CERTIFICATION OF ENROLLMENT

SENATE BILL 5083

Chapter 39, Laws of 2019

66TH LEGISLATURE

2019 REGULAR SESSION

INDIAN TRIBES--ADMISSION OF RECORDS AND PROCEEDINGS AS EVIDENCE

EFFECTIVE DATE: July 28, 2019

SENATE BILL 5083

BySenators McCoy, Hasegawa, and Saldaña

AN ACT Relating to allowing certain records, documents, proceedings, and published laws of federally recognized Indian tribes to be admitted as evidence in courts of Washington state; and amending RCW 5.44.010, 5.44.040, and 5.44.050.

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

Sec. 1. RCW 5.44.010 and 1997 c 358 s 7 are each amended to read as follows:

The records and proceedings of any court of the United States, or any state or territory, ((shall be))or any federally recognized Indian tribe, are admissible in evidence in all cases in this state when duly certified by the attestation of the clerk, prothonotary or other officer having charge of the records of such court, with the seal of such court annexed.

Sec. 2. RCW 5.44.040 and 1991 c 59 s 1 are each amended to read as follows:

Copies of all records and documents on record or on file in the offices of the various departments of the United States and of this state or any other state or territory of the United States or any federally recognized Indian tribe, when duly certified by the respective officers having by law the custody thereof, under their respective seals where such officers have official seals, ((shall))must be admitted in evidence in the courts of this state.

Sec. 3. RCW 5.44.050 and Code 1881 s 435 are each amended to read as follows:

Printed copies of the statute laws of any state, territory, ((or)) foreign government, or federally recognized Indian tribe if purporting to have been published under the authority of the respective governments, or if commonly admitted and read as evidence in their courts, ((shall))must be admitted in all courts in this state, and on all other occasions as presumptive evidence of such laws.

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