§ 30 §6209-A — Jurisdiction of the Passamaquoddy Tribal Court

1.
Exclusive jurisdiction over certain matters.
Except as provided in subsections 3 and 4, the Passamaquoddy Tribe has the right to exercise exclusive jurisdiction, separate and distinct from the State, over:
1-A.
Concurrent jurisdiction over certain criminal offenses.
The Passamaquoddy Tribe has the right to exercise jurisdiction, concurrently with the State, over the following criminal offenses:
1-B.
Exclusive jurisdiction of the State.
Except as provided in subsection 1, paragraphs A and B and subsection 1‑A, all laws of the State relating to criminal offenses and juvenile crimes apply within Passamaquoddy Indian territory and the State has exclusive jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 1‑A, the State has exclusive jurisdiction over:
2.
Definitions of crimes; tribal procedures.
The definitions of the criminal offenses and juvenile crimes and the punishments applicable to those criminal offenses and juvenile crimes over which the Passamaquoddy Tribe has exclusive jurisdiction under this section are governed by the laws of the State. Issuance and execution of criminal process are also governed by the laws of the State. The procedures for the establishment and operation of tribal forums created to effectuate the purposes of this section are governed by federal statute, including, without limitation, the provisions of 25 United States Code, Sections 1301 to 1303 and rules or regulations generally applicable to the exercise of criminal jurisdiction by Indian tribes on federal Indian reservations.
2-A.
Criminal records, juvenile records and fingerprinting.
At the arraignment of a criminal defendant, the Passamaquoddy Tribal Court shall inquire whether fingerprints have been taken or whether arrangements have been made for fingerprinting. If neither has occurred, the Passamaquoddy Tribal Court shall instruct both the responsible law enforcement agency and the person charged as to their respective obligations in this regard, consistent with Title 25, section 1542‑A.
3.
Lesser included offenses in state courts.
In any criminal proceeding in the courts of the State in which a criminal offense under the exclusive jurisdiction of the Passamaquoddy Tribe constitutes a lesser included offense of the criminal offense charged, the defendant may be convicted in the courts of the State of the lesser included offense. A lesser included offense is as defined under the laws of the State.
4.
Double jeopardy, collateral estoppel.
A prosecution for a criminal offense or juvenile crime over which the Passamaquoddy Tribe has exclusive jurisdiction under this section does not bar a prosecution for a criminal offense or juvenile crime, arising out of the same conduct, over which the State has exclusive jurisdiction. A prosecution for a criminal offense over which the Passamaquoddy Tribe has concurrent jurisdiction under this section does not bar a prosecution for a criminal offense, arising out of the same conduct, over which the State has exclusive jurisdiction. A prosecution for a criminal offense over which the State has concurrent jurisdiction under this section does not bar a prosecution for a criminal offense, arising out of the same conduct, over which the Passamaquoddy Tribe has exclusive jurisdiction. A prosecution for a criminal offense or juvenile crime over which the State has exclusive jurisdiction does not bar a prosecution for a criminal offense or juvenile crime, arising out of the same conduct, over which the Passamaquoddy Tribe has exclusive jurisdiction under this section. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a Passamaquoddy tribal forum does not constitute collateral estoppel in a criminal or juvenile proceeding conducted in a state court. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a state court does not constitute collateral estoppel in a criminal or juvenile proceeding conducted in a Passamaquoddy tribal forum.
5.
Future Indian communities.
Any 25 or more adult members of the Passamaquoddy Tribe residing within their Indian territory and in reasonable proximity to each other may petition the commission for designation as an extended reservation. If the commission determines, after investigation, that the petitioning Passamaquoddy tribal members constitute an extended reservation, the commission shall establish the boundaries of the extended reservation and recommend to the Legislature that, subject to the approval of the governing body of the Passamaquoddy Tribe, it amend this Act to extend the jurisdiction of the Passamaquoddy Tribe to the extended reservation. The boundaries of an extended reservation may not exceed those reasonably necessary to encompass the petitioning Passamaquoddy tribal members.
6.
Full faith and credit.
The State shall give full faith and credit to the judicial proceedings of the Passamaquoddy Tribe. The Passamaquoddy Tribe shall give full faith and credit to the judicial proceedings of the Penobscot Nation, the Houlton Band of Maliseet Indians, the Mi'kmaq Nation and the State.

Legislative History

PL 1995, c. 388, §6 (NEW). PL 1995, c. 388, §8 (AFF). PL 2009, c. 93, §14 (AMD). PL 2009, c. 384, Pt. E, §1 (AMD). PL 2009, c. 384, Pt. E, §3 (AFF). PL 2019, c. 621, Pt. D, §§1-4 (AMD). PL 2019, c. 621, Pt. D, §5 (AFF). PL 2021, c. 650, §§10-12 (AMD). PL 2021, c. 650, §13 (AFF). PL 2023, c. 369, Pt. B, §§2, 3 (AMD). PL 2023, c. 369, Pt. B, §4 (AFF). PL 2023, c. 647, Pt. A, §§1-4 (AMD). PL 2023, c. 647, Pt. A, §5 (AFF).