Alabama 2025 Regular Session

Alabama House Bill HB361 Compare Versions

Only one version of the bill is available at this time.

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1	1	HB361INTRODUCED
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3	3	HB361
4	4	FKK6I5C-1
5	5	By Representatives Hammett, Marques, Sells
6	6	RFD: Public Safety and Homeland Security
7	7	First Read: 27-Feb-25
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12	12	5 FKK6I5C-1 02/26/2025 JC (L)lg 2025-1044
13	13	Page 1
14	14	First Read: 27-Feb-25
15	15	SYNOPSIS:
16	16	Existing law does not provide for police
17	17	protection for the property of the Ma-Chis Lower Creek
18	18	Indian Tribe, a tribe recognized by the State of
19	19	Alabama.
20	20	This bill would authorize the tribe to employ
21	21	individuals to provide police protection to tribal
22	22	grounds, property, employees, and residents.
23	23	This bill further describes the police officers'
24	24	powers of arrest and the limits of their authority off
25	25	of tribal property.
26	26	A BILL
27	27	TO BE ENTITLED
28	28	AN ACT
29	29	Relating to the Ma-Chis Lower Creek Indian Tribe; to
30	30	authorize the tribe to employ certified police officers to
31	31	provide protection to tribal property and tribal property
32	32	residents; and to describe and limit the duties of tribal
33	33	police officers.
34	34	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
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62	62	28 HB361 INTRODUCED
63	63	Page 2
64	64	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
65	65	Section 1. (a) For the purposes of this section, the
66	66	following terms have the following meanings:
67	67	(1) POLICE OFFICER. A law enforcement officer appointed
68	68	by the tribe pursuant to subsection (b) who meets all of the
69	69	requirements of the Alabama Peace Officers' Standards and
70	70	Training Commission for certified law enforcement officers.
71	71	(2) RESERVATION. The area within the boundaries of the
72	72	Ma-Chis Lower Creek Indian Tribe Reservation, including all
73	73	structures, fixtures, and personal property owned by the
74	74	tribe, and any property owned or held in trust for the tribe
75	75	by the United States.
76	76	(3) TRIBE. The tribe of Indians organized as a
77	77	nonprofit corporation known as the MaChis Lower Alabama Creek
78	78	Indian Tribe and recognized by the State of Alabama as the
79	79	Ma-Chis Lower Creek Indian Tribe.
80	80	(b) The council of the tribe may employ one or more
81	81	suitable individuals to act as police officers to protect the
82	82	reservation from intruders and trespassers, to prevent damage
83	83	to the properties of the reservation, and to provide for the
84	84	safety of residents and employees of the reservation. No state
85	85	or local funds allocated for law enforcement purposes shall be
86	86	used to provide financial support for the police officers
87	87	hired by the tribe. The authority of any individual hired as a
88	88	police officer shall immediately cease when the individual
89	89	ceases to be an employee of the tribe.
90	90	(c)(1) Any police officer hired by the tribe pursuant
91	91	to subsection (b) shall be charged with all of the powers of
92	92	state police officers, including, but not limited to, the
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122	122	state police officers, including, but not limited to, the
123	123	right to bear firearms. A police officer may do any of the
124	124	following:
125	125	a. Eject trespassers from the buildings and grounds of
126	126	the reservation.
127	127	b. Without a warrant, arrest an individual who is
128	128	engaging in disorderly conduct, trespassing upon reservation
129	129	property, or committing any offense on the reservation in the
130	130	presence of the police officer.
131	131	c. Bring any individual arrested under paragraph b.
132	132	before a court having jurisdiction and, upon proper affidavit,
133	133	charge the individual with committing the offense.
134	134	d. With a lawful warrant, arrest any individual for
135	135	committing any offense on the reservation and bring the
136	136	individual before a court having jurisdiction for charging and
137	137	prosecution.
138	138	(2) Any individual who is lawfully arrested by a police
139	139	officer who is employed by the tribe may be received into the
140	140	custody of the law enforcement agency that would otherwise
141	141	have jurisdiction over the offense for incarceration and may
142	142	be prosecuted before the court having jurisdiction.
143	143	(d) The power of a police officer employed by the tribe
144	144	pursuant to this section may be exercised only upon the
145	145	reservation, and a police officer may not otherwise act as a
146	146	police officer off of the reservation except under either of
147	147	the following conditions:
148	148	(1) When lawfully pursuing any offender suspected of
149	149	committing an offense while on the reservation.
150	150	(2) When making an arrest for a felony that has been
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180	180	(2) When making an arrest for a felony that has been
181	181	committed either in the presence of the police officer or,
182	182	where probable cause exists, on the reservation.
183	183	Section 2. This act shall become effective on October
184	184	1, 2025.
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