BILL REQ. #: H-3922.2
State of Washington | 58th Legislature | 2004 Regular Session |
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