HB294

ENGROSSED

A BILL TO BE ENTITLED AN ACT

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.

"(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 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.

"(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.

Police Officers

Indians

Police Powers

Poarch Creek

Code Amended