof a semicolon and the word "and"; and (2) by adding at the end thereof the following:

    "(4) 'Indian' means any person who would be subject to the jurisdiction of the United States as an Indian under section 1153, title 18, United States Code, if that person were to commit an offense listed in that section in Indian country to which that section applies.".

(d) The effects of subsections (b) and (c) as those subsections affect the criminal misdemeanor jurisdiction of tribal courts over non-member Indians shall have no effect after September 30, 1991.