A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 53 TO TITLE 23 SO AS TO RECOGNIZE THE CATAWBA NATION POLICE DEPARTMENT AS AN OFFICIAL LAW ENFORCEMENT AGENCY IN THIS STATE, TO AFFIRM CURRENT POWERS AND DUTIES OF THE DEPARTMENT, TO PROVIDE QUALIFICATIONS FOR OFFICERS OF THE DEPARTMENT, AND TO AUTHORIZE THE DEPARTMENT TO ENTER INTO MUTUAL AID AGREEMENTS WITH OTHER LAW ENFORCEMENT AGENCIES.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Title 23 of the S.C. Code is amended by adding:

 

CHAPTER 53

 

Catawba Nation Police Department

 

    Section 23-53-10.  The General Assembly finds:

        (1) The Catawba Indian Nation, pursuant to its inherent sovereignty and with the agreement of the State, pursuant to Section 27-16-70(C), has established the Catawba Nation Police Department to enforce law on Catawba lands. The Catawba Nation Police Department operates under the inherent sovereignty of the Catawba Nation. While on duty Catawba police officers wear distinctive uniforms bearing the seal of the Catawba Indian Nation.

        (2) The Catawba Nation Police Department's territorial jurisdiction is currently limited to Catawba lands. Within Catawba lands, they have jurisdiction to enforce Catawba Indian Nation Tribal laws and federal and state criminal laws. The enforcement of state law on Catawba lands by Catawba police officers is concurrent and does not diminish the primary authority or jurisdiction of the Catawba Nation to enforce its own tribal laws.

        (3) Catawba police officers are required to undergo and pass the same course of training required of sheriff's deputies in the State and take an oath of office prescribed by the law of the Catawba Indian Nation.

        (4) Catawba police officers are peace officers. While in the performance of their duties, they have all the powers of municipal and county police officers to make arrests for both felonies and misdemeanors and possess all of the common law and statutory powers, privileges, and immunities of police officers. The duties of Catawba police officers include, but are not limited to:

            (a) enforcement of laws prohibiting unlawful conduct on Catawba lands, and protecting all persons and property located there from injury, harm, and damage; and

            (b) enforcing and assisting officials of the Catawba Indian Nation in the enforcement of the tribal law, the laws of the State, county and municipal ordinances, and assisting and cooperating with other law enforcement agencies and officers.

        (5) The Catawba Indian Nation has established a system of ranks and grades within the Catawba Nation Police Department and a promotion policy to ensure efficient operation of the department and the establishment of responsibility in it.

 

    Section 23-53-20.  As used in this chapter:

        (1) "Catawba Indian Nation," "Catawba Indian Tribe," "Catawba Nation," "Nation," or "Tribe," means the Catawba Indian Nation as constituted in aboriginal times that was party to the Treaty of Pine Tree Hill in 1760 as confirmed by the Treaty of Augusta in 1763, that was also party to the Treaty of Nation Ford in 1840, and is a federally recognized tribe that continues to exercise its inherent sovereignty.

        (2) "Catawba lands" means all lands held in trust by the United States for the benefit of the Catawba Indian Nation and lands held in fee simple by the Catawba Indian Nation.

        (3) "Catawba Nation Police Department" means the tribal law enforcement agency established by the Catawba Indian Nation, under its own inherent sovereignty and pursuant to its status as a federally recognized Indian tribe with jurisdiction over its lands and citizens, to provide policing and public safety services on Catawba lands.

        (4) "Catawba police officer" means a sworn officer employed by the Catawba Nation Police Department whose duties include enforcement, as relevant, of Catawba Indian Nation Tribal laws, state and federal criminal laws, protection of life and property, preservation of public order, and prevention, detection, or investigation of crime. It does not include personnel of private security companies.

 

    Section 23-53-30.  (A) It is recognized that Catawba police officers have the power to arrest persons outside Catawba lands when the person arrested has committed a criminal offense within Catawba lands, and the arrest is made during the person's immediate and continuous flight from that territory.

    (B) In addition to any other powers they may have, Catawba police officers operating outside of Catawba lands shall have the powers specified by any mutual aid, cross deputization, or intergovernmental agreements that the Nation enters into with the State, or any county, incorporated municipality, or other political subdivision of this State and these foregoing entities, along with any other entity authorized in Chapter 20 to enter into mutual aid agreements, are authorized to enter into such agreements with the Catawba Indian Nation.   Nothing in this chapter may be construed to preclude the Catawba Indian Nation from entering into mutual aid, cross deputization, or intergovernmental agreements with the State, or any county, incorporated municipality, or other political subdivision of this State as permitted by applicable federal or tribal law.  Such agreements must be consistent with federal law, including the Indian Law Enforcement Reform Act (25 U.S.C. Section 2801, et seq.) and in writing and approved by authorized representatives of both parties.  No such agreement shall constitute a waiver of sovereign immunity unless such waiver is explicitly stated and approved by the Catawba General Council.

    (C) Outside of Catawba lands, Catawba police officers may designate and operate emergency vehicles and patrol cars in the manner provided by law for municipal and county law enforcement officers.  Such a vehicle must bear distinctive and conspicuous lettering which reads "Tribal Police" on the sides and rear of the vehicle and must bear the seal of the Catawba Indian Nation.

    (D) Catawba police officers acting under the authority of this chapter are entitled to the same immunities, legal protections, and indemnification as state and local law enforcement officers under state law and any other protections provided by law.  Catawba police officers acting under the authority of this chapter are considered agents of the State for purposes of indemnification and legal defense.

    (E) The provisions of this chapter may not be construed as a diminution or modification of the authority or responsibility of a municipal police department, sheriff, constable, or other peace officer.

 

    Section 23-53-40.  At the time of their employment, Catawba police officers authorized to exercise the powers granted in Section 23-53-30 must:

        (1) be not less than twenty-one years of age;

        (2) have complied with the training requirement established by Section 27-16-70(C); and

        (3) be a sworn officer under an oath of office which requires them to protect and defend the constitutions of the State of South Carolina and the United States.

 

    Section 23-53-50.  (A) Vehicles used for police purposes by the Catawba Nation Police Department outside Catawba lands are considered emergency vehicles and must be equipped with red or blue lights or combination of such lights, and sirens. They must operate in conformance with the requirements of Chapter 5, Title 56.

    (B) The Catawba Nation Police Department may install, maintain, and operate radio systems on radio frequencies under licenses issued by the Federal Communications Commission, or its successor.

 

    Section 23-53-60.  Catawba police officers authorized to enforce laws outside of Catawba lands are exempt from the reporting requirements of Section 23-1-80 provided they are employed by the Catawba Nation Police Department.

 

    Section 23-53-70.  (A) It is unlawful for a person to falsely represent himself to be a Catawba police officer, agent, or employee of the Catawba Nation Police Department, or arrest, detain, search, or question any person or property of a person, nor may a person without the authority of the Catawba Indian Nation wear its official uniform, insignia, badge, seal, or identification of the Catawba Nation Police Department.

    (B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than one thousand dollars or imprisoned for not less than ten days nor more than ninety days, or both.

 

    Section 23-53-80.  Persons arrested by a Catawba police officer outside of Catawba lands must be processed in the manner persons arrested are processed by municipal and county law enforcement officers.

 

    Section 23-53-90.  All Catawba police officer candidates may attend and be trained at any state academy, facility, or training necessary to complete the training requirement specified in Section 27-16-70(C)(1). The South Carolina Criminal Justice Academy shall provide access and certification to qualified Catawba police officer candidates under the same terms and standards applied to county and municipal officers. No additional requirements or fees over those required for county or municipal officers may be imposed. Training expenses must be paid by the Catawba Indian Nation. A representative of the Nation shall certify that the person concerned is to be employed and request that the person be admitted for training.

 

    Section 23-53-100. The provisions of this chapter may not be construed:

        (1) as conferring authority on the Catawba Indian Nation, but rather must be construed as recognizing and respecting its existing sovereign authority;

        (2) to limit, alter, or impair the inherent sovereignty of the Catawba Indian Nation, or any right, privilege, or authority of the Nation under federal law, treaties, or the Catawba Nation's Constitution;

        (3) to prevent the Catawba Indian Nation from employing or continuing to employ guards, gatekeepers, and other security personnel. The chapter only applies to those security officers who are granted the additional law enforcement authority, including the power to arrest, provided for officers who fulfill the requirements and meet the standards prescribed in this chapter;

        (4) to diminish the authority of other federal, state, county, or municipal law enforcement agencies; or

        (5) to alter any jurisdictional provisions of federal law, or affect jurisdictional agreements authorized under federal law.

 

SECTION 2.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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