ORS 181A.942
Eligibility to act as authorized tribal police officer
(1)
A tribal police officer is eligible to act as an authorized tribal police officer if the officer:(a)
Is acting within the scope of employment as a tribal police officer;(b)
Is certified as a police officer under the provisions of ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689) to 181A.689 (Standards for speech and expression);(c)
Is in compliance with any rules adopted by the Department of Public Safety Standards and Training under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands); and(d)
Is employed by a tribal government that:(A)
Is in compliance with ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands) and any rules adopted by the department under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands);(B)
Has submitted to the department the resolution and documents described in ORS 181A.944 (Legislative purpose);(C)
Has adopted a provision of tribal law:(i)
That requires the tribal government to participate in, and be bound by, a deadly physical force plan approved under ORS 181A.775 (Definitions for ORS 181A.775 to 181A.805) to 181A.805 (Grants), to the same extent that the county sheriff is required to participate in, and be bound by, the plan;(ii)
That requires the tribal government to retain records related to the exercise of the authority granted to authorized tribal police officers under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands) in a manner substantially similar to the manner in which the provisions of ORS 192.005 (Definitions for ORS 192.005 to 192.170) to 192.170 (Disposition of materials without authorization) require the Department of State Police to retain public records;(iii)
That provides members of the public with the right to inspect records of the tribal government related to the exercise of the authority granted to authorized tribal police officers under ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946) to 181A.946 (Application for nontribal police officers to exercise tribal police powers on tribal lands) in a manner substantially similar to the manner in which the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) provide members of the public with the right to inspect public records of the Department of State Police;(iv)
That requires the tribal government to preserve biological evidence in a manner substantially similar to ORS 133.705 (Definitions for ORS 133.705 to 133.717) to 133.717 (Provision of notice or order to defendant) when the biological evidence:(I)
Is collected as part of a criminal investigation, conducted by an authorized tribal police officer, into a covered offense as defined in ORS 133.705 (Definitions for ORS 133.705 to 133.717); or(II)
Is otherwise in the possession of the tribal government and reasonably may be used to incriminate or exculpate any person for a covered offense as defined in ORS 133.705 (Definitions for ORS 133.705 to 133.717); and(v)
That waives sovereign immunity, in a manner similar to the waiver expressed in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive), as to tort claims asserted in the tribal government’s court that arise from the conduct of an authorized tribal police officer. The waiver described in this sub-subparagraph:(I)
Must apply to the conduct of an authorized tribal police officer that occurs while the provision of tribal law is in effect;(II)
Must allow for recovery against the tribal government in an amount equal to or greater than the amounts described in ORS 30.260 (Definitions for ORS 30.260 to 30.300) to 30.300 (ORS 30.260 to 30.300 exclusive) that are applicable to a local public body;(III)
May require that the claim be asserted in accordance with any applicable tort claims procedures of the tribal government; and(IV)
May exclude claims that could be brought in federal court under the Federal Tort Claims Act;(D)
When an authorized tribal officer separates from employment with the tribal government, provides the department with notification of the dates of hire and separation and the reason for separation from employment;(E)
Follows the rules and regulations of the department related to age, background checks, psychological examinations and physical, intellectual, emotional and moral fitness requirements adopted under ORS 181A.410 (Minimum standards and training for certification) for all authorized tribal officers; and(F)
Has adopted or is exempt from adopting, in accordance with this paragraph, a written pretrial discovery policy that describes how a tribal government and its authorized tribal police officers will assist the district attorney, in criminal prosecutions conducted in state court in which an authorized tribal police officer arrested or cited the defendant, in meeting the pretrial discovery obligations imposed on the state by ORS 135.805 (Applicability) to 135.873 (Protective orders). The process for adopting, and determining whether a tribal government is exempt from adopting, a written pretrial discovery policy is as follows:(i)
A tribal government may request in writing that the sheriff of a county with land that is contiguous to the land of the tribal government provide the tribal government with a copy of any written pretrial discovery policy adopted by the sheriff that describes how the sheriff’s office assists the district attorney in meeting the pretrial discovery obligations imposed by ORS 135.805 (Applicability) to 135.873 (Protective orders). Not later than 30 days after receiving the request, the sheriff shall provide the tribal government with a copy of the policy or notify the tribal government that the sheriff has not adopted the policy.(ii)
If a tribal government fails to submit a written request to each sheriff of a county that is contiguous to the land of the tribal government or if each sheriff has adopted a written pretrial discovery policy described in sub-subparagraph (i) of this subparagraph, the tribal government shall, not later than 90 days after July 22, 2011, adopt a written pretrial discovery policy.(iii)
A tribal government may create and adopt a written pretrial discovery policy or may adopt the written pretrial discovery policy adopted by the sheriff of a county with land that is contiguous to the land of the tribal government.(iv)
If the sheriff of any county with land that is contiguous to the land of the tribal government has not, on the date the sheriff receives a request described in sub-subparagraph (i) of this subparagraph, adopted a written pretrial discovery policy, the tribal government is exempt from adopting a written pretrial discovery policy.(2)
This section does not regulate the conduct or activities of tribal police officers or tribal governments occurring in Indian country or on the land of a tribal government or outside of Indian country or the land of a tribal government but within a tribe’s civil or criminal jurisdiction. [Formerly 181A.685]
Source:
Section 181A.942 — Eligibility to act as authorized tribal police officer, https://www.oregonlegislature.gov/bills_laws/ors/ors181A.html.
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