BILL REQ. #:  S-0776.1 

Read first time 02/05/2007.   Referred to Committee on Judiciary.

     AN ACT Relating to the authorization of tribal, Indian nation, and bureau of Indian affairs law enforcement and public safety 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   (1) Duly sworn and commissioned tribal law enforcement or public safety officers who are employed by a tribal government, Indian nation, or the bureau of Indian affairs, and are assigned in Washington state, when entered into an agreement under section 2 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.
     (2) Tribal law enforcement or public safety officers who are subject to an agreement with the Washington state patrol must successfully complete four hundred hours of basic police training that is approved by the director of the Washington law enforcement academy.

NEW SECTION.  Sec. 2   (1) Tribal law enforcement or public safety officers may exercise general authority peace officer powers over non-Indian persons if the employing tribal government, Indian nation, or the bureau of Indian affairs has entered into a written agreement with the Washington state patrol, and the agreement contains the following conditions:
     (a) The tribe or Indian nation, but not the bureau of Indian affairs, agrees to submit proof of adequate public liability and property damage insurance for vehicles operated by law enforcement or public safety officers and police professional liability insurance from a company licensed to sell insurance in Washington state;
     (b) The tribe, Indian nation, or the bureau of Indian affairs agrees that the chief of the Washington state patrol has the authority to suspend any commission for reasons solely within the chief's discretion;
     (c) The tribe, Indian nation, or the bureau of Indian affairs agrees that if any provision of the agreement is violated by the tribe, Indian nation, or the bureau of Indian affairs, or any of its agents, the chief of the Washington state patrol shall suspend the agreement with five days' notice. The suspension shall last until the chief is satisfied that the violation has been corrected and will not recur;
     (d) The tribe, Indian nation, or the bureau of Indian affairs agrees that any citation issued pursuant to a commission shall be to a court of Washington state, except that any citations issued to Indians within the exterior boundaries of an Indian reservation may be cited to a tribal court;
     (e) The tribe, Indian nation, or the bureau of Indian affairs agrees to meet with the chief or chief's designee of the Washington state patrol annually or more frequently at the call of the chief of the Washington state patrol to discuss the status of the agreement, and invite other law enforcement or other officials to attend as necessary;
     (f) Commissioned tribal law enforcement or public safety officers shall submit a copy of any citation issued pursuant to a commission within five days to the chief of the Washington state patrol; and
     (g) Commissioned tribal law enforcement or public safety officers may proceed in hot pursuit of an offender beyond the external boundaries of Indian reservations.
     (2) Nothing in this section impairs or affects the existing status and sovereignty of a tribe or Indian nation as established under the laws of the United States.
     (3) Nothing in this section limits, impairs, or nullifies the authority of county sheriffs to appoint duly commissioned state or federally certified officers who are employees of a police or public safety department of a tribe or Indian nation, or who are federal law enforcement officers employed by the bureau of Indian affairs as deputy sheriffs authorized to enforce Washington criminal and traffic laws.

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