H-1389              _______________________________________________

 

                                                    HOUSE BILL NO. 495

                        _______________________________________________

 

State of Washington                              49th Legislature                              1985 Regular Session

 

By Representatives Dellwo, Armstrong, Lewis, Scott, Tilly, Locke, Niemi, Lux, Hargrove and Belcher

 

 

Read first time 2/4/85 and referred to Committee on Judiciary.

 

 


AN ACT Relating to the health, safety, and welfare of the confederated tribes of the Colville reservation; authorizing retrocession of jurisdiction over Indian lands; and adding new sections to chapter 37.12 RCW.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

 

          NEW SECTION.  Sec. 1.     This act may be known and cited as the Colville Indian reservation criminal jurisdiction retrocession act.

 

          NEW SECTION.  Sec. 2.     It is the intent of the legislature:

          (1) To conform to the provisions of the Indian Civil Rights Act of 1968, Public Law 90-284, authorizing the United States to accept retrocession by any state of all or any measure of the criminal jurisdiction acquired by the state under 18 U.S.C. Sec. 1162 or section 7 of the Act of August 15, 1953 (67 Stat. 588), as amended; and

          (2) To allow the Colville tribe and the United States to improve the qualify of life for persons living on or near the Colville Indian reservation by providing for adequate and appropriate criminal law enforcement, and to relieve the state, county, and municipal governments of the burden of providing such services except as required by state law.

 

          NEW SECTION.  Sec. 3.     Unless the context clearly requires otherwise, the following definitions shall apply throughout sections 1 through 11 of this act:

          (1) "Colville reservation," or "Colville Indian reservation," means all lands lying within the Colville Indian reservation.

          (2) "Indian tribe," "tribe," or "Colville tribes" means the confederated tribes of the Colville reservation.

          (3) "Tribal court" means the trial and appellate courts of the Colville tribes.

 

          NEW SECTION.  Sec. 4.     Whenever the governor receives from the business council of the confederated tribes of the Colville reservation a resolution expressing its desire for the retrocession by the state of all or any measure of the criminal jurisdiction acquired by the state under this chapter over lands of the Colville Indian reservation, the governor shall, within ninety days, issue a proclamation retroceding to the United States the criminal jurisdiction previously acquired by the state over such reservation.  However, the state of Washington shall retain jurisdiction as provided in RCW 37.12.010 and the proclamation of retrocession shall not become effective until it is accepted by an officer of the United States government in accordance with 25 U.S.C. Sec. 1323 (82 Stat. 78, 79) and in accordance with procedures established by the United States for acceptance of such retrocession of jurisdiction.  The Colville tribes shall not exercise tribal criminal court jurisdiction over non-Indians.

 

          NEW SECTION.  Sec. 5.     An action or proceeding pending before any court or agency of the state immediately preceding the retrocession of jurisdiction under sections 1 through 11 of this act shall not abate by reason of the retrocession or determination of jurisdiction.  For the purposes of any such action or proceeding, the reacquisition or determination of jurisdiction shall take effect on the day following the final determination of the action or proceeding.

 

          NEW SECTION.  Sec. 6.     Nothing in this chapter or in any law enacted in the state of Washington shall be construed to diminish the right of the confederated tribes to be governed by their own rules, laws, customs, or traditions.

 

          NEW SECTION.  Sec. 7.     The Colville tribes shall provide tribal police commissions to the regular sheriff's officers of Okanogan and Ferry counties, regular municipal officers of the cities of Omak, Okanogan, and Coulee Dam, to officers of the Washington state patrol, and to other officers of political subdivisions of the state of Washington directly affected by Indian lands within their jurisdiction.

 

          NEW SECTION.  Sec. 8.     Notwithstanding any other provisions of sections 1 through 11 of this act, the state of Washington shall retain concurrent jurisdiction with the United States over non-Indians who commit criminal offenses against Indian persons or property on Indian trust lands within the Colville Indian reservation.

 

          NEW SECTION.  Sec. 9.     In order for all regular officers of the Colville tribal police to retain arrest authority, they shall conform to the state training requirements as set out in RCW 43.101.010, 43.101.080, 43.101.200, and 43.101.210, and chapter 139-14 WAC, prescribing basic academy and in-service training.

 

          NEW SECTION.  Sec. 10.    The criminal conviction records of the Colville tribal court, except those of juveniles, shall be conveyed by the tribal court to the appropriate agency or agencies of the state of Washington to be included in the state-wide criminal record system.

 

          NEW SECTION.  Sec. 11.    The Colville tribes shall not assert criminal jurisdiction, except hunting and fishing jurisdiction, over lands not included within the Colville Indian reservation.

 

          NEW SECTION.  Sec. 12.    Sections 1 through 11 of this act are each added to chapter 37.12 RCW.

 

          NEW SECTION.  Sec. 13.    If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.