Bill Text: CA AB2138 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Peace officers: tribal police pilot project.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-09-28 - Vetoed by Governor. [AB2138 Detail]
Download: California-2023-AB2138-Amended.html
Article 2.45 (commencing with Section 11073) is added to Chapter 1 of Title 1 of Part 4 of the Penal Code, to read: January July 1, 2025, until January July 1, 2028, under the direction of the Department of Justice. Justice and the Commission on Peace Officer Standards and Training. 2030, 2031, and as of that date is repealed.
Bill Title: Peace officers: tribal police pilot project.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-09-28 - Vetoed by Governor. [AB2138 Detail]
Download: California-2023-AB2138-Amended.html
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Amended
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Senate
June 13, 2024 |
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Amended
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Assembly
April 18, 2024 |
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Amended
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Assembly
April 10, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2138
| Introduced by Assembly Member Ramos |
February 06, 2024 |
An act to add and repeal Sections 830.83 and 832.55 of, and to add and repeal Article 2.45 (commencing with Section 11073) of Chapter 1 of Title 1 of Part 4 of of, the Penal Code, relating to peace officers.
LEGISLATIVE COUNSEL'S DIGEST
AB 2138, as amended, Ramos.
Peace officers: tribal police pilot project.
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, from January July 1, 2025, until January July 1, 2028, establish a pilot program under the Department of Justice and the Commission on Peace Officer Standards and Training granting peace officer authority to certain tribal police officers on Indian lands and elsewhere in the state under specified circumstances. The bill would designate 3 tribal entities authorized to participate, would set certain minimum qualifications and
certification and training requirements for a tribal officer to act pursuant to this authority, and would place certain requirements on the employing tribe, including a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority and providing for public access to certain records. The bill would require the Department of Justice to provide ongoing monitoring and evaluation and to prepare and submit reports to the Legislature, as specified.
Existing law authorizes a county to establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among various agencies involved in domestic violence cases. Under existing law, an oral or written communication
or a document provided by a third party to a domestic violence review team is confidential and not subject to disclosure or discovery.
This bill would authorize a tribe participating in this pilot program to establish a domestic violence death review team subject to the applicable provisions of this law.
This bill would create the Tribal Police Pilot Fund in the State Treasury to, upon appropriation by the Legislature, assist program participants with the cost of information technology necessary for complying with reporting requirements for law enforcement agencies.
This bill would provide for implementation of all of these provisions only upon an appropriation by the Legislature for these purposes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
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 109 federally recognized tribes in California. 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 27 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 funding to those 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 qualifications delineated in the state and federal authorizing legislation and regulations.
Twenty-one of the 27 tribal governments in California that have law enforcement departments have deputation agreements with the 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) A large number of persons are designated as peace officers under state law, including, without limitation, the members of the University of California and California State University Police Departments and certain employees of the Department of Fish and Wildlife, the Department of Parks and Recreation, and the Department of Alcoholic Beverage Control. Others have limited designation as peace officers under state law including, without limitation, museum safety and security employees of the California Science
Center, police appointed by the California Exposition and State Fair, certain employees of the California Department of Tax and Fee Administration, and persons designated by a local agency as a park ranger. Tribal law enforcement officers are not designated peace officers under state law.
(h) 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.
(i) 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 Indian and non-Indian communities.
(j) Tribal governments employing police designated as California peace officers should be subject to the same requirements and responsibilities as other local and state agencies, including transparency and the right of the public to seek redress for grievances, while also recognizing that tribal governments are sovereign nations that govern themselves in accordance with their own laws and are not subject to liability in the same manner as state and local governmental entities.
(k) Federal law, Public Law 280 (18 U.S.C. Sec. 1162), governs the criminal jurisdiction of the
State of California in Indian country within the state. It is the intent of the Legislature that this act complies with and furthers the purpose of that federal law.
(l) As a constitutional officer of the State of California and the chief law enforcement officer for the state, the Attorney General has inherent authority over the peace officers and law enforcement agencies of the state. The authority over tribal police officers and their employing tribes granted to the Attorney General by this act is not intended to supersede or infringe upon the authority of sovereign tribal governments.
SEC. 2.
Section 830.83 is added to the Penal Code, immediately following Section 830.8, to read:830.83.
(a) Commencing on July 1, 2025, until July 1, 2028, a chief of police appointed by a qualified entity and meeting the requirements of a qualified member, or a police officer, public safety officer, or investigator employed in that capacity by a qualified entity and meeting the requirements of a qualified member, is a peace officer. As used in this section, “qualified entity” and “qualified member” have the meanings set forth in Section 11073.(b) The authority of a peace officer designated pursuant to this section extends to any place within the territorial boundaries of the Indian country of the employing tribe, in accordance with and subject to any limitations of Public Law 280 (18 U.S.C. Sec. 1162). The authority of a peace officer
designated pursuant to this section may also extend to any place in the state, under any of the following circumstances:
(1) At the request of a state or local law enforcement agency.
(2) Under exigent circumstances involving an immediate danger to persons or property, or of the escape of a perpetrator.
(3) For the purpose of making an arrest, when a public offense has occurred, or there is probable cause to believe a public offense has occurred, 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 an unincorporated area of a county.
(4) Notwithstanding paragraph (3), when the peace officer is in hot pursuit or close pursuit of an individual that the officer has reasonable suspicion has violated or attempted to violate state law and the violation occurred within the Indian country of the tribe that employs the peace officer.
(5) When delivering an apprehended person to the custody of a law enforcement authority or magistrate in the city or county in which the offense occurred.
(c) This section shall become operative only upon an appropriation of funds by the Legislature for the purposes of this section.
(d) This section shall remain in effect only until July 1, 2031, and as of that date is
repealed.
SEC. 3.
Section 832.55 is added to the Penal Code, immediately following Section 832.5, to read:832.55.
(a) Notwithstanding Section 13510.1, peace officers described in Section 830.83 shall be eligible to participate in, and subject to the applicable requirements of, the certification program for peace officers described in Section 13510.1.(b) Any police officer, public safety officer, or investigator described in Section 830.83 shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within 6 months after the operative date of this section or 18 months after their date of employment, whichever is later, in order to continue to exercise the powers of a peace officer.
(c) Any chief of police described in subdivision (a) of Section
830.83, as a condition of continued employment, shall obtain the basic certificate issued by the Commission on Peace Officer Standards and Training within six months after the operative date of this section or two years after appointment, whichever is later.
(d) This section shall become operative only upon an appropriation of funds by the Legislature for the purposes of this section.
(e) This section shall remain in effect only until January 1, 2031, and as of that date is repealed.
SEC. 2.SEC. 4.
Article 2.45 (commencing with Section 11073) is added to Chapter 1 of Title 1 of Part 4 of the Penal Code, to read:Article 2.45. Tribal Police Pilot Program
11073.
(a) The Tribal Police Pilot Program is hereby established to operate from(b) Notwithstanding any contrary provision of law, any qualified entity may notify the department that they wish to enroll in the pilot program and, upon verification by the department
commission that the entity has complied with the requirements prescribed in subdivision (e), (d), any qualifying qualified member of that entity shall be deemed a peace officer as provided in this section. Section 830.83.
(c)(1)The authority of a peace officer designated pursuant to this section extends to any place within the territorial boundaries of the Indian country of the employing tribe.
(2)The authority of a peace officer designated pursuant to this section may extend to any place in the state, under any of the following circumstances:
(A)At the request of a state or local law enforcement agency.
(B)Under exigent circumstances involving an immediate danger to persons or property, or of the escape of a perpetrator.
(C)For the purpose of making an arrest, when a public offense has occurred, or there is probable cause to believe a public offense has occurred, 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 an unincorporated area of a county.
(D)Notwithstanding subparagraph (C), when the peace officer is in hot pursuit or close pursuit of an individual that the officer has reasonable suspicion has violated or attempted to violate state law and the violation occurred within the Indian country of the tribe that employs the peace officer.
(E)When delivering an apprehended person to the custody of a law enforcement authority or magistrate in the city or county in which the offense occurred.
(d)
(c) (1) A person shall not be designated as a peace officer pursuant to this section a qualified member unless the person completes and maintains all applicable requirements for the appointment, training, education, hiring, eligibility, and certification required for peace officers under state law, including, without limitation, those described in Sections 832 and 834,
and 830.83 and any regulations adopted thereto.
(2) A person designated as a peace officer pursuant to this section
qualified member is subject to the requirements of Sections 13500 to 13519.15, inclusive, of this code, Sections 1029, 1031, and 1031.4 of the Government Code, and any regulations adopted thereto.
(3) A tribe qualified entity designating a person as a peace officer pursuant to this section program shall document that person’s compliance with this subdivision
and Section 832.55 and submit that documentation to the Department of Justice.
Commission on Peace Officer Standards and Training.
(e)
(d) A qualified entity enrolled in this pilot program shall do all of the following:
(1) Enact and maintain in continuous force a law or resolution expressing their intent that tribal officers be California peace officers and adopting any requirements prescribed by this section. section and Sections
830.83 and 832.55.
(2) Adopt and maintain in continuous force for a period of no less than two years after the conclusion of the pilot program, an ordinance or other enforceable policy that provides procedures and remedies comparable to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(3) Maintain and make available for public inspection pursuant to the ordinance or policy described in paragraph (2) any record related to conduct specified in Section 832.7 by a person designated as a peace officer pursuant to this section,
program,
including any administrative record of the tribe specifically related to such conduct, for a period of no less than two years after the conclusion of the pilot program.
(4) (A) Adopt and maintain in continuous force an ordinance or other enforceable policy that provides procedures and remedies comparable to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) for any claim arising from any actions or omissions of a tribal police officer acting as a California peace officer pursuant to this section. program.
(B) The ordinance or policy described in this paragraph shall include all of the following:
(i) A limited waiver of tribal sovereign immunity against suit, liability, and judgment, including the full enforcement of judgments and collections for a peace officer designated pursuant to this section, program, while exercising the authority granted by the section, Section 830.83 and while acting within the scope of their employment or duties, for
negligent or wrongful acts or omissions that cause undue harm to a person within the personal and subject matter jurisdictions of the tribe.
(ii) An express agreement that the substantive and procedural laws of the State of California may govern any claim, suit, or regulatory or administration action, that the obligations, rights, and remedies shall be determined in accordance with those laws, and that the courts of the State of California or of the federal government, as applicable. This clause does not limit the jurisdiction of the court of a tribe.
(iii) A requirement that the tribe qualified entity
shall cooperate with any inspections, audits, and investigations by the Department of Justice and the Commission on Peace Officer Standards and Training for improper acts or omissions by tribal officers, including any sanction or discipline imposed by the department, department or commission, up to and including removal of the tribe qualified entity from the pilot program described in this section.
(iv) (I) A requirement for the tribe qualified entity to carry sufficient insurance coverage for the liability of the tribe arising from acts or omissions of tribal officers.
(II) The department shall determine, in consultation with the tribe, qualified entity, the amount of coverage that is sufficient for the requirement in subclause (I).
(5) Comply with all applicable provisions of Sections 13510, 13510.1, 13510.8, and 13510.9.
Section 832.5 and Chapter 1 (commencing with Section 13500) of Title 4, including all applicable remedies.
(6) Submit all required documentation of compliance with this subdivision to the department, Commission on Peace Officer Standards and Training in a manner and form prescribed by the department.
commission.
(7) Submit any data, statistics, reports, or other information requested by the department Department of Justice for the monitoring and evaluation of the pilot program to the department in a manner and form prescribed by the department.
(8) Comply with all applicable provisions of Sections 13012, 13020, and 13519.4 of this code, Section 12525.5 of the Government Code, and any implementing regulations thereof, and all applicable remedies.
(e) A qualified entity
enrolled in this pilot program may establish a domestic violence death review team as described in, and subject to the applicable provisions of, Sections 11163.3 to 11163.5, inclusive.
(f) When a peace officer authorized under this section program issues a citation for a violation of state law, the citation shall require the person cited to appear in the superior court of the county in which the offense was committed, and shall be submitted to the district attorney of that county.
(g) Any criminal charge resulting from a custodial arrest made by, or citation issued by, a peace officer designated pursuant to this section,
program, while exercising the authority granted by this section, Section 830.83, shall be within the jurisdiction of the courts of the State of California.
(h) Any official action taken by a peace officer designated pursuant to this section, program
while exercising the authority granted by this section,
Section 830.83, including, without limitation, any detention, arrest, use of force, citation, release, search, or application for, or service of, any warrant, shall be taken in accordance with all applicable state and federal laws.
(i) The peace officer authority granted to any person pursuant to this section program shall be automatically revoked on January 1, 2029, unless extended by a later enacted statute.
July 1, 2028.
(j) (1) The department
Attorney General, in coordination with the Commission on Peace Officer Standards and Training, shall provide ongoing monitoring, evaluation, and support for the pilot program. This subdivision does not require the Attorney General to provide legal representation, advice, or counsel to any program participant.
(2) A qualified entity may terminate their participation in the pilot program at will, however the requirements of paragraphs (2), (3), and (4) of subdivision (e) (d) shall remain in effect.
(3) The department
Department of Justice, in coordination with the Commission on Peace Officer Standards and Training, may suspend or terminate a qualified entity’s participation in the program for gross misconduct or for willful or persistent failure to comply with requirements.
(4) (A) (i) By no later than January July 1, 2027, the department shall prepare and submit an interim report to the Legislature, the Assembly Select Committee on Native American Affairs, and the Assembly and Senate Public Safety Committees.
(ii) By no later than June 1, 2028,
January 1, 2029, the department shall prepare and submit a final report to the Legislature, the Assembly Select Committee on Native American Affairs, and the Assembly and Senate Public Safety Committees.
(B) The reports required by this section shall include, without limitation, the impacts of the pilot program on case clearance rates, including, without limitation, homicide and missing persons cases, the impact of the pilot program on crime rates on Indian lands and surrounding communities, the impact of the pilot program on recruitment and retention of tribal police, a discussion of feasibility and implementation difficulties, and recommendations to the Legislature.
(C) The reports required by this paragraph shall be submitted in
compliance with Section 9795 of the Government Code.
(k) The Tribal Police Pilot Fund is hereby created in the State Treasury. All moneys in the fund, upon appropriation by the Legislature, shall be used to assist Tribal Police Pilot Program participants with fiscal needs associated with the development of information technology, such as the establishment of databases and recordkeeping, necessary for the purposes of complying with any state-mandated reporting required of California law enforcement agencies and employers of peace officers.
(k)
(l) This section shall not be construed to infringe upon the sovereignty of any Indian tribe nor their inherent authority to self-govern, including the authority to enact laws that govern their lands.
(l)
(m) As used in this section, the following terms are defined as
follows:
(1) “Department” means the Department of Justice or any subdivision thereof to whom the Attorney General has delegated responsibility for the provisions of this section.
(2) “Indian country” has the same meaning as provided in Section 1151 of Title 18 of the United States Code.
(3) “Qualified entity” means the Blue Lake Rancheria, the Coyote Valley Band of Pomo Indians, and the Yurok Tribe of the Yurok Reservation.
(4) “Qualified member” means a chief of police who is appointed by, or a person who is regularly employed by a qualified entity
as a law enforcement, police, or public safety officer or investigator, investigator by, a qualified entity, and who meets all of the requirements and qualifications in subdivision (d), (c), and who has been designated by the qualified entity to be a peace officer pursuant to this section. program.
