HB 149

Sponsor
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.
Description

Existing law provides for the Mowa Band of Choctaw Indians to employ police officers and limits the exercise of their powers to the premises of the reservation except when in appropriate pursuit off the premises of the reservation of an offender who is charged with a crime while on the premises of the reservation, when making a lawful arrest for a felony committed, or probable cause to believe a felony has been committed, in the presence of the police officer, or within the boundaries of property owned or operated by the tribe

This bill would give the Poarch Band of Creek Indians the same powers and authority to employ police officers for the protection of the reservation and the safety of the tribe

To amend Sections 36-21-120 to 36-21-124, inclusive, of the Code of Alabama 1975, relating to police officers of the Mowa Band of Choctaw Indians; to give the same powers and authority to the Poarch Band of Creek Indians.

Subjects
IndiansIndians
View Original PDF: HB 149 - Enrolled - PDF

To amend Sections 36-21-120 to 36-21-124, inclusive, of the Code of Alabama 1975, relating to police officers of the Mowa Band of Choctaw Indians; to give the same powers and authority to the Poarch Band of Creek Indians

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. Sections 36-21-120 to 36-21-124, Code of Alabama 1975, are amended to read as follows: "§36-21-120

"The For the purposes of the act adding this amendatory language, the following terms shall have the following meanings, respectively: "(2) (1) POLICE OFFICER. Any Peace Officers' Standards and Training Commission certified police A law enforcement officer appointed by the Mowa Band of Choctaw Indians Tribal Council a tribe pursuant to Section 36-21-122 who meets all of the requirements of the Alabama Peace Officers' Standards and Training Commission for certified law enforcement officers

"(3) (2) RESERVATION. The Mowa Choctaw Indian Reservation or Poarch Creek Indian Reservation, including any and all tribal properties or property owned in trust for the tribe by the United States government

Section 1

Sections 36-21-120 to 36-21-124, Code of Alabama 1975, are amended to read as follows: "§36-21-120. "The For the purposes of the act adding this amendatory language, the following terms shall have the following meanings, respectively: "(2) (1) POLICE OFFICER. Any Peace Officers' Standards and Training Commission certified police A law enforcement officer appointed by the Mowa Band of Choctaw Indians Tribal Council a tribe pursuant to Section 36-21-122 who meets all of the requirements of the Alabama Peace Officers' Standards and Training Commission for certified law enforcement officers. "(3) (2) RESERVATION. The Mowa Choctaw Indian Reservation or Poarch Creek Indian Reservation, including any and all tribal properties or property owned in trust for the tribe by the United States government. HB149 "(1) MOWA BAND OF CHOCTAW INDIANS. (3) TRIBE. The tribe of Indians known as the Mowa Band of Choctaw Indians organized as a nonprofit corporation and recognized as a tribal government and law enforcement agency by the State of Alabama and the tribe of Indians recognized as the Poarch Band of Creek Indians by the federal government and by the State of Alabama as a tribal government and as a law enforcement agency. "§36-21-121. "It is the intent of the Legislature to provide for the employment of police officers by the a reservation in order to protect reservation boundaries from intruders and trespassers, to prevent damage to the properties and grounds of the reservation, and to provide for the safety of residents and employees of the reservation. The police officers shall be vested with powers similar to the powers vested in university police. "§36-21-122. "The Mowa Band of Choctaw Indians Tribal Council tribal council of a tribe may appoint and employ one or more suitable persons to act as police officers to protect the reservation of the tribe from intruders and trespassers, to prevent damage to the properties and grounds of the reservation of the tribe, and to provide for the safety of residents and employees of the reservation of the tribe. No HB149 state or local funds allocated for law enforcement purposes shall be used to provide financial support for the law enforcement officers hired by the Mowa Band of Choctaw Indians a tribe. The authority of any person appointed as a police officer shall immediately cease when the person ceases to be an agent, servant, or employee of the a reservation. "§36-21-123. "Any police officer appointed by a tribe pursuant to Section 36-21-122 shall be charged with all the powers of state or municipal police officers including, but not limited to, the right to bear firearms. The police officers of a tribe may do any of the following: "(1) Eject trespassers from the buildings and grounds of the reservation. "(2) Without a warrant, arrest a person who is engaging in disorderly conduct, trespassing upon the property of the reservation, or committing any public offense in the presence of the police officers on the reservation property, and carry the person before the proper court and, upon proper affidavit, charge the person with committing the offense and the person so arrested may be tried and convicted as in cases of persons brought before the a court on the warrant of the court. HB149 "(3) Arrest any person pursuant to a warrant who is on the premises of the reservation and is charged with any public offense and take the person before the proper office. "§36-21-124. "The powers of police officers appointed by a tribe pursuant to this article may be exercised only upon the premises of the reservation of the tribe, and a police officer shall may not otherwise act as a police officer while off the premises of the his or her reservation, except under either of the following conditions: "(1) When in appropriate pursuit off the reservation of any offender or suspected offender who is charged with the commission of a crime while on the premises of the reservation. "(2) To make lawful arrests for a felony committed, or for which there is probable cause to believe has been committed, in the presence of the police officer or within the boundaries of the property owned or operated by the reservation tribe."

Section 2

This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law. HB149 Speaker of the House of Representatives President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 15-FEB-18. Jeff Woodard Clerk Senate 21-MAR-18 Passed

No articles found.
Action Date Chamber Action
March 21, 2018HForwarded to Governor at 3:34 p.m. on March 21, 2018.
March 21, 2018HAssigned Act No. 2018-393.
March 21, 2018HClerk of the House Certification
March 21, 2018SSignature Requested
March 21, 2018HEnrolled
March 21, 2018HPassed Second House
March 21, 2018SMotion to Read a Third Time and Pass adopted Roll Call 931
March 21, 2018SThird Reading Passed
February 27, 2018SMarsh motion to Carry Over to the Call of the Chair adopted Voice Vote
February 27, 2018SThird Reading Carried Over to Call of the Chair
February 22, 2018SRead for the second time and placed on the calendar
February 20, 2018SRead for the first time and referred to the Senate committee on Judiciary
February 15, 2018HMotion to Read a Third Time and Pass adopted Roll Call 362
February 15, 2018HThird Reading Passed
February 1, 2018HRead for the second time and placed on the calendar
January 9, 2018HRead for the first time and referred to the House of Representatives committee on Judiciary
2018-03-21
Chamber: Senate
Result: Passed
2018-02-15
Chamber: House
Result: Passed