legislation: 100-s-1977
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| bill_id | congress | bill_type | bill_number | title | policy_area | introduced_date | latest_action_date | latest_action_text | origin_chamber | sponsor_name | sponsor_state | sponsor_party | sponsor_bioguide_id | cosponsor_count | summary_text | update_date | url |
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| 100-s-1977 | 100 | s | 1977 | Indian Reservation Special Magistrate Demonstration Project and Law Enforcement Act of 1987 | Native Americans | 1987-12-19 | 1987-12-19 | Read twice and referred to the Committee on Indian Affairs. | Senate | Sen. Melcher, John [D-MT] | MT | D | M000635 | 0 | Indian Reservation Special Magistrate Demonstration Project and Law Enforcement Act of 1987 - Directs the President to appoint special magistrates to serve the Indian reservation designated by the Secretary of the Interior from among those reservations over which the Government exercises criminal jurisdiction and on which reside Indian tribes whose governing bodies have requested the appointment of a special magistrate. Prohibits more than one of the special magistrates from serving one of the designated Indian reservations. Prohibits the appointment of an individual as a special magistrate unless such person has for at least five years been a member in good standing of the bar, of the highest court of the state, or one of the states, in which he or she is to serve. Directs the President to give preferential consideration to sitting U.S. magistrates who meet the qualifications of this Act and are already reasonably available. Requires, upon appointment and confirmation, a special magistrate to reside within, or reasonably adjacent to, the reservation to be served. Specifies the powers and duties of special magistrates. Provides for remand of custody of defendants to the appropriate law enforcement officials in cases where the magistrate determines that there is no Federal jurisdiction over an offense brought within his or her court. Sets forth provisions governing the practice and procedure for the trial of cases before such special magistrates. Allows any defendant to be assisted by a lay spokesman of his or her choice. Provides that such assistance shall not be considered the practice of law or a waiver of the right to appointed counsel in any case. Provides that, where a defendant requests a trial by jury, only persons who actually reside within the reservation in which the offense is alleged to have been committed shall be eligible to serve on the six-member jury panel. Directs that each special magistrate maintain a list of eligible persons residing within the reservation. Authorizes tribal police officers, Bureau of Indian Affairs police officers, and Federal, State, and local law enforcement officers, acting within their jurisdictions, to execute warrants, summonses, subpoenas, or orders which a special magistrate is authorized to issue in criminal cases arising within the Indian country, or under the general rules of Federal criminal procedure or the Federal rules of procedure for the trial of minor offenses before the U.S. magistrates. Applies the provisions of the Court Interpreters Act of 1978 to trials before special magistrates appointed under this Act. Makes any acts or conduct constituting a contempt of U.S. district court a contempt of court when committed before a special magistrate, with the same procedures governing. Provides that the periodic training programs and seminars conducted by the Federal Judicial Center for magistrates, including an introductory training program for new magistrates which must be held within one year after their initial appointment, be made available to special magistrates appointed under this Act. Authorizes appropriations. Directs the Attorney General to appoint such additional assistant U.S. attorneys in each judicial district as necessary to prosecute all crimes and offenses committed within any Indian reservation, or any portion of Indian country, in such district. Requires the Attorney General to appoint at least one assistant U.S. attorney to prosecute crimes and offenses before each special magistrate appointed under this Act. Directs the Secretary to report to the Congress, within four years of the date of enactment of this Act, on the demonstration project carried out under this Act, including recommendations regarding its continuation. | 2025-08-28T20:08:09Z |