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 if the peace officer verifies the validity of the warrant and confirms that the warrant permits extradition . 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. The bill outlines the court process for extradition cases arising from a Tribal court arrest warrant.

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. If a Tribal court issues an order rescinding the Tribal court's original commitment order, the state, county, or municipal law enforcement agencies; state courts; hospitals; behavioral health facilities; health-care providers; and others within the state responsible for providing services to the person subject to the commitment order shall recognize the order rescinding the Tribal court's original commitment order and release the person subject to the commitment order.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)