Page:2021 North Dakota Session Laws.pdf/388

Corrections, Parole, and Probation CHAPTER 100

HOUSE BILL NO. 1126

(Representatives Roers Jones, Buffalo, Heinert, Ista, Jones, Mock, Porter)

(Senators Bakke, Dwyer)

AN ACT to amend and reenact section 12-63-02.2 of the North Dakota Century Code, relating to tribal police officers; and to declare an emergency.

BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

'''SECTION 1. AMENDMENT.''' Section 12-63-02.2 of the North Dakota Century Code is amended and reenacted as follows:

12-63-02.2. Tribal police officers.

1. A tribal police officer of a federally recognized Indian tribe in this state who meets the requirements of this chapter and the rules adopted by the board is eligible for a peace officer license or part-time peace officer license. The board may waive the training program required for licensure for a tribal police officer.

2. The board shall issue a peace officer license or part-time peace officer license to a tribal police officer who is eligible for a peace officer license or part-time peace officer license under this section and who has paid the prescribed license fee if:

a. The tribal police officer has been appointed as a special deputy in accordance with section 11-15-02;

b. The tribal police officer is employed by the state or a political subdivision; or

c. There is an agreement between the state or a political subdivision and the tribe for tribal police officers to perform law enforcement services; or

d. The tribal police officer has completed the training program unless waived by the board.

3. A tribal police officer who is a member of a police force of a tribal government and who is licensed under this section may exercise the powers of a peace officer of this state within the exterior boundaries of the reservation, or off the reservation, in accordance with the terms and conditions of the special deputy appointment, the employment agreement, or the agreement between the state or political subdivision and the tribe.

4. A tribal police officer who has a peace officer license under this section is subject to this chapter and the rules adopted by the board, including requirements for license renewal or reinstatement, annual sidearm qualification, and continuing education.