BILL REQ. #:  H-2335.1 

READ FIRST TIME 02/22/07.   

     AN ACT Relating to authorizing tribal and Indian nation law enforcement officers to act as Washington state peace officers; 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 definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "General authority Washington peace officer" means an officer authorized to enforce the criminal and traffic laws of the state of Washington generally.
     (2) "Tribal law enforcement officer" means a person:
     (a) Who is a duly commissioned officer of the police or public safety department of any Washington Indian nation or tribe; or
     (b) Who is a law enforcement officer employed by the United States bureau of Indian affairs and is assigned in Washington.

NEW SECTION.  Sec. 2   (1) All tribal law enforcement officers commissioned under subsection (2) of this section shall be recognized and authorized to act as general authority Washington peace officers. A tribal law enforcement officer recognized and authorized to act as a general authority Washington peace officer under this section has the same powers as any other general authority Washington peace officer to enforce state laws in Washington, including the power to make arrests for violations of state laws.
     (2) The chief of the Washington state patrol may issue a tribal law enforcement officer a commission to act as a general authority Washington peace officer under this section. The procedures to be followed in the issuance and revocation of commissions granted under this section and the respective rights and responsibilities of the departments shall be set forth in a written agreement to be executed between the chief of the Washington state patrol and the Indian nation or tribe or the appropriate federal official.
     (3) An agreement executed under subsection (2) of this section shall contain the following conditions:
     (a) The Indian nation or tribe, but not the United States bureau of Indian affairs, shall submit proof of adequate public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state;
     (b) Each applicant for a commission shall successfully complete seven hundred twenty hours of basic law enforcement training that is approved by the executive director of the Washington state criminal justice training commission;
     (c) The chief of the Washington state patrol has the authority to suspend any commission granted under subsection (2) of this section for reasons solely within his or her discretion;
     (d) If any provision of the agreement is violated by the Indian nation or tribe or the United States bureau of Indian affairs, or any agent of the Indian nation or tribe or the United States bureau of Indian affairs, the chief of the Washington state patrol shall suspend the agreement on five days' notice, which suspension shall last until the chief is satisfied that the violation has been corrected and will not recur;
     (e) A copy of any citation issued pursuant to a commission authorized by this section shall be submitted within five days to the chief of the Washington state patrol;
     (f) Any citation issued pursuant to a commission authorized by this section shall be to a Washington court, except that any citation issued to Indians within the exterior boundaries of an Indian reservation may be cited to a tribal court;
     (g) The agreement, or any commission issued pursuant to the agreement, shall not confer any authority on a tribal court or other tribal authority that the court or authority would not otherwise possess;
     (h) The authority granted by any agreement entered into under this section shall be coextensive with the exterior boundaries of the reservation, except that an officer commissioned under this section may proceed in fresh pursuit of an offender beyond the exterior boundaries of the reservation;
     (i) The chief of the Washington state patrol, or his or her designee, and the Indian nation or tribe or the appropriate federal official is required to meet at least annually at the call of the chief of the Washington state patrol to discuss the status of the agreement and invite other law enforcement officials or other officials to attend as necessary.
     (4) For purposes of civil liability, a tribal officer exercising general authority law enforcement power granted under this chapter shall be considered an employee of the jurisdiction that commissioned the officer while he or she is exercising the power. The jurisdiction that commissioned the officer shall be civilly liable for any tortious acts or omissions committed by a tribal law enforcement officer while exercising the general authority law enforcement power granted under this chapter to the same extent as if the tribal law enforcement officer was an employee of the jurisdiction that commissioned the officer.
     (5) Nothing in this section impairs or affects the existing status and sovereignty of an Indian nation or tribe as established under the laws of the United States.
     (6) Nothing in this section limits, impairs, or nullifies the authority of a county sheriff to appoint duly commissioned state or federally certified tribal law enforcement officers as deputy sheriffs authorized to enforce the criminal and traffic laws of Washington.

NEW SECTION.  Sec. 3   Sections 1 and 2 of this act constitute a new chapter in Title 10 RCW.