Wind River Reservation-enforcement of traffic violations.

WORKING DRAFT
2012
STATE OF
WYOMING
12LSO-0203

HOUSE BILL
NO.
HB0083

Wind River Reservation-enforcement of traffic violations
.

Sponsored by:
Select Committee on Tribal Relations

A BILL

for

AN ACT relating to law enforcement; authorizing tribal and Bureau of Indian Affairs law enforcement officers to enforce state
traffic
laws as specified; providing for l
iability
coverage
; providing
definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
‑
2
‑
109 is created to read:

7
‑
2
‑
109.

Authority of tribal law enforcement officers.

(a)

The purpose of this section is to permit tribal law enforcement officers

to enforce
state
traffic laws on the Wind River Indian Reservation.
T
he legislature finds that
allowing tribal law enforcement officers to enforce
state
traffic laws
is in the best interest of the
residents of the Wind River Indian Reservation,
Fremont County
and all users of public roads and highways on the
Wind River Indian
Reservatio
n.
The grant of
authority under this section is intended
to
promote the safety of
all users of
public streets and highways on the Wind River Indian Reservation by
increasing the number of law enforcement officers available to
quick
ly
and effect
ive
ly
respon
d
to traffic vio
lations
,
including driving
under the influence of alcohol. This section is not intended to alter
or limit
in any manner
the current authority or jurisdiction of state
and
local law enforcement officers to
respond to or
enforce
violations of
state law on the Wind River Indian Reservation.

(b)

Tribal law enforcement officers are authorized to enforce
state traffic laws as
set forth in
this section
.
The authority of
tribal law enforcement
officers
under this section
shall be limited to:

(i)

E
xercising the authority a
Wyoming
peace officer is authorized to exercise

in
the enforcement
of
state traffic
laws

within the Wind River Indian Reservation
;
and

(ii)

Fresh pursuit of a person whom the officer has probable cause to believe has committed a violation of
a
state
traffic law
within the Wind River Indian Reservation and enforcing violations of state
traffic laws t
hat have occurred outside of the Wind River Indian Reservation
observed
in the course of the fresh pursuit.

(c
)

A tribal law enforcement officer may exercise the authority g
ranted by this section provided
the entity employing the officer has entered into an agreement with the state to comply with all applicable requirements and regulations of the department of transportation and the department of health
with respect to implementation and administration of
state traffic laws
, including t
he administration of chemical tests
,
and to

pay
the
expenses associated with:

(
i
)

C
hemical
test
s
administered at the direction of a tribal law enforcement officer
;

(
ii
)

The
cost of transporting prisoners;
and

(i
i
i)

Medical costs incurred in
the care of
offenders until the offender i
s transferred to a
county detention faci
lity.

(
d
)

A tribal law enforcement officer

in connection with the enforcement of
state traffic law
s

pursuant to this section may:

(
i
)

Testify in state courts as a law enforcement witness;

(i
i
)

Issue citations into state court as provided in W.S. 7
‑
2
‑
103;

(iii
)

Apply for search warrants, arrest warrants and other appropriate writs in circuit or state district court;

(
i
v
)

Execute warrants and writs outside the Wind River Indian Reservation provided the officer is accompanied by a peace officer employed by the jurisdiction in which the action is taken
;

(v
)

Utilize t
he chemical testing laboratory of the Wyoming public health l
aboratory
; and

(v
i
)

Transport prisoners.

(e
)

If an o
ffender
is
taken into custody by a tribal office
r,
the offender
shall be
promptly
delivered to the
appropriate county
detention center

unless the offender
requires
immediate medical
attention
.

An offender

requiring

immediate medical
attention
shall be
delivered
to the appropriate county detention facility
when
the offender
is released from medical care.

(f
)

A tribal law enforcement officer making an arrest or issuing a citation for violation of
a
state
traffic law
pursuant to this section shall
:

(i)

R
eport the action to the appropriate county or state law enforcement official
s
with jurisdiction over the matter within twenty-four (24) hours
;

(ii)

I
nsure that all necessary copies of citations and other documents are filed in the appropriate
state court and with the appropriate county prosecu
ting attorney within twenty-four (24) hours;
and

(iii)

Comply with all statutory, regulatory and administrative requirements of the department of transportation
and the department of health

applicable to the administration and enforcement of
state traffic laws
.

(
g
)

All p
ension, relief, disability, workers
'
compensation insurance and other benefits which apply to
the officer and to the entity by whom he is empl
oyed when the officer is
engaged in the performance of his duties enforcing tribal or federal law within the Wind River Indian Reservation
shall apply
to the same degree and extent
when the officer
is enforcing state
traffic
law
s

pursuant to this section.

(h
)

N
otwithstanding any other provision of law to the contrary, any
tribal law enforcement officer while enforcing
a
state traffic law pursuant to this section
shall, for
civil liability
arising out of such services
, b
e considered a
peace officer and
employee
of the
s
tate of Wyoming
for purposes of coverage and representation under the Wyoming Governmental Claims Act, W.S. 1
‑
39
‑
101 through
1
‑
39
‑
121, and the state self-insurance program,
W.S. 1
‑
41
‑
101 through 1
‑
41
‑
111
.
This subsection shall not apply if
liability arising out of such services lies against the United States
or would lie against the United States if the action were properly brought under federal law.

(j
)

Nothing in this section shall be interpreted to limit or prevent the sheriff of Fremont or Hot Springs County from deputizing a tribal law enforcement officer under
his
separate authority and in
his
discretion.

(k
)

Nothing in this section shall be interpreted to give any federal law enforcement officer or
entity
not specified in this section any aut
hority to enforce state laws
.

(m
)

It shall not be a defense to any charge or
arrest made under
a
state
traffic law
pursuant to this section that the contact between the officer and offender resulted from a road
block
within the Wind River Indian Reservation
which meets federal constitutional standard
s
, but is no
t
in

compliance with title 7, chapter 17
of the Wyoming statutes
.

(n
)

As used in this section:

(i
)

"
Chemical test
"
means
as defined by W.S.
3
1
‑
5
‑
233(a)
(viii);

(ii)

"
Peace officer
"
means as defined by W.S. 7
‑
2
‑
101
(a)
(iv)(A) and (B);

(i
i
i)

"
State traffic law
s
"
mean
s

title 31

of the Wyoming statutes
and regulations promulgated pursuant to those statu
t
es
;

(
i
v
)

"
Tribal law enforcement officer
"
means any duly authorized law enforcement officer
employed by
the Bureau of Indian Affairs, the Northern Arapaho Tribe or Eastern Shoshone Tribe who is authorized to enforce tribal or federal law within and upon the Wind River Indian Reservation and who:

(A)

Has successfully completed a basic course of professional law enforcement training at the Bureau of Indian Affairs Police Academy;

(B)

Has successfully completed a basic course of law enforcement training at the Federal Law Enforcement Training Center;

(C)

Has successfully completed a basic course of peace officer law enforcement training at the Wyoming Law Enforcement Academy;

(D)

Has completed the requirements and been certified as a peace officer by the Wyoming Peace Officers Standards and Training Commission; or

(E)

Has received training equivalent to the training in subparagraphs (A) through (D) of this paragraph as approved and certified in writing for each such officer by the Wyoming attorney general.

(
v
)

"
Wind River Indian Reservation
"
means that part of the Wind River Indian Reservation that is
"
Indian Country
"
as defined in Title 18, United States Code, section 1151.

Section 2.

W.S. 1
‑
39
‑
103(a)(iii
)
and
1
‑
41
‑
102(a)(iv) are
amended to read:

1
‑
39
‑
103.

Definitions.

(a)

As used in this act:

(iii)

"
Peace officer
"
:

(A)

M
eans
a
s

d
efined by W.S. 7
‑
2
‑
101, but does not include those officers defined by W.S. 7
‑
2
‑
101(a)(iv)(K) or those officers defined by W.S. 7
‑
2
‑
101(a)(iv)(M) unless otherwise provided in the applicable mutual aid agreement;

(B)

I
ncludes tribal law enforcement officers while enforcing a state traffic law
in accordance with
W.S. 7
‑
2
‑
109
, and subject the limitations provided in W.S. 7
‑
2
‑
109(h)
.

1
‑
41
‑
102.

Definitions.

(a)

As used in this act:

(iv)

"
Peace officer
"
means
:

(A)

A
s
defined by W.S. 7
‑
2
‑
101, but does not include those officers defined by W.S. 7
‑
2
‑
101(a)(iv)(K) or those officers defined by W.S. 7
‑
2
‑
101(a)(iv)(M) unless otherwise provided in the applicable mutual aid agreement;

(B)

T
ribal law enforcement officers while enforcing a state traffic law
in accordance with
W.S. 7
‑
2
‑
109
, and subject the limitations provided in W.S. 7
‑
2
‑
109(h).

Section 3
.
This act is effective July 1, 2012.

(E
ND)

1
HB0083