§ 30 §6209-C-2 — Jurisdiction of the Houlton Band of Maliseet Indians Tribal Court

1.
Exclusive jurisdiction over certain matters.
Except as provided in subsections 3 and 4, the Houlton Band of Maliseet Indians has the right to exercise exclusive jurisdiction, separate and distinct from the State, over:
1-A.
Exclusive jurisdiction over Penobscot Nation members.
1-B.
(REALLOCATED FROM T. 30, §6209-C, sub-§1-A) Exclusive jurisdiction over Passamaquoddy Tribe members.
1-C.
Concurrent jurisdiction over certain criminal offenses.
The Houlton Band of Maliseet Indians has the right to exercise jurisdiction, concurrently with the State, over the following criminal offenses:
1-D.
Exclusive jurisdiction of the State.
Except as provided in subsection 1, paragraphs A and B and subsection 1‑C, all laws of the State relating to criminal offenses and juvenile crimes apply within Houlton Band Trust Land and the State has exclusive jurisdiction over those offenses and crimes. Notwithstanding subsections 1 and 1‑C, 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 Houlton Band of Maliseet Indians 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 and 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 Houlton Band of Maliseet Indians Tribal Court shall inquire whether fingerprints have been taken or whether arrangements have been made for fingerprinting. If neither has occurred, the Houlton Band of Maliseet Indians 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 Houlton Band of Maliseet Indians 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 Houlton Band of Maliseet Indians 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 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 Houlton Band of Maliseet Indians has exclusive jurisdiction under this section. The determination of an issue of fact in a criminal or juvenile proceeding conducted in a 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 tribal forum.
5.
Houlton Band Jurisdiction Land.
6.
Full faith and credit.
The State shall give full faith and credit to the judicial proceedings of the Houlton Band of Maliseet Indians. The Houlton Band of Maliseet Indians shall give full faith and credit to the judicial proceedings the Passamaquoddy Tribe, the Penobscot Nation, the Mi'kmaq Nation and the State.

Legislative History

PL 2009, c. 384, Pt. B, §1 (NEW). PL 2009, c. 384, Pt. B, §2 (AFF). PL 2009, c. 384, Pt. D, §1 (AMD). PL 2009, c. 384, Pt. D, §2 (AFF). PL 2009, c. 384, Pt. E, §2 (AMD). PL 2009, c. 384, Pt. E, §3 (AFF). RR 2011, c. 1, §45 (COR). PL 2023, c. 369, Pt. D, §6 (AMD). PL 2023, c. 369, Pt. D, §8 (AFF). PL 2023, c. 647, Pt. C, §§1-4 (AMD). PL 2023, c. 647, Pt. C, §5 (AFF).