BILL REQ. #:  H-3922.2 

Read first time 01/21/2004.   Referred to Committee on Criminal Justice & Corrections.

     AN ACT Relating to the tribal law enforcement officers act of 2004; 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 enforce 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) A duly sworn and commissioned tribal law enforcement officer may exercise general authority peace officer powers over non-Indian persons on tribal lands or within the external boundaries of an Indian reservation in the following circumstances:
     (a) When the officer is participating in a multiagency task force or a mutual aid operation conducted under an established interagency agreement or memorandum of understanding;
     (b) When the officer has been extended a commission to so act from the chief law enforcement official of a political subdivision of the state within which the tribal lands or reservation are wholly or partially located. If the tribal lands or reservation are only partially contained within the commissioning political subdivision, the officer may only exercise general authority peace officer powers over non-Indian persons on the portion of the tribal lands or reservation located within that commissioning political subdivision; or
     (c) If the following conditions are met:
     (i) The officer possesses a certificate of basic law enforcement training, a certificate of equivalency, or an exemption from the requirement from the Washington state criminal justice training commission;
     (ii) The officer's employing tribal government is in full compliance with a valid agreement it has signed that contains the elements listed in subsection (2) of this section. Such an agreement must be filed with the governor's office of Indian affairs to be valid; and
     (iii) The officer's employing tribal government has entered into an agreement with the county or counties who will process arrests made by tribal officers under this subsection (1)(c) for: (A) The reimbursement of increased costs to the county or counties associated with the exercise of general authority peace officer powers by tribal officers under this subsection (1)(c); and (B) the distribution of revenues associated with the exercise of general authority peace officer powers by tribal officers under this subsection (1)(c). When negotiating the agreement required by this subsection (1)(c)(iii), the tribal government and the county or counties shall negotiate in good faith.
     (2) An agreement under subsection (1)(c)(ii) of this section must contain the following elements:
     (a) A statement that the tribe is sovereign and an agreement that the tribe agrees to follow all the rules, procedures, and processes prescribed by the courts of the state for the purpose of enforcing state law upon non-Indians;
     (b) An agreement that an arrested non-Indian person is entitled to all due process provided by the state;
     (c) An agreement that the tribe recognize the federal and state constitutional rights of an arrested non-Indian person as if that individual had been arrested by a general authority peace officer employed by the state or one of its political subdivisions;
     (d) An agreement that the tribe must maintain specified hiring and training standards for their commissioned officers as set forth by the Northwest association of tribal enforcement officers or equivalent standards;
     (e) An agreement that the tribe is civilly liable for the acts or omissions of their tribal law enforcement officers when exercising general authority peace officer powers under subsection (1)(c) of this section; and
     (f) If the tribal law enforcement agency is not subject to the federal tort claims act, proof of an insurance policy in the amount of at least one million dollars covering any liability arising from the exercise of general authority peace officer powers by tribal officers under subsection (1)(c) of this section.
     (3) Nothing in this section shall be interpreted to invalidate the lawful enforcement of the criminal laws of the state by a tribal law enforcement officer as otherwise authorized by statute or common law.
     (4) For purposes of this section, "general authority peace officer powers" means the authority to arrest and detain non-Indian persons on tribal lands or within the external boundaries of an Indian reservation for violations of state law.

NEW SECTION.  Sec. 3   This act may be known and cited as the tribal law enforcement act of 2004.

NEW SECTION.  Sec. 4   Sections 1 through 3 of this act constitute a new chapter in Title 10 RCW.