Wind River Reservation law enforcement.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0104

HOUSE BILL
NO.

HB0027

Wind River Reservation law enforcement.

Sponsored by:
Joint Judiciary Interim Committee

A BILL

for

AN ACT relating to law enforcement; authorizing
tribal
law enforcement officers to enforce state traffic laws as specified; providing for liability coverage;
providing for certification;
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
and 9
‑
1
‑
712

are
created to read:

7
‑
2
‑
109.

Authority of tribal law enforcement officers.

(a)

The 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 and all users of public roads and highways on the Wind River Indian Reservation. The grant of authority
is
intended to increas
e
the number of law enforcement officers available to quickly and effectively respond to traffic violations, including driving under the influence of alcohol
.

(b)

Except as provided in subsection (k) of this section, t
ribal law enforcement officers
who are certified in accordance with W.S. 9
‑
1
‑
712
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
)

Exercising 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 granted by this section provided the entity employing the officer has entered into an agreement with the state
, to be signed by the attorney general,
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 the administration of chemical tests
. The agreement
entered in
to
under this subsection
shall also provide that the entity employing the arresting officer agrees
to pay the expenses associated with:

(
i
)

Chemical tests administered at the direction of a tribal law enforcement officer;

(ii)

The cost of transporting prisoners; and

(iii)

Medical costs incurred in the care of offenders until the offender is transferred to a county detention facility.

(
d
)

A tribal law enforcement officer

in connection with the enforcement of
state traffic laws
pursuant to this section may:

(
i
)

Testify in state courts as a law enforcement witness;

(i
i
)

Make arrests as provided in W.S. 7
‑
2
‑
102 and i
ssue 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;

(iv
)

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

(v
i
)

Transport
prisoners.

(e
)

If an offender is taken into custody by a tribal
l
aw enforcement officer
, 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)

E
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 laws 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 state 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
.

(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
)

Tribal law enforcement officers are not authorized to enforce state traffic laws as set forth in this section if the contact between the officer and the offender resulted from a roadblock within the Wind River Indian Reservation which is not in compliance with title 7, chapter 17 of the Wyoming statutes.

(m)

As used in this section:

(
i
)

"
Chemical test
"
means
as defined by W.S. 31
‑
5
‑
233(
a)(viii);

(
ii)

"State traffic laws" means title 31
of the Wyoming statutes
and regulations promulgated pursuant to those statutes;

(
iii
)

"
Tribal law enforcement officer
"
means any 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 is certified in accordance with
W.S.
9
‑
1
‑
712
;

(
i
v
)

"
Wind River Indian Reservation
"
means that part of the Wind River Indian Reservation that is
"
Indian Country
"
as defined in
t
itle 18 U
.S.
C
.

§
1151.

9
‑
1
‑
712.

Qualifications for
tribal law enforcement officer to enforce state traffic laws
on the Wind River Indian Reservation.

The commission shall provide in its rules for
training and
certification
of tribal law enforcement offic
ers as defined by W.S. 7
‑
2
‑
109(
m
)(iii)

to enforce
state traffic laws as
provided
under
W.S
.
7
‑
2
‑
109.
The training requirements shall allow for certification of tribal law enforcement officers with
training which is comparable to
basic peace officer training requirements for peace officers appointed on a permanent bas
i
s.

The commission shall
also
establish grounds for denial and revocation of
a
certification
, which de
nial or revocation of a certif
ication shall not be subject to
administrative review.

Section 2.

W.S. 1
‑
39
‑
103(
a)(iii)
,
1
‑
41
‑
102(a)(iv)
and 9
‑
1
‑
703(b) by creating a new paragraph (xi)
are amended to read:

1
‑
39
‑
103.

Definitions.

(a)

As used in this act:

(iii)

"Peace officer"
:

(A
)

M
eans

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)

Means
tribal law enforc
ement officers while enforcing
state traffic law
s

in accordance with
W.S. 7
‑
2
‑
109
, and subject
to
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 enforce
ment officers while enforcing
state traffic law
s

in accordance with
W.S. 7
‑
2
‑
109
, and subject
to
the limitations provided in W.S. 7
‑
2
‑
109(
h).

9
‑
1
‑
703.

Director; appointment; term; powers and duties.

(b)

With the approval of the commission, the director may:

(xi)

Certify t
ribal law enforcement officers
to
enforc
e
state traffic law
s

in accordance with
W.S. 7
‑
2
‑
109
.

Section 3
.
This act is effective July 1, 201
3
.

(END)

1
HB0027