SB 6146 — Concerning tribal warrants.

S-4328.1S-3881.1 SUBSTITUTE SENATE BILL 6146 State of Washington 68th Legislature 2024 Regular Session By Senate Law & Justice (originally sponsored by Senators Dhingra, Kauffman, Robinson, Stanford, Hasegawa, Randall, Wellman, Kuderer, Lovelett, Nobles, Saldaña, Shewmake, Valdez, and C.

Wilson)Wilson READRead FIRSTfirst TIMEtime 01/26/24.01/10/24.

Referred to Committee on Law & Justice.

The legislature also recognizes the inherent authority of the judiciary under Article IV, section 1 of the state Constitution to establish rules regarding the jurisdiction of and communication between state and tribal courts as evidenced by superior court civil rule 82.5.

The tribal state court consortium exists within the p.

1 SB 6146 Washington state administrative office of the courts as a joint effort between the state and tribal court officers and other judicial branch members for the purpose of expanding communication and collaboration.

The consortium provides an open, transparent forum where state and tribal court judicial officers may convene regarding issues of jurisdiction and service gaps, and to develop partnerships.

With an emphasis on issues of domestic violence and sexual assault, the consortium's initiatives expressly include addressing issues of full faith and credit in these contexts.

(2) p.the right of an indigent defendant to the assistance of a licensed defense attorney, at the expense of the tribal government;

1 SSB 6146 the right of an indigent defendant to the assistance of a licensed defense attorney, at the expense of the tribal government;

NEWp. SECTION.

2 SB 6146 NEW SECTION.

1302,1302 or been certified by the tribal state court consortium as meeting the requirements of the tribal law and order act, and which has agreed by treaty or practice not to shelter or conceal offenders against the laws of the state of Washington but to deliver them up to state authorities for prosecution.

(2) "Certified tribe" means a federally recognized tribe located within the borders of the state of Washington that has either p.received approval to exercise jurisdiction under the tribal law and order act of 2010, section 234, codified at 25 U.S.C.

2 SSB 6146 received approval to exercise jurisdiction under the tribal law and order act of 2010, section 234, codified at 25 U.S.C.

1302, andor has otherwise posted confirmation to the tribal government's public website documenting the tribe has met the requirements of the tribal law and order act as certified by the officetribal ofstate thecourt attorneyconsortium, general, and which has agreed by treaty or practice not to shelter or conceal offenders against the laws of the state of Washington but to deliver them up to state authorities for prosecution.

NEW SECTION.

Sec.

3.

The office of the attorney general shall verify the certification of the tribe, that the tribe meets the requirements of the tribal law and order act of 2010, section 234, codified at 25 U.S.C.

Sec.

1302.

PROCEDURE FOR TRIBAL WARRANTS OF NONCERTIFIED TRIBES NEWp. SECTION.

3 SB 6146 NEW SECTION.

4.3.

p.NEW SECTION.

3 SSB 6146 NEW SECTION.

5.4.

6.5.

If a criminal prosecution has been instituted against a tribal fugitive under the laws of this state or any political subdivision thereof and is still pending, extradition on a tribal court request under sections 43 through 109 of this act shall be placed on hold until the tribal fugitive's release from a place of detention, unless otherwise agreed upon in any given case.

7.6.

(1) The attorney general or prosecuting attorney shall submit all applicable documents specified in section 43 of this act to a superior court judge in this state along with a motion for an order of surrender.

The judge shall inform the person of the demand made for the person's surrender and the underlying reason for thep. demand, and that the person has the right to demand and procure legal counsel.

4 SB 6146 the demand, and that the person has the right to demand and procure legal counsel.

p.(4) Any hearing to test the legality of the extradition request shall occur within three judicial days, excluding weekends and holidays, of the person receiving notice of the motion for an order of surrender.

4 SSB 6146 (4) Any hearing to test the legality of the extradition request shall occur within three judicial days, excluding weekends and holidays, of the person receiving notice of the motion for an order of surrender.

(6) If the superior court judge determines that the requirements of subsection (4) of this section and section 43 of this act have been met, the judge shall issue an order of surrender to the noncertified tribe.

8.7.

Subject to the provisions of section 65 of this act, a place of detention shall deliver or make available a person in custody to the noncertified tribe without a judicial order of surrender provided that:

and (2)p. The place of detention has received from the noncertified tribe an authenticated copy of a prior waiver of extradition signed by such person as a term of his or her probation, parole, bail, or any other release of the noncertified tribe and photographs or fingerprints or other evidence properly identifying the person as the person who signed the waiver.