HB361INTRODUCED
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HB361
FKK6I5C-1
By Representatives Hammett, Marques, Sells
RFD: Public Safety and Homeland Security
First Read: 27-Feb-25
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5 FKK6I5C-1 02/26/2025 JC (L)lg 2025-1044
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First Read: 27-Feb-25
SYNOPSIS:
Existing law does not provide for police
protection for the property of the Ma-Chis Lower Creek
Indian Tribe, a tribe recognized by the State of
Alabama.
This bill would authorize the tribe to employ
individuals to provide police protection to tribal
grounds, property, employees, and residents.
This bill further describes the police officers'
powers of arrest and the limits of their authority off
of tribal property.
A BILL
TO BE ENTITLED
AN ACT
Relating to the Ma-Chis Lower Creek Indian Tribe; to
authorize the tribe to employ certified police officers to
provide protection to tribal property and tribal property
residents; and to describe and limit the duties of tribal
police officers.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. (a) For the purposes of this section, the
following terms have the following meanings:
(1) POLICE OFFICER. A law enforcement officer appointed
by the tribe pursuant to subsection (b) who meets all of the
requirements of the Alabama Peace Officers' Standards and
Training Commission for certified law enforcement officers.
(2) RESERVATION. The area within the boundaries of the
Ma-Chis Lower Creek Indian Tribe Reservation, including all
structures, fixtures, and personal property owned by the
tribe, and any property owned or held in trust for the tribe
by the United States.
(3) TRIBE. The tribe of Indians organized as a
nonprofit corporation known as the MaChis Lower Alabama Creek
Indian Tribe and recognized by the State of Alabama as the
Ma-Chis Lower Creek Indian Tribe.
(b) The council of the tribe may employ one or more
suitable individuals to act as police officers to protect the
reservation from intruders and trespassers, to prevent damage
to the properties of the reservation, and to provide for the
safety of residents and employees of the reservation. No state
or local funds allocated for law enforcement purposes shall be
used to provide financial support for the police officers
hired by the tribe. The authority of any individual hired as a
police officer shall immediately cease when the individual
ceases to be an employee of the tribe.
(c)(1) Any police officer hired by the tribe pursuant
to subsection (b) shall be charged with all of the powers of
state police officers, including, but not limited to, the
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state police officers, including, but not limited to, the
right to bear firearms. A police officer may do any of the
following:
a. Eject trespassers from the buildings and grounds of
the reservation.
b. Without a warrant, arrest an individual who is
engaging in disorderly conduct, trespassing upon reservation
property, or committing any offense on the reservation in the
presence of the police officer.
c. Bring any individual arrested under paragraph b.
before a court having jurisdiction and, upon proper affidavit,
charge the individual with committing the offense.
d. With a lawful warrant, arrest any individual for
committing any offense on the reservation and bring the
individual before a court having jurisdiction for charging and
prosecution.
(2) Any individual who is lawfully arrested by a police
officer who is employed by the tribe may be received into the
custody of the law enforcement agency that would otherwise
have jurisdiction over the offense for incarceration and may
be prosecuted before the court having jurisdiction.
(d) The power of a police officer employed by the tribe
pursuant to this section may be exercised only upon the
reservation, and a police officer may not otherwise act as a
police officer off of the reservation except under either of
the following conditions:
(1) When lawfully pursuing any offender suspected of
committing an offense while on the reservation.
(2) When making an arrest for a felony that has been
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(2) When making an arrest for a felony that has been
committed either in the presence of the police officer or,
where probable cause exists, on the reservation.
Section 2. This act shall become effective on October
1, 2025.
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