By Shannon K. Jones
Staff Reporter
In recognition of the ongoing battle against domestic violence in the country, U.S. Senator John McCain, Chairman of the Senate Committee on Indian Affairs, is working on passage of his bill "Restoring Safety to Indian Women Act" that was introduced May 10.
According to McCain, one of the driving forces behind the legislation is the unique status of tribes and the obstacles faced by tribal police, federal investigators, tribal and federal prosecutors which impede the ability of law enforcement to respond to situations in Indian Country.
While domestic violence - defined as a range of physical, sexual, and psychological behaviors, is considered a national problem, in Indian Country, the rates of violence against women are considered some of the highest in the nation, according to the Justice Department.
McCain's proposed legislation would create a new federal criminal offense in authorizing federal prosecutors to charge repeat domestic violence offenders before they seriously injure or kill someone, and allow the use of tribal court convictions for domestic violence in that prosecution.
A database would be established that would document final convictions, stay-away orders and orders of protection issued by tribal courts. The bill would also expand the authority of the Bureau of Indian Affairs (BIA) police and tribal police agencies that derive their authority by contract with the BIA, to make an arrest without a warrant for a domestic violence offense when the officer has reasonable grounds to believe the person arrested committed the offense.
According to McCain, this arrest authority will enable a responding officer to diffuse dangerous situations by arresting the perpetrator.
"This will go a long way toward improving public safety for both the officer and the domestic violence victim," said McCain.
