 |
| Legislation to Close Prosecution Loophole on Pueblo Lands Heads to White House |
December 06, 2005 |
| |
"The rule of law must apply to every inch of New Mexico. We cannot have murky jurisdictions that give a loophole to criminals. This bill both protects Pueblo sovereignty and establishes that criminals face consequences."
Rep. Heather Wilson
 WASHINGTON – Legislation authored by U.S. Senators Pete Domenici and Jeff Bingaman and supported by New Mexico’s House delegation that clarifies prosecutorial jurisdiction on pueblo lands today passed the House of Representatives.
The Senate measure (S.279), approved Tuesday by the House, would eliminate so-called “prosecution-free zones” in New Mexico and elucidate the federal and state authority to try cases linked to crimes committed on private lands within pueblo boundaries. With Congressional approval, the bill now heads to President Bush to be signed into law.
“This bill respects the tribal sovereignty of Indian Country while closing gaps that have allowed criminals to dodge justice,” Domenici said. “The loop-holes that have allowed criminals to walk unscathed and untried have been closed to assure that confusing prosecution rights no longer promulgate lawlessness on Indian lands.”
“This new law will ensure that there is no part of our state where crimes can be committed without consequence. I’m very glad this bill is finally on its way to the president for signature,” Bingaman said.
“The rule of law must apply to every inch of New Mexico. We cannot have murky jurisdictions that give a loophole to criminals. This bill both protects Pueblo sovereignty and establishes that criminals face consequences,” Wilson said.
“By closing the criminal jurisdictional loophole, we have opened the doors to justice for victims and their families,” Udall said. “The Pueblo members and victims who fought for this legislation have demonstrated an unrelenting dedication to change the system for the better and in doing so they have ensured that others will never face the same scary situation.”
“This legislation provides long-overdue, common sense reforms in our criminal justice system,” Pearce said. “I particularly wish to commend New Mexico’s pueblo leaders for the energy, effort, and vision they provided to this effort. They enabled us to achieve a result that honors the distinct heritage and autonomy of the pueblo system by ensuring justice for all."
Current federal and state case law currently holds that neither the federal government or state of New Mexico have jurisdiction to prosecute crimes that occur on thousands of acres of privately-owned land within pueblo boundaries. As a result, in recent years there have been stabbings, sexual assaults, and aggravated battery charges that have gone un-prosecuted because of jurisdictional questions.
S.279 would amend the Indian Pueblo Land Act of 1924 as it pertains to serious criminal acts within the exterior boundaries of a pueblo. It clarifies when a crime should be prosecuted in federal, tribal or state court. Recent federal and state criminal cases have left open the question of who prosecutes serious crimes committed on private lands within Indian Country.
-- 30 -- |
|
|
|