HB0021 • 2013

Peace officer immunity.

AN ACT relating to peace officers; expanding immunity and benefits for peace officers providing law enforcement assistance on the Wind River Indian Reservation; and providing for an effective date.

Energy

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Judiciary
Last action: 2013-02-19
Official status: enrolled
Effective date: 7/1/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0021HS001

Standing Committee • H01

Adopted

Plain English: Adopted Standing Committee by H01

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

HB0021SS001

Standing Committee • SCHIFFER

Adopted

Plain English: Adopted Standing Committee by SCHIFFER

This amendment summary is using official source text because generated interpretation was skipped for this run.
The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

2013-02-19 LSO
Assigned Chapter Number
2013-02-15 Governor
Governor Signed HEA0026
2013-02-12 Senate
S President Signed HEA No. 0026
2013-02-12 House
H Speaker Signed HEA No. 0026
2013-02-11 LSO
Assigned Number HEA0026
2013-02-11 House
H Did Concur
2013-02-11 House
H Received for Concurrence
2013-02-11 Senate
S Passed 3rd Reading
2013-02-08 Senate
S Passed 2nd Reading
2013-02-07 Senate
S Passed CoW
2013-02-07 Senate
S Amendments Adopted
2013-02-07 Senate
Amendment Adopted
2013-02-06 Senate
S Placed on General File
2013-02-06 Senate
S01 Recommended Amend and Do Pass
2013-01-28 Senate
S Introduced and Referred to S01
2013-01-16 Senate
S Received for Introduction
2013-01-15 House
H Passed 3rd Reading
2013-01-14 House
H Passed 2nd Reading
2013-01-11 House
H Passed CoW
2013-01-11 House
H Amendments Adopted
2013-01-11 House
Amendment Adopted
2013-01-11 House
H Placed on General File
2013-01-11 House
H01 Recommended Amend and Do Pass
2013-01-08 House
H Introduced and Referred to H01
2013-01-08 House
H Received for Introduction
2012-11-30 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0021
Drafter:

LNS

LSO No.:
13LSO-0072
Effective Date:

7/1/2013

Enrolled Act No.:
HEA0026

Chapter No.:
CH0046

Prime Sponsor:
Joint Judiciary Interim Committee

Catch Title:
Peace officer immunity.

Subject:
Immunity
of peace officers providing assistance on the Wind River Indian Reservation
under memorandum of understanding.

Summary/Major
Elements:

Provides governmental
immunity to peace officers when providing law enforcement assistance on the
Wind River Indian Reservation pursuant to a memorandum of understanding between
the Department of the Interior, Federal Bureau of Indian Affairs or the tribes,
and the state, county, city or town providing the assistance.

Requires the memorandum
of understanding contain a provision for immunity from suit in tribal court for
activities occurring pursuant to the law enforcement assistance provided.

Provides that
any suit relating to the law enforcement assistance provided shall be brought
under the Wyoming Governmental Claims Act in state court or, if appropriate, shall
be brought in federal district court.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0021

ENROLLED ACT NO. 26, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
peace office
r
s;
expanding
immunity and benefits for
peace officers
providing law enforcement
assistance
on the Wind River Indian Reservation;

requiring agreements between specified parties; specifying the courts in which claims may be brought;
and providing for an effective date.

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

Section 1.
W.S. 7
‑
2
‑
106(c) is amended to read:

7
‑
2
‑
106.

Extraterritorial authority of peace officers; requests for assignment of peace officers; liability; compensation.

(c)

A peace officer acting pursuant to subsection (a), (b) or (f) of this section
outside
his own jurisdiction
,
or
a peace officer
when providing
law enforcement assistance on the Wind River
Indian Reservation

pursuant to a memorandum of u
nderstanding entered in advance and
approved by the attorney general, between the department of the interior,
Federal Bureau of Indian Affairs
or the tribes and the state, county, city or town providing the assistance
,

shall be deemed to be acting within the scope of his duties for purposes of the Wyoming Governmental Claims Act and the state self-insurance program, W.S. 1
‑
41
‑
101 through 1
‑
41
‑
111, or the local government self-insurance program, W.S. 1
‑
42
‑
201 through 1
‑
42
‑
206.
The memorandum of understanding shall contain a provision for immunity from suit in tribal court for activities occurring pursuant to any law enforcement assistance provided under this subsection. Any suit relating to those activities shall be brought only under the terms of the Wyoming Governmental Claims Act in the state district court having jurisdiction, or in the federal
district court for the district of Wyoming, if appropriate.
All privileges and immunities from liability, and all pension, disability, worker's compensation and other benefits which normally apply to peace officers while they perform their duties in their own jurisdiction shall also apply to them when acting as provided in subsection (a), (b) or (f) of this section

and shall apply to peac
e officer
s
when providing
law enforcement assistance

on the Wind River
Indian Reservation
pursuant to this subsection
. For
purposes of W.S. 27
‑
14
‑
104

and subsection (a), (b) or (f) of this section
, the requesting and assigning law enforcement agencies shall be a joint employer as defined under W.S. 27
‑
14
‑
102(a)(xix) and the designated peace officer shall be a joint employee as defined under W.S. 27
‑
14
‑
102(a)(xxi).

Section 2.

Th
is act is effective July 1, 2013
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk