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Key Votes

H 111 - Increased Authority for Tribal Peace Officers - Key Vote

Idaho Key Votes

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Legislation - Bill Failed (House) (34-35) - (Key vote)

Title: Increased Authority for Tribal Peace Officers

Vote Smart's Synopsis:

Vote to pass a bill that grants enforcement powers to law enforcement officers of federally designated tribal organizations

Highlights:
  • Authorizes that a law enforcement or police employee of a federally recognized Indian tribe within the state of Idaho may exercise powers within the exterior limits of the reservation of the tribe provided that the officer is appointed by the governing body of the tribe in Idaho and has a certificate from the Idaho Peace Officers Standards and Training Council (Sec. 1)
  • Requires that a tribal law enforcement officer shall be authorized to enforce state law only during the time in which the appointing Indian tribe maintains in force a specified insurance policy or contract (Sec.1)
  • Requires that law enforcement officers appointed by federally recognized Indian tribes within the state of Idaho are subject to the following guideline (Sec. 1):
    • When issuing a citation or summons stating that a person has violated an Idaho statute that requires upon conviction either a fine or imprisonment, the officer shall only cite or summon the person to appear before a state magistrate of the appropriate jurisdiction;
    • When making an arrest pursuant to a warrant, the officer must take the defendant to the magistrate who issued the warrant, and if not possible, to the nearest and most accessible magistrate in the same county;
    • When making an arrest without a warrant, the officer must take the defendant to the nearest and most accessible magistrate in which county the arrest was made;
    • The appointed officer shall comply with all duties imposed on police officers by the state of Idaho relating the arrest, custody, and entitlement to judicial proceedings, by or on behalf of the defendant in a state court of competent jurisdiction;
    • The appointed officer shall cooperate with and assist in investigative and judicial requirements related to the prosecution of the defendant, as required by the respective county sheriff and/or prosecuting attorney; and
    • An officer may be decertified by the Idaho peace officer standards and training council.
Legislation - Introduced (House) -

Title: Increased Authority for Tribal Peace Officers

Committee Sponsors

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