| Amended IN Assembly March29,2023 |
| Amended IN Assembly March02,2023 |
CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION
Assembly Bill No. 44
| Introduced by Assembly Member Ramos |
December05,2022 |
An act to amend Sections 15153 and Section 15155 of of, and to add Section 15168 to, the Government Code, and to amend Sections 830.8 and 832 of, and to add Section 830.16 to, the Penal Code, relating to peace officers. tribal police.
LEGISLATIVE COUNSEL'S DIGEST
AB 44, as amended, Ramos. Peace officers: California Law Enforcement Telecommunications System: tribal police.
Existing law establishes the California Law Enforcement Telecommunications System (CLETS) within the Department of Justice to facilitate the exchange and dissemination of information between law enforcement agencies in the state. Existing law also establishes a CLETS advisory committee, appointed by the Attorney General, to assist in the management of the system, as specified. This bill would require the department to grant access to the system to The bill would also require the Attorney General to appoint a member of a participating tribe to the committee.(1)Existing law defines those persons who are peace officers in the state, grants certain authority to those individuals and their employing entities, and places certain requirements on those individuals and their employing entities. Existing law also grants specified limited arrest authority to certain other persons, including federal criminal investigators and park rangers and peace officers from adjoining jurisdictions.Existing federal law authorizes tribal governments to employ tribal police for the enforcement of tribal law on tribal lands. Existing federal law requires the State of California to exercise criminal jurisdiction on Indian lands. Existing state law deems a tribal police officer who has been deputized or appointed by a county sheriff as a reserve or auxiliary deputy to be a peace officer in the State of California.This bill would deem certain tribal police officers to be peace officers on Indian lands and elsewhere in the state under specified circ*mstances. The bill would set certain minimum qualifications and training requirements for a tribal officer to act pursuant to this authority and would place certain requirements on the employing tribe, including certain financial responsibility requirements, a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority.(2)Under existing law, federal criminal investigators and law enforcement officers are not California peace officers, but may exercise certain powers of a peace officer under specified circ*mstances.This bill would extend this limited authority to tribal peace officers who possess a Special Law Enforcement Commission from the federal Bureau of Indian Affairs.(3)Existing law requires any person described as a peace officer to complete a course of training prescribed by the Commission on Peace Officer Standards and Training. Existing law requires any person who completes the course and who does not become employed as a peace officer within 3 years, or has a break in service of more than 3 years, to retake the course or requalify, unless the person is returning to a management position, has maintained proficiency as an instructor, or has been continuously employed as a custodial officer, a federal law enforcement officer, or a peace officer in another state, as specified.This bill would additionally exempt from the requirement to retake or requalify for the basic course a person who has been continuously employed as a tribal police officer, as specified.(4)Existing any tribal the law enforcement agency that employs any peace officer, as specified, and to tribal courts, of a federally recognized Indian tribe meeting certain qualifications, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a)California is home to more Native American and Alaska Native people than any other state in the country. There are approximately 110 federally recognized tribes in California and 81 entities petitioning for recognition. Federally recognized tribes have a unique government-to-government relationship with local, state, and federal entities, and are recognized as sovereign nations. Tribes can create their own laws, governmental structure, and enrollment or membership rules for the land and citizens of their nation.
(b)California has the fifth largest caseload of missing and murdered Indigenous women and people. Nationwide, more than four in five Native American and Alaska Native women have experienced violence in their lifetime, and more than one in three have in the last year. One in 130 Native American children are likely to go missing each year. Indigenous women go missing and are murdered at rates higher than any other ethnic group in the United States. Nearly one-half of all indigenous women have been raped, beaten, or stalked by an intimate partner. LGBTQ+ Native Americans and people who identify as “two-spirit” people within tribal communities are also often the targets of violence.
(c)California Indian tribes retain the inherent authority to self-govern, including the authority to enact laws that govern their lands.
(d)Approximately 26 tribal governments in the state have exercised their inherent authority by establishing law enforcement agencies to maintain public safety on Indian lands. Additionally, tribes have exercised their inherent authority by establishing 22 tribal courts statewide, serving approximately 40 tribes.
(e)Federal law requires certain states, including the State of California, to enforce state criminal laws on Indian lands in those states, but does not provide adequate resources to the selected states or the tribes within those states for public safety.
(f)Thirteen states and the federal government provide tribal law enforcement authority to enforce state or federal law if tribal officers meet qualificationsdelineated in the state and federal authorizing legislation and regulations. Twenty-one of the 27 tribal law enforcement departments in California have deputation agreements with the federal Bureau of Indian Affairs, Office of Justice Services, which allows qualified tribal officers to become special commissioned federal officers authorized to enforce federal law on Indian lands in their jurisdiction.
(g)Legal status as a peace officer in California has been extended to a large number of persons under state law, including, but not limited to, the members of the University of California Police Department, certain employees of the Department of Fish and Wildlife, the Department of Parks and Recreation, the Department of Tax and Fee Administration, and the Department of Alcoholic Beverage Control, museum safety and security employees of theCalifornia Science Center, police appointed the California Exposition and State Fair, and persons designated by a local agency as a park ranger. Tribes have been excluded from that designation.(h)State law authorizes federal officers to exercise state peace officer arrest authority, and while some county sheriffs recognize tribal officers with a special commission as federal officer for purposes of that law, other sheriffs do not, or will not allow these officers to arrest offenders for violations of state law.(i)While there are avenues for tribal officers to enforce state law on Indian lands, these options are limited, discretionary, and inconsistently applied across counties. While state law authorizes a county sheriff to deputize a tribal officer as a reserve or auxiliary deputy,those agreements are often limited by the sheriff’s term in office and subject to termination at any time.
(j)
(g)Where state and county law enforcement departments have developed close working and cooperative relationships with the tribal law enforcement agencies, these relationships have resulted in greater public safety for both the non-Indian and Indian communities.
(k)
(h)State law establishing the California Law Enforcement Telecommunications System (CLETS) states that “the maintenance of law and order is, and always has been, a primary function of government,” and that “the state has an unmistakable responsibility to give full support to all public agencies of law enforcement,” and that the state’s responsibility “includes the provision of an efficient law enforcement communications network available to all such agencies.” Indian tribes have not been considered public agencies for purposes of this statute, excluding them from CLETS access.
(i)Current entities with access to CLETS include sheriffs, city police departments, district attorneys, courts, probation departments, the California Highway Patrol, the Department of Justice, the Department of Insurance, the Employment Development Department, university, college, and school district police departments, fire department arson investigation units, and the Federal Bureau of Investigation. Despite this broad application of public agencies with access to CLETS, tribal courts and tribal police that operate within California’s borders do not have CLETS access. (j)Without access to CLETS, tribal police cannot receive, share, or update critical criminal record information, missing and unidentified persons files, protective order files, and violent persons files; all of which are critical to effective and thorough investigations of, and related to, missing and murdered Indigenous women and people, violence, and domestic violence on tribal lands. (k)Without tribal access to CLETS, tribal courts and tribal law enforcement cannot enter domestic violence protective orders, emergency protective orders, or other restraining orders, limiting theability of county and state law enforcement to protect tribal people. Tribal protective orders can only be entered into the Tribal Access Program and are only viewable by other law enforcement through National Crime Information Center, limited systems that do not give county or state law enforcement access to the parameters of these protective orders. Because tribal law enforcement lack access to CLETS, they are unable to view the parameters of a CLETS protective order when they respond to calls for service in these matters. This lack of access to CLETS hampers state and county police officers from effectively protecting victims of violence and harassment, and creates a greater risk that these legal protective orders will not be enforced at the expense of the safety of women, children, and victims fleeing violence. This exacerbates the crisis of missing and murdered Indigenous women and people. (l)In a pilot program involving the Sycuan Tribal Police Department, an agreement with the county allowed full access to CLETS by tribal officers. Because information is mutually shared between the tribe and local law enforcement, both tribal police and sheriff’s deputies have access to each other’s data, including witness contact information, civilian contact with law enforcement, report narratives, and lists of stolen items. This mutual relationship of support, resource sharing, and communication between the tribe and local and state government has been beneficial to both agencies and critical to increasing public safety for the Sycuan Tribe, including an increase in crimes solved throughout the community.(l)(m)(n)(o)
(a)The system shall be under the direction of the Attorney General, and shall be used exclusively for the official business of the state, and the official business of any city, county, city and county, other public agency, or federally recognized Indian tribe.(b)All system-related policies, practices, and procedures applicable to state and local law enforcement agencies shall apply to any tribal law enforcement agency that employs any peace officer described in Section 830.16 of the Penal Code, including, without limitation, all applicable security and application requirements, subscriber agreements, and privacy controls. The Attorney General shall also grant system access to a tribal court authorized under federal law.
SEC. 3.SEC. 2.
Section 15155 of the Government Code is amended to read:
15155.
The committee shall consist of representatives from the following organizations:
(a)Two representatives from the California Peace Officers’ Association.
(b)One representative from the California State Sheriffs’ Association.
(c)One representative from the League of California Cities.
(d)One representative from the County Supervisors Association of California.
(e)One representative from the Department of Justice.
(f)One representative from the Department of Motor Vehicles.
(g)One representative from the Office of Emergency Services.
(h)One representative from the Department of the California Highway Patrol.
(i)One representative from the California Police Chiefs Association.
(j)One representative from a federally recognized Indian tribe that is a system subscriber.
(1)Any circ*mstances specified in Section 836 of this code or Section 5150 of the Welfare and Institutions Code for violations of state or local laws.(a)Federal criminal investigators and law enforcement officers, and tribal police officers possessing a Special Law Enforcement Commission from the federal Bureau of Indian Affairs are not California peace officers, but may exercise the powers of arrest of a peace officer in any of the following circ*mstances:
(2)When these investigators and lawenforcement officers are engaged in the enforcement of federal criminal laws and exercise the arrest powers only incidental to the performance of these duties.
(3)When requested by a California law enforcement agency to be involved in a joint task force or criminal investigation.
(4)When probable cause exists to believe that a public offense that involves immediate danger to persons or property has just occurred or is being committed.
In all of these instances, the provisions of Section 847 shall apply. These investigators and law enforcement officers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfied the training requirements of Section 832, or the equivalent thereof.
This subdivision does not apply to federal officers of theBureau of Land Management or the United States Forest Service. These officers have no authority to enforce California statutes without the written consent of the sheriff or the chief of police in whose jurisdiction they are assigned.
(b)Duly authorized federal employees who comply with the training requirements set forth in Section 832 are peace officers when they are engaged in enforcing applicable state or local laws on property owned or possessed by the United States government, or on any street, sidewalk, or property adjacent thereto, and with the written consent of the sheriff or the chief of police, respectively, in whose jurisdiction the property is situated.
(c)National park rangers are not California peace officers but may exercise the powers of arrest of a peace officer as specified in Section 836 and the powers of a peace officer specified in Section 5150 of theWelfare and Institutions Code for violations of state or local laws provided these rangers are exercising the arrest powers incidental to the performance of their federal duties or providing or attempting to provide law enforcement services in response to a request initiated by California state park rangers to assist in preserving the peace and protecting state parks and other property for which California state park rangers are responsible. National park rangers, prior to the exercise of these arrest powers, shall have been certified by their agency heads as having satisfactorily completed the training requirements of Section 832.3, or the equivalent thereof.
(d)Notwithstanding any other provision of law, during a state of war emergency or a state of emergency, as defined in Section 8558 of the Government Code, federal criminal investigators and law enforcement officers who are assisting California law enforcement officers in carrying outemergency operations are not deemed California peace officers, but may exercise the powers of arrest of a peace officer as specified in Section 836 and the powers of a peace officer specified in Section 5150 of the Welfare and Institutions Code for violations of state or local laws. In these instances, the provisions of Section 847 of this code and of Section 8655 of the Government Code shall apply.
(e)(1)Any qualified person who is appointed as a Washoe tribal law enforcement officer is not a California peace officer, but may exercise the powers of a Washoe tribal peace officer when engaged in the enforcement of Washoe tribal criminal laws against any person who is an Indian, as defined in subsection (d) of Section 450b of Title 25 of the United States Code, on Washoe tribal land. The respective prosecuting authorities, in consultation with law enforcement agencies, may agree on who shall have initial responsibility forprosecution of specified infractions. This subdivision is not meant to confer cross-deputized status as California peace officers, nor to confer California peace officer status upon Washoe tribal law enforcement officers when enforcing state or local laws in the State of California. Nothing in this section shall be construed to impose liability upon or to require indemnification by the County of Alpine or the State of California for any act performed by an officer of the Washoe Tribe. Washoe tribal law enforcement officers shall have the right to travel to and from Washoe tribal lands within California in order to carry out tribal duties.
(2)Washoe tribal law enforcement officers are exempted from the provisions of subdivision (a) of Section 25400 and subdivision (a) and subdivisions (c) to (h), inclusive, of Section 25850 while performing their official duties on their tribal lands or while proceeding by a direct route to or from the triballands. Tribal law enforcement vehicles are deemed to be emergency vehicles within the meaning of Section 30 of the Vehicle Code while performing official police services.
(3)As used in this subdivision, the term “Washoe tribal lands” includes the following:
(A)All lands located in the County of Alpine within the limits of the reservation created for the Washoe Tribe of Nevada and California, notwithstanding the issuance of any patent and including rights-of-way running through the reservation and all tribal trust lands.
(B)All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through the same.
(4)As used in this subdivision, the term “Washoe tribal law” refers to the laws codified in the Lawand Order Code of the Washoe Tribe of Nevada and California, as adopted by the Tribal Council of the Washoe Tribe of Nevada and California.
(a)As provided in this section, a regularly employed police officer of a federally recognized Indian tribe in California is a peace officer with authority within the territorial boundaries of the Indian country of the employing tribe, and whose authority may extend to any place in the state, under any of the following circ*mstances:
(1)At the request of a state or local law enforcement agency.
(2)Under exigent circ*mstances involving an immediate danger to persons or property, or of the escape of a perpetrator.
(3)When investigating or making an arrest for a public offense committed, or for which there isprobable cause to believe has been committed, within the Indian country of the tribe that employs the peace officer, and with the prior consent of the chief of police or chief, director, or chief executive officer of a consolidated municipal public safety agency, or person authorized by that chief, director, or officer to give consent, if the place is within a city, or of the sheriff, or person authorized by the sheriff to give consent, if the place is within a county.
(b)(1)Subdivision (a) shall only apply to a person who meets the training standards for peace officers as described in Section 832 and any regulations adopted thereto.
(2)A person acting as a peace officer pursuant to this section is subject to the requirements of Sections 1029, 1031, and 1031.4 of the Government Code.
(c)Subdivision (a) shall only apply to a person employed by a tribe that meets all of the following requirements:
(1)The tribal government has enacted a law or resolution expressing their intent that tribal officers be California peace officers and adopting any requirements prescribed by this section.
(2)The tribal government has adopted a limited waiver of tribal sovereign immunity for claims arising from any actions or omission of a tribal police officer acting as a California peace officer pursuant to this section in an amount not exceeding the limitations of the insurance coverage described in paragraph (3).
(3)The tribal government maintains, either through self-insurance or through a policy of liability and property damage insurance, coverage in an amount no less than two million dollars($2,000,000) per incident for all vehicles operated by police personnel, and, either through self-insurance or through a policy of professional liability insurance, coverage in an amount no less than two million dollars ($2,000,000) per incident for the negligent or wrongful acts or omissions of its police officers.
(4)The tribal government has complied with Sections 1030 and 1044 of the Government Code in the appointment of peace officers.
(5)The tribal government has submitted all required documentation of compliance with this section to the Department of Justice, in a manner and form prescribed by the department.
(d)As used in this section, the term “Indian country” has the same meaning as provided in Section 1151 of Title 18 of the United States Code.
(a)Every person described in this chapter as a peace officer shall satisfactorily complete an introductory training course prescribed by the Commission on Peace Officer Standards and Training. On or after July 1, 1989, satisfactory completion of the course shall be demonstrated by passage of an appropriate examination developed or approved by the commission. Training in the carrying and use of firearms shall not be required of a peace officer whose employing agency prohibits the use of firearms.
(b)(1)Every peace officer described in this chapter, prior to the exercise of the powers of a peace officer, shall have satisfactorily completed the training course described in subdivision (a).
(2)Every peace officer described in Section 13510 or in subdivision (a) of Section 830.2 may satisfactorily complete the training required by this section as part of the training prescribed pursuant to Section 13510.
(c)Persons described in this chapter as peace officers who have not satisfactorily completed the course described in subdivision (a), as specified in subdivision (b), shall not have the powers of a peace officer until they satisfactorily complete the course.
(d)A peace officer who, on March 4, 1972, possesses or is qualified to possess the basic certificate as awarded by the Commission on Peace Officer Standards and Training is exempted from this section.
(e)(1)A person completing the training described in subdivision (a) who does not become employed as a peaceofficer within three years from the date of passing the examination described in subdivision (a), or who has a three-year or longer break in service as a peace officer, shall pass the examination described in subdivision (a) prior to the exercise of the powers of a peace officer, except for a person described in paragraph (2).
(2)The requirement in paragraph (1) does not apply to a person who meets any of the following requirements:
(A)Is returning to a management position that is at the second level of supervision or higher.
(B)Has successfully requalified for a basic course through the Commission on Peace Officer Standards and Training.
(C)Has maintained proficiency through teaching the course described in subdivision (a).
(D)During the break in California service, was continuously employed as a peace officer in another state or at the federal level.
(E)Was continuously employed as a police officer by a federally recognized Indian tribe and was deputized or commissioned to enforce state or federal law.
(F)Has previously met the requirements of subdivision (a), has been appointed as a peace officer under subdivision (c) of Section 830.1, and has beencontinuously employed as a custodial officer as defined in Section 831 or 831.5 by the agency making the peace officer appointment since completing the training prescribed in subdivision (a).
(f)The commission may charge appropriate fees for the examination required by subdivision (e), not to exceed actual costs.
(g)Notwithstanding any other law, the commission may charge appropriate fees for the examination required by subdivision (a) to each applicant who is not sponsored by a local or other law enforcement agency, or is not a peace officer employed by, or under consideration for employment by, a state or local agency, department, or district, or is not a custodial officer as defined in Sections 831 and 831.5. The fees shall not exceed actual costs.
(h)(1)When evaluating a certificationrequest from a probation department for a training course described in this section, the commission shall deem there to be an identifiable and unmet need for the training course.
(2)A probation department that is a certified provider of the training course described in this section shall not be required to offer the course to the general public.
SEC. 3.
Section 15168 is added to the Government Code, to read:
(a)Notwithstanding Section 15153, the system may connect and exchange traffic with the compatible systems of a tribal government, as provided in this section. (b)A law enforcement agency of a tribe may apply to the Attorney General for access to the system. The Attorney General shall provide system access to any law enforcement agency of a tribe that has made application and that meets all of the qualifications prescribed in subdivision (c), as determined by the Attorney General. System access provided to a tribe shall be at the sole expense of that tribe. (c)The Attorney General shall deem a tribe that has applied for system access pursuant to subdivision (b) to be qualifiedonly if the governing body of that tribe has enacted or adopted a law, resolution, or ordinance, which shall be maintained in continuous force, that provides for all of the following: (1)The tribe expressly waives its right to assert its sovereign immunity from suit, regulatory or administrative action, and enforcement of any ensuing judgment or arbitral award, for any and all claims arising from any actions or omissions of the tribe, including its officers, agents and employees, when acting within the scope of their authority and duty, arising out of, connected with, or related to, the system. (2)The tribe expressly agrees that the substantive and procedural laws of the State of California shall govern any claim, suit, or regulatory or administration action, that the obligations, rights, and remedies shall be determined in accordance with such laws, and that the courts of theState of California or of the federal government, as applicable, shall have exclusive jurisdiction. (3)The tribe agrees to cooperate with any inspections, audits, and investigations by the Department of Justice for improper use or compliance with the operating policies, practices, and procedures, including any sanction or discipline imposed by the department, up to and including removal of system access. (4)The tribe and its agencies, entities, or arms, including any officers, agents, and employees of the tribe when acting within the scope of their authority and duty, shall comply with the laws of the State of California relating to the use of records and information from the system, including, without limitation, Section 6200 and this chapter, Sections 502, 11105, 11141, 11142, 11143, and 13300 to 13304, inclusive, of the Penal Code, and Section 1808.45 of the Vehicle Code. (d)The Director of General Services shall determine the charges to be paid by a tribe to the department for system access, including any initial setup charges and any ongoing charges for access. These charges shall be reasonably similar to those imposed on other system subscribers. (e)As used in this section, the following terms are defined as follows: (1)“Tribe” means a federally recognized Indian Tribe whose territorial boundaries lie within the State of California and any agencies, entities, or arms of the tribe, as applicable, either together or separately. (2)“Sovereign immunity” means immunity from suit or action of the tribe and its agencies, entities, or arms, including the officers, agents, and employees of the tribe when acting within thescope of their authority and duty.15168.
As an expert in law, particularly in the intersection of tribal jurisdiction and law enforcement, I can confidently analyze the concepts presented in the article related to the amended Assembly Bill No. 44 in California. My expertise is grounded in legal principles, legislation interpretation, and an understanding of the dynamics surrounding tribal law enforcement and their interactions with state and federal jurisdictions.
Overview of the Amended Assembly Bill No. 44: The bill, introduced by Assembly Member Ramos, seeks to amend Sections 15153 and 15155 of the Government Code, as well as Sections 830.8 and 832 of the Penal Code. Additionally, it proposes the addition of Section 15168 to the Government Code and Section 830.16 to the Penal Code. The focus of the bill is on the recognition and authority of tribal police officers in the state of California, particularly regarding their access to the California Law Enforcement Telecommunications System (CLETS) and their peace officer status.
Key Concepts and Changes Proposed:
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Recognition of Tribal Police Officers:
- The bill aims to recognize certain tribal police officers as peace officers on Indian lands and elsewhere in the state under specified circ*mstances.
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Qualifications and Training Requirements:
- The bill outlines minimum qualifications and training requirements for tribal officers to act as peace officers. This includes financial responsibility requirements, a limited waiver of sovereign immunity, and the adoption of tribal laws or resolutions authorizing the exercise of authority.
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Extension of Limited Authority:
- Tribal peace officers, possessing a Special Law Enforcement Commission from the federal Bureau of Indian Affairs, would be granted limited authority similar to federal criminal investigators and law enforcement officers under specified circ*mstances.
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Exemption from Training Course Requirement:
- Tribal police officers are exempted from the requirement to retake or requalify for the basic training course, provided they have been continuously employed as tribal police officers.
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Access to California Law Enforcement Telecommunications System (CLETS):
- The bill mandates the Department of Justice to grant access to CLETS to tribal law enforcement agencies and tribal courts of federally recognized Indian tribes that meet specified qualifications.
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Inclusion in CLETS Advisory Committee:
- The Attorney General is required to appoint a member of a participating tribe to the CLETS advisory committee.
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Recognition of Tribal Sovereignty:
- The bill acknowledges the unique government-to-government relationship between federally recognized tribes and local, state, and federal entities, recognizing tribes as sovereign nations with the authority to create their own laws.
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Public Safety and Missing Indigenous Persons:
- The bill emphasizes the need for collaboration between tribal and non-tribal law enforcement agencies to address public safety concerns, especially regarding the high rates of missing and murdered Indigenous women and people.
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Access to CLETS for Tribal Courts:
- Tribal courts are included in the entities granted access to CLETS, enabling them to enter and manage critical information related to protective orders and criminal records.
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Financial Responsibility and Sovereign Immunity:
- Tribes seeking access to CLETS must agree to financial responsibility requirements, including a limited waiver of sovereign immunity for claims arising from actions or omissions of tribal police officers related to CLETS.
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Connection and Exchange with Tribal Systems:
- The bill allows the California Law Enforcement Telecommunications System to connect and exchange traffic with compatible systems of tribal governments, with specified qualifications and conditions.
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Oversight and Compliance:
- Tribal governments must cooperate with inspections, audits, and investigations by the Department of Justice to ensure proper use and compliance with CLETS operating policies. Non-compliance may result in sanctions or removal of system access.
This comprehensive overview showcases the bill's multifaceted approach to addressing the recognition, authority, and collaboration involving tribal police officers in the state of California. The proposed changes aim to enhance public safety, acknowledge tribal sovereignty, and provide effective tools for law enforcement agencies, including access to the California Law Enforcement Telecommunications System.
