Catawba Nation Police Department

2025-2026 Bill 5059: Catawba Nation Police Department - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 5059
STATUS INFORMATION
General Bill
Sponsors: Reps. C. Mitchell, B. Newton, Sessions, Pope, Martin, Yow and Wetmore
Document Path: LC-0295DG26.docx
Introduced in the House on January 29, 2026
Currently residing in the House
Summary: Catawba Nation Police Department
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

1/29/2026

House

Introduced and read first time (
House Journal-page 13
)

1/29/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 13
)

4/14/2026

House

Member(s) request name added as sponsor: Wetmore

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
01/29/2026

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER
53 TO TITLE 23 SO AS TO RECOGNIZE THE CATAWBA NATION POLICE DEPARTMENT AS AN
OFFICIAL LAW ENFORCEMENT AGENCY IN THIS STATE, TO AFFIRM CURRENT POWERS AND
DUTIES OF THE DEPARTMENT, TO PROVIDE QUALIFICATIONS FOR OFFICERS OF THE
DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ENTER INTO MUTUAL AID AGREEMENTS
WITH OTHER LAW ENFORCEMENT AGENCIES.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
T
itle 23 of the S.C. Code is amended by adding:

C
HAPTER 53

C
atawba Nation Police Department

S
ection
23-53-10
.
T
he General Assembly finds:

(
1)
The Catawba Indian Nation, pursuant to its inherent sovereignty and with the
agreement of the State, pursuant to Section
27-16-70
(C), has established the
Catawba Nation Police Department to enforce law on Catawba lands. The Catawba
Nation Police Department operates under the inherent sovereignty of the Catawba
Nation. While on duty Catawba police officers wear distinctive uniforms bearing
the seal of the Catawba Indian Nation.

(
2)
The Catawba Nation Police Department's territorial jurisdiction is currently
limited to Catawba lands. Within Catawba lands, they have jurisdiction to
enforce Catawba Indian Nation Tribal laws and federal and state criminal laws.
The enforcement of state law on Catawba lands by Catawba police officers is
concurrent and does not diminish the primary authority or jurisdiction of the
Catawba Nation to enforce its own tribal laws.

(
3)
Catawba police officers are required to undergo and pass the same course of
training required of sheriff's deputies in the State and take an oath of office
prescribed by the law of the Catawba Indian Nation.

(
4)
Catawba police officers are peace officers. While in the performance of their
duties, they have all the powers of municipal and county police officers to
make arrests for both felonies and misdemeanors and possess all of the common
law and statutory powers, privileges, and immunities of police officers. The
duties of Catawba police officers include, but are not limited to:

(
a)
enforcement of laws prohibiting unlawful conduct on Catawba lands, and
protecting all persons and property located there from injury, harm, and damage;
and

(
b)
enforcing and assisting officials of the Catawba Indian Nation in the
enforcement of the tribal law, the laws of the State, county and municipal
ordinances, and assisting and cooperating with other law enforcement agencies
and officers.

(
5)
The Catawba Indian Nation has established a system of ranks and grades within
the Catawba Nation Police Department and a promotion policy to ensure efficient
operation of the department and the establishment of responsibility in it.

S
ection
23-53-20
.
A
s used in this chapter:

(
1)
"Catawba Indian Nation," "Catawba Indian Tribe," "Catawba Nation," "Nation," or
"Tribe," means the Catawba Indian Nation as constituted in aboriginal times that
was party to the Treaty of Pine Tree Hill in 1760 as confirmed by the Treaty of
Augusta in 1763, that was also party to the Treaty of Nation Ford in 1840, and
is a federally recognized tribe that continues to exercise its inherent
sovereignty.

(
2)
"Catawba lands" means all lands held in trust by the United States for the
benefit of the Catawba Indian Nation and lands held in fee simple by the
Catawba Indian Nation.

(
3)
"Catawba Nation Police Department" means the tribal law enforcement agency
established by the Catawba Indian Nation, under its own inherent sovereignty
and pursuant to its status as a federally recognized Indian tribe with
jurisdiction over its lands and citizens, to provide policing and public safety
services on Catawba lands.

(
4)
"Catawba police officer" means a sworn officer employed by the Catawba Nation
Police Department whose duties include enforcement, as relevant, of Catawba
Indian Nation Tribal laws, state and federal criminal laws, protection of life
and property, preservation of public order, and prevention, detection, or
investigation of crime. It does not include personnel of private security
companies.

S
ection
23-53-30
.
(
A) It is recognized that
Catawba police officers have the power to arrest persons outside Catawba lands
when the person arrested has committed a criminal offense within Catawba lands,
and the arrest is made during the person's immediate and continuous flight from
that territory.

(
B) In
addition to any other powers they may have, Catawba police officers operating
outside of Catawba lands shall have the powers specified by any mutual aid,
cross deputization, or intergovernmental agreements that the Nation enters into
with the State, or any county, incorporated municipality, or other political
subdivision of this State and these foregoing entities, along with any other
entity authorized in Chapter 20 to enter into mutual aid agreements, are
authorized to enter into such agreements with the Catawba Indian Nation. Nothing
in this chapter may be construed to preclude the Catawba Indian Nation from
entering into mutual aid, cross deputization, or intergovernmental agreements
with the State, or any county, incorporated municipality, or other political
subdivision of this State as permitted by applicable federal or tribal law.
Such agreements must be consistent with federal law, including the Indian Law
Enforcement Reform Act (25 U.S.C. Section 2801, et seq.) and in writing and
approved by authorized representatives of both parties. No such agreement
shall constitute a waiver of sovereign immunity unless such waiver is
explicitly stated and approved by the Catawba General Council.

(
C)
Outside of Catawba lands, Catawba police officers may designate and operate
emergency vehicles and patrol cars in the manner provided by law for municipal
and county law enforcement officers. Such a vehicle must bear distinctive and
conspicuous lettering which reads "Tribal Police" on the sides and rear of the
vehicle and must bear the seal of the Catawba Indian Nation.

(
D)
Catawba police officers acting under the authority of this chapter are entitled
to the same immunities, legal protections, and indemnification as state and
local law enforcement officers under state law and any other protections
provided by law. Catawba police officers acting under the authority of this
chapter are considered agents of the State for purposes of indemnification and
legal defense.

(
E) The
provisions of this chapter may not be construed as a diminution or modification
of the authority or responsibility of a municipal police department, sheriff,
constable, or other peace officer.

S
ection
23-53-40
.
A
t the time of their employment, Catawba
police officers authorized to exercise the powers granted in Section
23-53-30

must:

(
1)
be not less than twenty-one years of age;

(
2)
have complied with the training requirement established by Section
27-16-70
(C);
and

(
3)
be a sworn officer under an oath of office which requires them to protect and
defend the constitutions of the State of South Carolina and the United States.

S
ection
23-53-50
.
(
A) Vehicles used for
police purposes by the Catawba Nation Police Department outside Catawba lands
are considered emergency vehicles and must be equipped with red or blue lights
or combination of such lights, and sirens. They must operate in conformance
with the requirements of Chapter 5, Title 56.

(
B)
The Catawba Nation Police Department may install, maintain, and operate radio
systems on radio frequencies under licenses issued by the Federal
Communications Commission, or its successor.

S
ection
23-53-60
. Catawba police officers authorized to enforce laws outside of
Catawba lands are exempt from the reporting requirements of Section
23-1-80
provided
they are employed by the Catawba Nation Police Department.

S
ection
23-53-70
.
(
A) It is unlawful for a
person to falsely represent himself to be a Catawba police officer, agent, or
employee of the Catawba Nation Police Department, or arrest, detain, search, or
question any person or property of a person, nor may a person without the
authority of the Catawba Indian Nation wear its official uniform, insignia,
badge, seal, or identification of the Catawba Nation Police Department.

(
B) A
person who violates the provisions of this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than fifty dollars nor more than
one thousand dollars or imprisoned for not less than ten days nor more than
ninety days, or both.

S
ection
23-53-80
. Persons arrested by a Catawba police officer outside of Catawba
lands must be processed in the manner persons arrested are processed by
municipal and county law enforcement officers.

S
ection
23-53-90
. All Catawba police officer candidates may attend and be trained at
any state academy, facility, or training necessary to complete the training
requirement specified in Section
27-16-70
(C)(1). The South Carolina Criminal
Justice Academy shall provide access and certification to qualified Catawba
police officer candidates under the same terms and standards applied to county
and municipal officers. No additional requirements or fees over those required
for county or municipal officers may be imposed. Training expenses must be paid
by the Catawba Indian Nation. A representative of the Nation shall certify that
the person concerned is to be employed and request that the person be admitted
for training.

S
ection
23-53-10
0.
T
he provisions of this chapter may not be
construed:

(
1)
as conferring authority on the Catawba Indian Nation, but rather must be
construed as recognizing and respecting its existing sovereign authority;

(
2)
to limit, alter, or impair the inherent sovereignty of the Catawba Indian
Nation, or any right, privilege, or authority of the Nation under federal law,
treaties, or the Catawba Nation's Constitution;

(
3)
to prevent the Catawba Indian Nation from employing or continuing to employ
guards, gatekeepers, and other security personnel. The chapter only applies to
those security officers who are granted the additional law enforcement
authority, including the power to arrest, provided for officers who fulfill the
requirements and meet the standards prescribed in this chapter;

(
4)
to diminish the authority of other federal, state, county, or municipal law
enforcement agencies; or

(
5)
to alter any jurisdictional provisions of federal law, or affect jurisdictional
agreements authorized under federal law.

S
ECTION 2. If any section, subsection,
paragraph, subparagraph, sentence, clause, phrase, or word of this act is for
any reason held to be unconstitutional or invalid, such holding shall not
affect the constitutionality or validity of the remaining portions of this act,
the General Assembly hereby declaring that it would have passed this act, and
each and every section, subsection, paragraph, subparagraph, sentence, clause,
phrase, and word thereof, irrespective of the fact that any one or more other
sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases,
or words hereof may be declared to be unconstitutional, invalid, or otherwise
ineffective.

S
ECTION 3. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 29, 2026 at 10:49 AM