SENATE BILL REPORT

SJM 8034

As Passed Senate, February 16, 2002

Brief Description:  Requesting that the Supreme Court enter into compacts with the Tribal nations concerning criminal justice information.

Sponsors:  Senators Costa, Long, Hargrove, Kastama, Kline and Winsley.

Brief History:

Committee Activity:  Judiciary:  2/7/02 [DP].

Passed Senate:  2/16/02, 47-0.

SENATE COMMITTEE ON JUDICIARY

Majority Report:  Do pass.

Signed by Senators Kline, Chair; Kastama, Vice Chair; Costa, Hargrove, Long, Poulsen and Thibaudeau.

Staff:  Lisa Ellis (786-7421)

Background:  American Indian tribes are sovereign governments recognized as self-governing communities under federal and common law.  Among other things, tribes have authority to make and enforce laws, create tribal legislation law enforcement, establish court systems, and develop other forums for dispute resolution.

Tribal nations have criminal justice information systems separate from the Judicial Information System used by state courts.  It has been reported that some offenders have committed offenses under both state and tribal law.  Under the current system, there is no reciprocal exchange of domestic violence case information between tribal and state courts.

A system for mutual sharing of domestic violence case information between tribal and state courts has been recommended to enhance victim safety and judicial awareness of complete offender histories.

Summary of Bill:  The Washington State Legislature requests the State Supreme Court to negotiate compacts with tribal nations for sharing criminal justice information between the state and tribal nations.

Copies of the memorial are to be immediately transmitted to the Chief Justice of the Supreme Court of Washington State and to the tribal nations located within the boundaries of Washington State.

Appropriation:  None.

Fiscal Note:  Not requested.

Testimony For:  The Supreme Court and Judicial Information Committee believe that a memorial will be a good way to foster cooperation between tribal nations and state courts.

Testimony Against:  The memorial presents confidentiality concerns between the City of Auburn and the Muckleshoot Tribe.

Testified:  PRO:  Janet McLane, Administrative Office of the Courts.  CONCERNS:  Patty McDonald, City of Auburn Mayor's Office.