Washington House Democrats

Legislature expands law enforcement resources through partnership with tribal police

March 11, 2008

OLYMPIA – The Legislature approved a bill yesterday to extend police powers to tribal officers and allow tribal police to arrest or detain non-tribal members on reservations in some cases, such as a response to an emergency involving immediate threat to human life or property, executing an arrest warrant or search warrant, or when in pursuit.

If a non-tribal member is detained or given a citation by an authorized tribal police officer, the tribal officer must submit copies of any citation, notice of infraction, or any incident report to the appropriate local police chief or sheriff within three days. Any citation must be to Washington courts.

"I had concerns about the original bill as it left the House and I had requested several changes to ensure more accountability," said Rep. Kelli Linville (D-Bellingham), who originally voted against the measure, House Bill 2476. "Tribal and non-tribal police in Whatcom County already have a good working relationship, and I believe this bill will not interfere with that."

Linville said sovereignty and liability issues require careful consideration, and she did not think the original bill reached that level. Specifically, Linville wanted to see:

- Interlocal agreement: The sovereign tribal nation and local government must enter into an interlocal agreement.

- Binding arbitration: If an interlocal agreement is not reached, the tribe must submit to binding arbitration with the local government in order to reach an agreement.

- Strong liability coverage: The tribes must retain adequate liability insurance and waive the defense of immunity for torts committed by Indian police against non-Indians.

- Model policy from police chiefs and sheriffs.

"Since the final bill included interlocal agreements, arbitration, strong liability coverage, and model policy, I was able to support the measure," said Linville.

The bill approved by the Legislature now goes to the Governor’s desk for consideration.

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Information:

HB 2476: http://apps.leg.wa.gov/billinfo/summary.aspx?bill=2476&year=2008