PROTECT Act of 2025

This bill expands special tribal criminal jurisdiction (STCJ) to include certain controlled substance-related offenses and firearms offenses. It also allows tribal courts to execute warrants for electronic material. STCJ allows participating tribes to investigate, prosecute, convict, and sentence both Indian and non-Indian offenders who commit covered crimes in Indian country against Indian victims. Covered crimes currently include assault of tribal justice personnel, child violence, dating violence, domestic violence, obstruction of justice, sexual violence, sex trafficking, stalking, and a violation of a protection order. The bill expands STCJ to allow participating tribes to prosecute individuals for controlled substance-related offenses (i.e., drug trafficking, unlawful drug possession, or unlawful possession of drug paraphernalia) and firearms offenses (i.e., use or possession of a firearm in furtherance of a covered crime or by a person who has been convicted of domestic violence). Additionally, the bill allows participating tribes to exercise STCJ over a controlled substance-related offense or a firearms offense if neither the defendant nor the alleged victim is an Indian. (Currently, this exception only applies in cases of obstruction of justice or assault of tribal justice personnel.) The bill allows offenders convicted pursuant to STCJ to be incarcerated through the Bureau of Prisons Tribal Prisoner Program. The bill gives tribal courts the same authority as state courts to compel service providers to disclose stored electronic communication information through court-issued warrants, court orders, or administrative subpoenas.