SF 1839

as introduced - 89th Legislature (2015 - 2016) Posted on 08/24/2015 10:24am

A bill for an act
relating to public safety; allowing Red Lake Band of Chippewa Indians law
enforcement officers to exercise arrest authority over non-Indians for offenses
committed within the exterior boundaries of the tribe's reservation; proposing
coding for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [626.945] LAW ENFORCEMENT AUTHORITY; RED LAKE TRIBAL
POLICE OFFICERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "tribe" means Red Lake Band of
Chippewa Indians, a federally recognized Indian tribe, as defined in United States Code,
title 25, section 450B(e), located within the state of Minnesota, but does not include a
tribe, band, or community described in section 626.90, 626.91, 626.92, or 626.93.
new text end

new text begin Subd. 2. new text end

new text begin Tribal law enforcement agency requirements. new text end

new text begin A tribe may exercise law
enforcement authority over non-Indians within its exterior boundaries only if it meets the
following requirements:
new text end

new text begin (1) the tribe's governing body has authorized its tribal police officers to enforce
criminal laws within the exterior boundaries of the tribe's reservation, the tribe agrees to
be subject to section 13.82 and any other laws of the state relating to data practices of law
enforcement agencies for those incidents or arrests of non-Indians;
new text end

new text begin (2) the tribe maintains federal contracting under self-governance and federal tort act
coverage, no additional insurance mandate shall apply; and
new text end

new text begin (3) the tribe contracts directly with the Board of Peace Officer Standards and
Training for certifications of its police officers.
new text end

new text begin Subd. 3. new text end

new text begin Concurrent jurisdiction. new text end

new text begin There shall be no requirement for concurrent
jurisdiction provided that subdivision 2 is met.
new text end

new text begin Subd. 4. new text end

new text begin Cooperative agreements. new text end

new text begin In order to coordinate, define, and regulate
the provision of law enforcement services and provide for mutual aid and cooperation,
governmental units and the tribe shall enter into agreements under section 471.59. For the
purposes of entering into these agreements, the tribe shall be considered a "governmental
unit" as defined in section 471.59, subdivision 1.
new text end

new text begin Subd. 5. new text end

new text begin Effect on sovereign immunity. new text end

new text begin Nothing in this section shall be construed
to waive the tribe's sovereign immunity.
new text end

new text begin Subd. 6. new text end

new text begin Effect on federal law. new text end

new text begin Nothing in this section shall be construed to restrict
the tribe's authority under federal law.
new text end

new text begin Subd. 7. new text end

new text begin Construction. new text end

new text begin This section is limited to law enforcement authority only,
and nothing in this section shall affect any other jurisdictional relationships or disputes
involving the tribe or current reservation boundaries.
new text end