Page:United States Statutes at Large Volume 124.djvu/2293

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124 STAT. 2267 PUBLIC LAW 111–211—JULY 29, 2010 ‘‘(cc) section 731 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (21 U.S.C. 865); ‘‘(II) a misdemeanor firearms offense in violation of chapter 44 of title 18, United States Code; ‘‘(III) a misdemeanor assault in violation of chapter 7 of title 18, United States Code; or ‘‘(IV) a misdemeanor liquor trafficking offense in violation of chapter 59 of title 18, United States Code; and ‘‘(ii) the employee has probable cause to believe that the individual to be arrested has committed, or is commit- ting, the crime;’’. SEC. 212. DISPOSITION REPORTS. Section 10 of the Indian Law Enforcement Reform Act (25 U.S.C. 2809) is amended by striking subsections (a) through (d) and inserting the following: ‘‘(a) COORDINATION AND DATA COLLECTION.— ‘‘(1) INVESTIGATIVE COORDINATION.—Subject to subsection (c), if a law enforcement officer or employee of any Federal department or agency terminates an investigation of an alleged violation of Federal criminal law in Indian country without referral for prosecution, the officer or employee shall coordinate with the appropriate tribal law enforcement officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. ‘‘(2) INVESTIGATION DATA.—The Federal Bureau of Inves- tigation shall compile, on an annual basis and by Field Division, information regarding decisions not to refer to an appropriate prosecuting authority cases in which investigations had been opened into an alleged crime in Indian country, including— ‘‘(A) the types of crimes alleged; ‘‘(B) the statuses of the accused as Indians or non- Indians; ‘‘(C) the statuses of the victims as Indians or non- Indians; and ‘‘(D) the reasons for deciding against referring the investigation for prosecution. ‘‘(3) PROSECUTORIAL COORDINATION.—Subject to subsection (c), if a United States Attorney declines to prosecute, or acts to terminate prosecution of, an alleged violation of Federal criminal law in Indian country, the United States Attorney shall coordinate with the appropriate tribal justice officials regarding the status of the investigation and the use of evidence relevant to the case in a tribal court with authority over the crime alleged. ‘‘(4) PROSECUTION DATA.—The United States Attorney shall submit to the Native American Issues Coordinator to compile, on an annual basis and by Federal judicial district, information regarding all declinations of alleged violations of Federal criminal law that occurred in Indian country that were referred for prosecution by law enforcement agencies, including— ‘‘(A) the types of crimes alleged; ‘‘(B) the statuses of the accused as Indians or non- Indians;