(1) Tribal police officers under subsection (2) of this section
shall be recognized and authorized to act as general authority
Washington peace officers. A tribal police officer recognized
and authorized to act as a general authority Washington peace
officer under this section has the same powers as any other
general authority Washington peace officer to enforce state laws
in Washington, including the power to make arrests for violations
of state laws.
(2) A tribal police officer may exercise the powers of law
enforcement of a general authority Washington peace officer under
this section, subject to the following:
(a) The appropriate sovereign tribal nation shall submit to
the department of enterprise services proof of public liability
and property damage insurance for vehicles operated by the peace
officers and police professional liability insurance from a
company licensed to sell insurance in the state. For purposes of
determining adequacy of insurance liability, the sovereign tribal
government must submit with the proof of liability insurance a
copy of the interlocal agreement between the sovereign tribal
government and the local governments that have shared
jurisdiction under this chapter where such an agreement has been
reached pursuant to subsection (10) of this section.
(i) Within the thirty days of receipt of the information
from the sovereign tribal nation, the department of enterprise
services shall either approve or reject the adequacy of
insurance, giving consideration to the scope of the interlocal
agreement. The adequacy of insurance under this chapter shall be
subject to annual review by the department of enterprise
services.
(ii) Each policy of insurance issued under this chapter must
include a provision that the insurance shall be available to
satisfy settlements or judgments arising from the tortious
conduct of tribal police officers when acting in the capacity of
a general authority Washington peace officer, and that to the
extent of policy coverage neither the sovereign tribal nation nor
the insurance carrier will raise a defense of sovereign immunity
to preclude an action for damages under state or federal law, the
determination of fault in a civil action, or the payment of a
settlement or judgment arising from the tortious conduct.
(b) The appropriate sovereign tribal nation shall submit to
the department of enterprise services proof of training
requirements for each tribal police officer. To be authorized as
a general authority Washington peace officer, a tribal police
officer must successfully complete the requirements set forth
under RCW 43.101.157. Any applicant not meeting the requirements
for certification as a tribal police officer may not act as a
general authority Washington peace officer under this chapter.
The criminal justice training commission shall notify the
department of enterprise services if:
(i) A tribal police officer authorized under this chapter as
a general authority Washington state peace officer has been
decertified pursuant to RCW 43.101.157; or
(ii) An appropriate sovereign tribal government is otherwise
in noncompliance with RCW 43.101.157.
(3) A copy of any citation or notice of infraction issued,
or any incident report taken, by a tribal police officer acting
in the capacity of a general authority Washington peace officer
as authorized by this chapter must be submitted within three days
to the police chief or sheriff within whose jurisdiction the
action was taken. Any citation issued under this chapter shall
be to a Washington court, except that any citation issued to
Indians within the exterior boundaries of an Indian reservation
may be cited to a tribal court. Any arrest made or citation
issued not in compliance with this chapter is not enforceable.
(4) Any authorization granted under this chapter shall not
in any way expand the jurisdiction of any tribal court or other
tribal authority.
(5) The authority granted under this chapter shall be
coextensive with the exterior boundaries of the reservation,
except that an officer commissioned under this section may act as
authorized under RCW 10.93.070 beyond the exterior boundaries of
the reservation.
(6) For purposes of civil liability under this chapter, a
tribal police officer shall not be considered an employee of the
state of Washington or any local government except where a state
or local government has deputized a tribal police officer as a
specially commissioned officer. Neither the state of Washington
and its individual employees nor any local government and its
individual employees shall be liable for the authorization of
tribal police officers under this chapter, nor for the negligence
or other misconduct of tribal officers. The authorization of
tribal police officers under this chapter shall not be deemed to
have been a nondelegable duty of the state of Washington or any
local government.
(7) Nothing in this chapter impairs or affects the existing
status and sovereignty of those sovereign tribal governments
whose traditional lands and territories lie within the borders of
the state of Washington as established under the laws of the
United States.
(8) Nothing in this chapter limits, impairs, or nullifies
the authority of a county sheriff to appoint duly commissioned
state or federally certified tribal police officers as deputy
sheriffs authorized to enforce the criminal and traffic laws of
the state of Washington.
(9) Nothing in this chapter limits, impairs, or otherwise
affects the existing authority under state or federal law of
state or local law enforcement officers to enforce state law
within the exterior boundaries of an Indian reservation or to
enter Indian country in fresh pursuit, as defined in RCW 10.93.120, of a person suspected of violating state law, where
the officer would otherwise not have jurisdiction.
(10) An interlocal agreement pursuant to chapter 39.34 RCW
is required between the sovereign tribal government and all local
government law enforcement agencies that will have shared
jurisdiction under this chapter prior to authorization taking
effect under this chapter. Nothing in this chapter shall limit,
impair, or otherwise affect the implementation of an interlocal
agreement completed pursuant to chapter 39.34 RCW by July 1,
2008, between a sovereign tribal government and a local
government law enforcement agency for cooperative law
enforcement.
(a) Sovereign tribal governments that meet all of the
requirements of subsection (2) of this section, but do not have
an interlocal agreement pursuant to chapter 39.34 RCW and seek
authorization under this chapter, may submit proof of liability
insurance and training certification to the department of
enterprise services. Upon confirmation of receipt of the
information from the department of enterprise services, the
sovereign tribal government and the local government law
enforcement agencies that will have shared jurisdiction under
this chapter have one year to enter into an interlocal agreement
pursuant to chapter 39.34 RCW. If the sovereign tribal
government and the local government law enforcement agencies that
will have shared jurisdiction under this chapter are not able to
reach agreement after one year, the sovereign tribal governments
and the local government law enforcement agencies shall submit to
binding arbitration pursuant to chapter 7.04A RCW with the
American arbitration association or successor agency for purposes
of completing an agreement prior to authorization going into
effect.
(b) For the purposes of (a) of this subsection, those
sovereign tribal government and local government law enforcement
agencies that must enter into binding arbitration shall submit to
last best offer arbitration. For purposes of accepting a last
best offer, the arbitrator must consider other interlocal
agreements between sovereign tribal governments and local law
enforcement agencies in Washington state, any model policy
developed by the Washington association of sheriffs and police
chiefs or successor agency, and national best practices.
[2011 1st sp.s. c 43 § 519; 2008 c 224 § 2.]
NOTES:
Effective date -- Purpose -- 2011 1st sp.s. c 43: See notes following RCW 43.19.003.
Effective date -- 2008 c 224: See note following RCW 10.92.010.