Recognition of Tribal Court Orders

American Indian Affairs Interim Study Committee. Current law does not expressly allow for the state to recognize an arrest warrant issued by a Tribal court of a federally recognized Tribe with a reservation within the exterior boundaries of the state (Tribal court). The bill clarifies that a state court shall give full faith and credit to an arrest warrant issued by a Tribal court. Upon issuance of a Tribal court arrest warrant, a peace officer in the state may apprehend the person identified in the Tribal warrant. Unless otherwise agreed upon by the law enforcement agency in the arresting jurisdiction and the law enforcement authority of the Tribal jurisdiction, the Tribe shall arrange transport of the person to the Tribe's detention facility.

Current law does not expressly allow for the recognition of Tribal court commitment orders. The bill clarifies that any commitment order entered by a Tribal court that concerns a person under the Tribal court's jurisdiction is recognized to the same extent as a commitment order entered by a state court. A health-care provider may communicate with the officers of the Tribal court regarding a patient under the health-care provider's care pursuant to a commitment order to the same extent that the health-care provider may communicate with officers of the court pursuant to a commitment order entered by a state court.

(Note: This summary applies to this bill as introduced.)