Wind River Reservation law enforcement.

21LSO-0248
2021
STATE OF WYOMING
21LSO-0248
Numbered
2.0

SENATE FILE NO. SF0008

Wind River Reservation law enforcement.

Sponsored by: Select Committee on Tribal Relations

A BILL

for

AN ACT relating to law enforcement; authorizing tribal law enforcement officers to enforce state traffic laws as specified; requiring an agreement between state and tribal authorities; providing for liability coverage; requiring certification of tribal law enforcement officers by the peace officer standards and training commission; defining terms; requiring rulemaking; providing legislative findings; 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; legislative findings.

(a)

The legislature finds that allowing tribal law enforcement officers to enforce state traffic laws on the Wind River Indian Reservation 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 increase the number of law enforcement officers available to quickly and effectively respond to traffic violations, including driving under the influence offenses.

(b)

Tribal law enforcement officers who are certified according to W.S. 9
‑
1
‑
712 are authorized to enforce state traffic laws as set forth in this section, except as provided in subsection (m) of this section. The authority of tribal law enforcement officers certified according to W.S. 9
‑
1
‑
712 shall be limited to exercising the authority a Wyoming peace officer is authorized to exercise in enforcing state traffic laws, but only:

(i)

Within the geographic boundaries of the Wind River Indian Reservation; or

(ii)

While in fresh pursuit of a person who 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 that have occurred outside of the Wind River Indian Reservation observed in the course of the fresh pursuit.

(c)

To manage incidents occurring while acting pursuant to subsection (b) of this section, in advance of any incident, tribal law enforcement officers and state or local law enforcement agencies may enter into a written memorandum of understanding regarding operating procedures.

(d)

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 into under this subsection
shall also provide that the entity employing the arresting officer agrees to pay the expenses associated with any of the following:

(i)

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

(ii)

Transporting prisoners;

(iii)

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

(e)

A tribal law enforcement officer in connection with the enforcement of state traffic laws under this section may do any of the following:

(i)

Testify in state courts as a law enforcement witness;

(ii)

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

(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)

Use the chemical testing laboratory of the Wyoming public health laboratory;

(vi)

Transport prisoners.

(f)

If an offender is taken into custody by a tribal law enforcement officer under the authority of this section, 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.

(g)

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

(i)

Report the action to the appropriate state or local law enforcement officials with jurisdiction over the matter within twenty
‑
four (24) hours;

(ii)

Ensure that all necessary copies of citations and other documents are filed in the appropriate state court and with the appropriate county prosecuting attorney within twenty
‑
four (24) hours;

(iii)

Refer any public inquiry into the matter to state or local law enforcement according to operating procedures agreed to among the law enforcement agencies;

(iv)

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.

(h)

The same degree and extent of all pension, relief, disability, workers' compensation insurance and other benefits that apply to the officer and to the entity by whom the officer is employed when the officer is performing duties to enforce tribal or federal law within the Wind River Indian Reservation shall apply when the officer is enforcing state traffic laws under this section.

(j)

Notwithstanding any other provision of law to the contrary, any tribal law enforcement officer while enforcing a state traffic law under this section shall be 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
‑
120, 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.

(k)

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

(m)

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 that was not 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. 31
‑
5
‑
233(a)(viii);

(ii)

"State traffic laws" means title 31 of the Wyoming statutes and rules 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 according to W.S. 9
‑
1
‑
712.

9
‑
1
‑
712.

Certification of tribal law enforcement officer to enforce state traffic laws on the Wind River Indian Reservation; rulemaking.

(a)

The commission shall provide in its rules for training and certification of tribal law enforcement officers 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 that is comparable to basic peace officer training requirements for peace officers appointed on a permanent basis. The commission shall also provide in its rules grounds for denial, suspension and revocation of a certification. Proceedings regarding a denial, suspension or revocation of certification under this section shall be subject to the contested case procedures of the Wyoming Administrative Procedure Act.

(b)

The commission shall notify state and local law enforcement of a tribal law enforcement officer's certification and upon revocation of a certification under subsection (a) of this section.

Section 2.

W.S. 7
‑
2
‑
101(a)(intro) and (iv) by creating a new subparagraph (Q), 9
‑
1
‑
701(a)(xii), 9
‑
1
‑
703(b) by creating a new paragraph (xi) and 31
‑
5
‑
234(a)(iii) are amended to read:

7
‑
2
‑
101.

Definitions.

(a)

As used in W.S. 7
‑
2
‑
101 through
7
‑
2
‑
107
7
‑
2
‑
109
:

(iv)

"Peace officer" means:

(Q)

Tribal law enforcement officers while enforcing state traffic laws in accordance with and subject to the limitations in W.S. 7
‑
2
‑
109 and 9
‑
1
‑
712.

9
‑
1
‑
701.

Definitions.

(a)

As used in this act:

(xii)

"This act" means W.S. 9
‑
1
‑
701 through
9
‑
1
‑
709
9
‑
1
‑
712
;

9
‑
1
‑
703.

Director; appointment; term; powers and duties.

(b)

With the approval of the commission, the director may:

(xi)

Certify tribal law enforcement officers to enforce state traffic laws in accordance with W.S. 7
‑
2
‑
109 and 9
‑
1
‑
712.

31
‑
5
‑
234.

Unlawful operation of vehicle by youthful driver with detectable alcohol concentration; penalty.

(a)

As used in this section:

(iii)

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

and
(G)
and (Q)
;

Section 3
.

This act is effective July 1, 2021
.

(END)

1
SF0008