BILL REQ. #:  H-1587.1 

Read first time 02/17/2003.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to the tribal law enforcement officers act of 2003; and adding a new chapter to Title 10 RCW.

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

NEW SECTION.  Sec. 1   The legislature finds a need for tribal law enforcement officers to exercise the laws of the state of Washington over non-Indian persons while those persons are on tribal lands or reservations to efficiently deal with criminal activities conducted by those who would threaten the peace and safety of Indian communities through their actions. The legislature further finds that allowing tribal law enforcement officers to exercise such limited powers over non-Indian persons in Indian country, as defined by federal law, is necessary to protect all Washington citizens through the equal application of the laws of tribal governments and the laws of the state of Washington. The legislature intends to balance the common interests of the state of Washington and tribal governments to provide basic police services in the effort to maintain peace and social order, and provide for the more efficient use of available resources by agencies responding to crimes and incidents that occur in Indian country.

NEW SECTION.  Sec. 2   (1) Duly sworn and commissioned tribal law enforcement officers who meet the standards set forth in subsection (2) of this section and who are employed by a tribal government that has entered into an agreement under section 3 of this act may exercise general authority peace officer powers over non-Indian persons when those individuals are on tribal lands or within the external boundaries of Indian reservations. The exercise of general authority powers on tribal lands and reservations over non-Indian persons by tribal law enforcement officers does not grant general authority peace officer powers as those extended to officers employed by political subdivisions of the state under chapter 10.93 RCW, the Washington mutual aid peace officers powers act.
     (2) Tribal law enforcement officers who are subject to a government-to-government agreement must possess a certificate of basic law enforcement training or a certificate of equivalency or an exemption from the requirement by the Washington state criminal justice training commission.

NEW SECTION.  Sec. 3   (1) Tribal law enforcement officers may exercise general authority peace officer powers over non-Indian persons when those individuals are on tribal lands or within the external boundaries of Indian reservations if the employing tribal government has entered into an agreement with the state of Washington that allows for the arrest of a non-Indian person by tribal law enforcement officers, and the agreement contains the following elements:
     (a) The tribe or tribes are sovereign and agree to follow all rules, procedures, and processes prescribed by the courts of the state of Washington for the purpose of enforcing state law upon non-Indians as set forth by this agreement;
     (b) The tribe or tribes agree that a non-Indian person arrested under this agreement is entitled to all due process provided by the laws of the state of Washington;
     (c) The tribe or tribes recognize the federal constitutional rights of an arrested, non-Indian person as if that individual had been arrested by a general authority peace officer employed by a political subdivision of the state of Washington;
     (d) The tribe or tribes agree to maintain specified hiring and training standards for their commissioned officers as set forth by the northwest association of tribal enforcement officers or equivalent standards that meet or exceed the standards agreed to by the state of Washington; and
     (e) The tribe or tribes agree to be civilly liable for acts or omissions of their tribal law enforcement officers in the court of primary jurisdiction. Every tribal law enforcement agency that is not subject to the federal tort claims act shall maintain a liability insurance policy, as stipulated in the government-to-government agreement, to cover any liability arising from the enforcement of state criminal law pursuant to the authority granted by this section.
     (2) The government-to-government agreement may provide for the distribution of revenues and the payment of costs resulting from the exercise of general authority peace officer powers by tribal enforcement officers. Distribution of the revenues and payments of costs must be in accordance with Washington law.
     (3) Commissioned tribal law enforcement officers may participate in multiagency task forces and mutual aid operations if those actions are conducted under their established interagency agreements or a tribal law enforcement officer has been extended a commission to so act from the chief law enforcement official of that jurisdiction.

NEW SECTION.  Sec. 4   A tribal law enforcement officer may exercise the powers of a general authority peace officer if the tribal law enforcement officer exercises the authority under an agency-to-agency mutual aid agreement or a memorandum of understanding, or if the tribal law enforcement officer has been extended an individual commission for those purposes by the recognized chief law enforcement official of the agency for which the officer exercises those general authority peace officer powers. The commission may be extended or withdrawn by the elected or appointed chief law enforcement official or an agency, regardless of title.

NEW SECTION.  Sec. 5   This act may be known and cited as the tribal law enforcement act of 2003.

NEW SECTION.  Sec. 6   Sections 1 through 5 of this act constitute a new chapter in Title 10 RCW.