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25 U.S.C. § 232Jurisdiction of New York State over offenses committed on reservations within State

submitted 78 years ago by ch. 809 to r/title-25-INDIANS · 102 words · no verdicts yet

in plain englishAI-generated · not legal advice

New York State's courts can prosecute crimes committed by or against Indians on New York reservations the same way they handle crimes anywhere else in the state. This does not take away any tribe's hunting and fishing rights guaranteed by treaty, agreement, or custom, and does not force tribes to buy state licenses to use those rights.

This section is a single provision with one proviso attached. The State of New York has jurisdiction over crimes committed by or against Indians on Indian reservations within New York, to the same extent its courts have jurisdiction over crimes committed anywhere else in the state, as defined by state law. The proviso limits that grant of jurisdiction: nothing in this section takes away any Indian tribe's, band's, or community's — or their members' — hunting and fishing rights guaranteed by agreement, treaty, or custom, and nothing in this section requires them to get state fish and game licenses to exercise those rights.
the actual law source: uscode.house.gov ↗public domain

The State of New York shall have jurisdiction over offenses committed by or against Indians on Indian reservations within the State of New York to the same extent as the courts of the State have jurisdiction over offenses committed elsewhere within the State as defined by the laws of the State: Provided, That nothing contained in this section shall be construed to deprive any Indian tribe, band, or community, or members thereof,1 hunting and fishing rights as guaranteed them by agreement, treaty, or custom, nor require them to obtain State fish and game licenses for the exercise of such rights.

Source credit: (July 2, 1948, ch. 809, 62 Stat. 1224.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of July 2, 1948, ch. 809 · 62 Stat. 1224

A history note hasn’t been published yet. The record shows enactment by ch. 809 on 1948-07-02.

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