HB149 Alabama 2018 Session

Summary

Primary Sponsor

Randy Davis

Republican

Session

Regular Session 2018

Title

Poarch Creek Indians, granted police powers under certain conditions, employment of police officers , Secs. 36-21-120 to 36-21-124, inclusive, am'd.

Summary

HB 149 gives the Poarch Band of Creek Indians the same police powers they described for the Mowa Band of Choctaw Indians on their own lands in Alabama.

What This Bill Does

The bill amends Alabama law to extend police powers to the Poarch Band of Creek Indians by aligning them with the existing powers for the Mowa Band of Choctaw Indians. It defines police officers as POST-certified officers appointed by the tribe, clarifies what counts as a reservation (including tribal property), and states the intent to protect reservation boundaries and people. Officers can eject trespassers, arrest without a warrant for certain offenses on the reservation, and arrest with warrants as needed, but their authority is limited to reservation premises except for specific off-reservation pursuit or felony circumstances.

Who It Affects

• Poarch Band of Creek Indians: gains the authority to appoint and empower police officers on their reservation and related properties, with funding not provided by state or local law enforcement funds.
• Residents, employees, and visitors of the Poarch Creek and Mowa Choctaw reservations: subject to the authority of tribal police on the reservation, with rights to arrest or remove trespassers and enforce public offenses within the reservation boundaries (and limited off-reservation authority in defined cases).

Key Provisions

• Amends Sections 36-21-120 to 36-21-124 to include the Poarch Band of Creek Indians alongside the Mowa Band of Choctaw Indians for police powers on their reservations.
• Defines 'POLICE OFFICER' as a POST-certified law enforcement officer appointed by the tribe and 'RESERVATION' to include the tribal lands and properties of both tribes.
• Authorizes the tribal council to appoint and employ one or more police officers to protect the reservation and ensure safety, with no state or local funds used to support these officers.
• Grants tribal police officers powers similar to state/university police, including bearing firearms, ejecting trespassers, and making arrests (with and without warrants) for certain offenses on the reservation.
• Limits officer activity to reservation premises, with defined exceptions for off-reservation pursuit or felony arrests within certain boundaries.
• States that the authority ceases if the officer is no longer an agent, servant, or employee of the reservation.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

IndiansIndians