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LegislationLEGISLATION | Detail


H.R. 725: Indian Arts and Crafts Amendments Act of 2009

Sponsor: Pastor (D - AZ)

Official Title: A bill to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes.

Status:
1/27/2009: Introduced
1/27/2009: Referred to House Judiciary Committee
1/27/2009: Referred to House Natural Resources Committee
12/2/2009: Hearing Held by House Natural Resources Committee
12/16/2009: Mark up in the House Natural Resources Committee
12/16/2009: Ordered to be reported House Natural Resources Committee
1/15/2010: Discharged House Judiciary Committee
1/15/2010: Placed on House calendar
1/19/2010: House passage of amended bill under suspension of rules.
1/20/2010: Received in Senate
3/26/2010: Placed on Senate calendar
6/23/2010: Senate Passage
7/26/2010: House Passage
7/29/2010: Signed by the President

Commentary:
As introduced, this bill was titled the Indian Arts and Crafts Amendments Act of 2009. It was identical to H.R. 7024 and S. 1255 in the 110th Congress and S. 151 in the current Congress and reduced penalties for some violations of the prohibition on misrepresenting goods for sale as having been produced by Native Americans. As passed by the Senate, the bill would not only reduce penalties set out in 18 U.S.C. § 1159 for some violations of the prohibition on misrepresenting goods for sale as having been produced by Native Americans, it would also change the sentencing powers of Native American tribal courts. With respect to misrepresentation, under current law, "knowing" violations are punishable by criminal fines of up to $250,000 and imprisonment of up to five years for a first offense, and by criminal fines of up to $1,000,000 and imprisonment of up to 15 years for subsequent offenses. This legislation would change the penalty structure in two ways. First offenses concerning goods worth less than $1,000 would be punishable by fines of up to $25,000 and imprisonment of up to a year, and fines for subsequent offenses would be calculated under Title 18 rather according to the fines defined under this new penalty scheme. With respect to the sentencing powers of Native American tribal courts, current law does not permit a tribal court to impose a term of imprisonment greater than 1 year, a fine of $5,000, or both. Under the bill as passed by the Senate, a tribal court would be able to sentence a defendant who has previously been convicted of the same or a comparable offense by any jurisdiction in the United States, or a defendant who is being prosecuted for an offense comparable to an offense that would be punishable by imprisonment for more than 1 year if prosecuted by the United States or any of the States to imprisonment for up to three years, a fine of $15,000, or both. Even when multiple charges are involved, the tribal courts would be unable to impose imprisonment longer than 9 years. Significantly, nothing in the bill as passed by the Senate would give a Native American tribe criminal jurisdiction over a non-Native American. Tribes have been empowered to exercise criminal jurisdiction over any Native American, including those who are not members of the tribe, since 1990.

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