HB 1829 — Concerning tribal warrants.

ENGROSSEDH-1124.1 SUBSTITUTE HOUSE BILL 1829 State of Washington 69th Legislature 2025 Regular Session By House Community Safety (originally sponsored by Representatives Lekanoff, Goodman, and Pollet)Pollet READRead FIRSTfirst TIMEtime 02/21/25.02/04/25.

Referred to Committee on Community Safety.

1 ESHBHB 1829 of the tribal court attesting the document is a true record of the tribal court waiver of extradition.

The certified or noncertified tribe demanding the extradition of a tribal fugitive pursuant to this chapter shall have standing in any hearing in state court testing the legality of the extradition.

(1) Upon issuing a tribal warrant, the court of a certified tribe may file such warrant with the superior court of thethis countystate. in which the tribe is physically located along with:

(a)Any Atribal certifiedwarrant copyso offiled shall be enforced by the chargingcourt document;and peace officers of this state as if it were an arrest warrant of the state.

(b) The tribal code provision, constitutional provision, or federal statute authorizing the certified tribe to exercise criminal jurisdiction over the tribal fugitive for whom the tribal warrant has been issued;

and (c) Identifying information for the tribal fugitive.

(2) A warrant so filed shall be timely reviewed by a superior court.

If the court makes a finding of probable cause that a tribal fugitive subject to a filed tribal warrant has been charged with a crime by the filing tribe, the court must order the issuance of a state warrant of arrest for such tribal fugitive from justice under section 4 of this act, which shall expire six months after issuance, unless withdrawn earlier under subsection (4) of this section.

(3) Any judicial proceedings involving a tribal fugitive subject to a warrant filed under this section must occur in the county where the tribal fugitive is first detained.

(4) A warrant filed under this section must be withdrawn once the person who is the subject of the tribal warrant has submitted to the tribe's tribal court jurisdiction or been arrested.

Whenever(1) If any person withinagainst whom a tribal warrant may be issued pursuant to this statechapter shall beeither, chargedbefore onor after the oathissuing of anysuch crediblewarrant, personescape beforefrom anyor judgebe orout magistrateof the jurisdiction of thisthe stateissuing withtribe, the commissionsheriff ofor anyother crimeofficer byto whom such warrant may be directed may pursue and apprehend the party charged, in any federallycounty recognizedin tribethe withstate, territoryand locatedfor withinthat purpose may command aid and exercise the borderssame ofauthority as in the stateofficer's ofown p.county.

2(2) ESHBIf 1829 Washington and with having fled from justice, or with having been convicted of a crimeperson byarrested anyescapes federally recognized tribe with territory located in the state of Washington and having escaped from confinement, or havingis brokenrescued, the terms of such person's bail, probation, or parole, or whenever complaint shall have been made before any judge or magistrate in this state setting forth on the affidavit of any credible person of a federally recognized tribe with territory within this state that a crime has been committed for which the tribe has criminal jurisdiction and that the accused has been charged by such tribe with the commission of the crime, and has fled from justice,whose orcustody withthey havingmade beentheir convictedescape, of a crime in that tribe's courts and having escaped from confinement, or havingwas brokenrescued, themay termsimmediately ofpursue such person's bail, probation, or parole and isretake believedthem toat be in this state, the judge or magistrate shall issue a warrant directed to any peacetime, officer commanding such officer to apprehend the person named therein, wherever such person may be found in this state, and towithin bring such person before the same or any otherplace judge, magistrate, or court who or which may be available in or convenient of access to the placestate. where the arrest may be made, to answer the charge or complaint and affidavit, and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant.

To retake the person escaping or rescued, the person pursuing has the same power to command assistance as given in cases of arrest.

(3) The governor may appoint agents to make a demand upon the executive authority of any state or territory for the surrender of any fugitive from justice, or any other person charged with a felony or any other crime in this state.

Whenever an application shall be made to the governor for the appointment of an agent, he or she may require the official submitting the same to provide whatever information is necessary prior to approval of the application.

Thep. following definitions are applicable in this chapter unless the context otherwise requires:

2 HB 1829 The following definitions are applicable in this chapter unless the context otherwise requires:

(b) The statement recites that it was made under oath, the declarant was aware of such recitation at the time he or she made the p.statement, intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto;

3 ESHB 1829 statement, intended that the statement should be represented as a sworn statement, and the statement was in fact so represented by its delivery or utterance with the signed jurat of an officer authorized to administer oaths appended thereto;

(6)p. "Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding;

3 HB 1829 (6) "Testimony" includes oral or written statements, documents, or any other material that may be offered by a witness in an official proceeding;

p.(1) "Noncertified tribe" means a federally recognized tribe located within the borders of the state of Washington that is requesting that a tribal fugitive be surrendered to the duly authorized agent of the tribe, but has not received approval to exercise jurisdiction under the tribal law and order act of 2010, section 234, codified at 25 U.S.C.

4 ESHB 1829 (1) "Noncertified tribe" means a federally recognized tribe located within the borders of the state of Washington that is requesting that a tribal fugitive be surrendered to the duly authorized agent of the tribe, but has not received approval to exercise jurisdiction under the tribal law and order act of 2010, section 234, codified at 25 U.S.C.

(6)p. "Tribal fugitive" or "fugitive" means any person who is subject to tribal court criminal jurisdiction, committed an alleged crime under the tribal code, and thereafter fled tribal jurisdiction, including by escaping or evading confinement, breaking the terms of their probation, bail, or parole, or absenting themselves from the jurisdiction of the tribal court.

4 HB 1829 (6) "Tribal fugitive" or "fugitive" means any person who is subject to tribal court criminal jurisdiction, committed an alleged crime under the tribal code, and thereafter fled tribal jurisdiction, including by escaping or evading confinement, breaking the terms of their probation, bail, or parole, or absenting themselves from the jurisdiction of the tribal court.

(1) A peace officer ((or a peace)) as defined in RCW 43.101.010, limited authority Washington peace officer as defined in RCW 10.93.020, specially commissioned Washington peace officer as defined in RCW 10.93.020, or local or state corrections officer as defined in RCW 43.101.010,43.101.010 jailor assuch definedofficer's inlegal RCWadvisor 70.48.020,may not be held criminally or suchcivilly liable for making an arrest under chapter 207, Laws of 2024 if the peace officer or the peace officer's p.legal advisor acted in good faith and without malice.

5 ESHB 1829 or jail facility's legal advisor may not be held criminally or civilly liable for making an arrest or not making an arrest under chapter 207, Laws of 2024 if the peace officer or the peace officer's legal advisor acted in good faith and without malice.

(2) The judge shall inform the person appearing under subsection (1) of this section of the name of the noncertified tribe that has subjected the person to an arrest warrant, the basis of the arrest warrant, the right to assistance of counsel, and the right to require ap. judicial hearing before transfer of custody to the applicable noncertified tribe.

5 HB 1829 a judicial hearing before transfer of custody to the applicable noncertified tribe.

The court shall release the person upon conditions that will reasonably assure p.availability of the person for the hearing or direct a peace officer to maintain custody of the person until the time of the hearing.

6 ESHB 1829 availability of the person for the hearing or direct a peace officer to maintain custody of the person until the time of the hearing.

(1)p. Any arrest warrant issued by the court of a certified tribe shall be accorded full faith and credit by the courts of the state of Washington and enforced by the court and peace officers of the state as if it were the arrest warrant of the state.

6 HB 1829 (1) Any arrest warrant issued by the court of a certified tribe shall be accorded full faith and credit by the courts of the state of Washington and enforced by the court and peace officers of the state as if it were the arrest warrant of the state.

For the purposes of this section, detainer means a request by a certified tribe's tribal court, tribal police department, or tribal prosecutor's office, filed with the place of detention in which a person is incarcerated, to hold the person for the certified tribe and to notify the tribe when p.release of the person is imminent so that the person can be transferred to tribal custody within 72 hours of their release from all other holds.

7 ESHB 1829 release of the person is imminent so that the person can be transferred to tribal custody within 72 hours of their release from all other holds.

87 ESHBHB 1829