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STATE OF WYOMING 

DRAFT ONLY 

NOT APPROVED FOR

INTRODUCTION 

 

 

HOUSE BILL NO. 

Wind River Reservation law enforcement. 

Sponsored by: Select Committee on Tribal Relations 

A BILL 

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AN ACT relating to law enforcement; authorizing tribal law 

enforcement officers to enforce state traffic laws as 

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specified; requiring an agreement between state and tribal 

authorities; providing for liability coverage; requiring 

certification of tribal law enforcement officers by the 

peace officer standards and training commission; defining 

terms; requiring rulemaking; providing legislative 

findings; and providing for an effective date. 

Be It Enacted by the Legislature of the State of Wyoming: 

Section 1. W.S. 7-2-109 and 9-1-712 are created to 

read: 

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7-2-109. Authority of tribal law enforcement 

officers; legislative findings. 

(a) The legislature finds that allowing tribal law 

enforcement officers to enforce state traffic laws on the 

Wind River Indian Reservation is in the best interest of 

the residents of the Wind River Indian Reservation and all 

users of public roads and highways on the Wind River Indian 

Reservation. The grant of authority is intended to increase 

the number of law enforcement officers available to quickly 

and effectively respond to traffic violations, including 

driving under the influence offenses. 

(b) Tribal law enforcement officers who are certified 

according to W.S. 9-1-712 are authorized to enforce state 

traffic laws as set forth in this section, except as 

provided in subsection (m) of this section. The authority 

of tribal law enforcement officers certified according to 

W.S. 9-1-712 shall be limited to exercising the authority a 

Wyoming peace officer is authorized to exercise in 

enforcing state traffic laws, but only: 

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(i) Within the geographic boundaries of the Wind 

River Indian Reservation; or 

(ii) While in fresh pursuit of a person who the 

officer has probable cause to believe has committed a 

violation of a state traffic law within the Wind River 

Indian Reservation and enforcing violations of state 

traffic laws that have occurred outside of the Wind River 

Indian Reservation observed in the course of the fresh 

pursuit. 

(c) To manage incidents occurring while acting 

pursuant to subsection (b) of this section, in advance of 

any incident, tribal law enforcement officers and state or 

local law enforcement agencies may enter into a written 

memorandum of understanding regarding operating procedures. 

(d) A tribal law enforcement officer may exercise the 

authority granted by this section provided the entity 

employing the officer has entered into an agreement with 

the state, to be signed by the attorney general, to comply 

with all applicable requirements and regulations of the 

department of transportation and the department of health 

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with respect to implementation and administration of state 

traffic laws, including the administration of chemical 

tests. The agreement entered into under this subsection 

shall also provide that the entity employing the arresting 

officer agrees to pay the expenses associated with any of 

the following: 

(i) Chemical tests administered at the direction 

of a tribal law enforcement officer; 

(ii) Transporting prisoners; 

(iii) Medical care of offenders until the 

offender is transferred to a county detention facility. 

(e) A tribal law enforcement officer in connection 

with the enforcement of state traffic laws under this 

section may do any of the following: 

(i) Testify in state courts as a law enforcement 

witness; 

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(ii) Make arrests as provided in W.S. 7-2-102 and 

issue citations into state court as provided in 

W.S. 7-2-103; 

(iii) Apply for search warrants, arrest warrants 

and other appropriate writs in circuit or state district 

court; 

(iv) Execute warrants and writs outside the Wind 

River Indian Reservation provided the officer is 

accompanied by a peace officer employed by the jurisdiction 

in which the action is taken; 

(v) Use the chemical testing laboratory of the 

Wyoming public health laboratory; 

(vi) Transport prisoners. 

(f) If an offender is taken into custody by a tribal 

law enforcement officer under the authority of this 

section, the offender shall be promptly delivered to the 

appropriate county detention center unless the offender 

requires immediate medical attention. An offender requiring 

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immediate medical attention shall be delivered to the 

appropriate county detention facility when the offender is 

released from medical care. 

(g) A tribal law enforcement officer making an arrest 

or issuing a citation for violation of a state traffic law 

under this section shall: 

(i) Report the action to the appropriate state 

or local law enforcement officials with jurisdiction over 

the matter within twenty-four (24) hours; 

(ii) Ensure that all necessary copies of 

citations and other documents are filed in the appropriate 

state court and with the appropriate county prosecuting 

attorney within twenty-four (24) hours; 

(iii) Refer any public inquiry into the matter 

to state or local law enforcement according to operating 

procedures agreed to among the law enforcement agencies; 

(iv) Comply with all statutory, regulatory and 

administrative requirements of the department of 

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transportation and the department of health applicable to 

the administration and enforcement of state traffic laws. 

(h) The same degree and extent of all pension, 

relief, disability, workers' compensation insurance and 

other benefits that apply to the officer and to the entity 

by whom the officer is employed when the officer is 

performing duties to enforce tribal or federal law within 

the Wind River Indian Reservation shall apply when the 

officer is enforcing state traffic laws under this section. 

(j) Notwithstanding any other provision of law to the 

contrary, any tribal law enforcement officer while 

enforcing a state traffic law under this section shall be 

considered a peace officer and employee of the state of 

Wyoming for purposes of coverage and representation under 

the Wyoming Governmental Claims Act, W.S. 1‐39‐101 through 

1‐39‐120, and the state self-insurance program, W.S. 1‐41‐101 

through 1‐41‐111. This subsection shall not apply if 

liability arising out of such services lies against the 

United States. 

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(k) Nothing in this section shall be interpreted to 

limit or prevent the sheriff of Fremont county or Hot 

Springs county from deputizing a tribal law enforcement 

officer under the sheriff's separate authority and 

discretion. 

(m) Tribal law enforcement officers are not 

authorized to enforce state traffic laws as set forth in 

this section if the contact between the officer and the 

offender resulted from a roadblock within the Wind River 

Indian Reservation that was not in compliance with title 7, 

chapter 17 of the Wyoming statutes. 

(n) As used in this section: 

(i) "Chemical test" means as defined by 

W.S. 31-5-233(a)(viii); 

(ii) "State traffic laws" means title 31 of the 

Wyoming statutes and rules promulgated pursuant to those 

statutes; 

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(iii) "Tribal law enforcement officer" means any 

law enforcement officer employed by the Bureau of Indian 

Affairs, the Northern Arapaho tribe or Eastern Shoshone 

tribe who is authorized to enforce tribal or federal law 

within and upon the Wind River Indian Reservation and who 

is certified according to W.S. 9‐1‐712; 

(iv) "Wind River Indian Reservation" means that 

part of the Wind River Indian Reservation that is "Indian 

Country" as defined in title 18 U.S.C. § 1151. 

9-1-712. Certification of tribal law enforcement 

officer to enforce state traffic laws on the Wind River 

Indian Reservation; rule making. 

(a) The commission shall provide in its rules for 

training and certification of tribal law enforcement 

officers as defined by W.S. 7‐2‐109(m)(iii) to enforce state 

traffic laws as provided under W.S. 7‐2‐109. The training 

requirements shall allow for certification of tribal law 

enforcement officers with training that is comparable to 

basic peace officer training requirements for peace 

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officers appointed on a permanent basis. The commission 

shall also provide in its rules grounds for denial, 

suspension and revocation of a certification. Proceedings 

regarding a denial, suspension or revocation of 

certification under this section shall be subject to the 

contested case procedures of the Wyoming Administrative 

Procedure Act. 

(b) The commission shall notify state and local law 

enforcement of a tribal law enforcement officer's 

certification and upon revocation of a certification under 

subsection (a) of this section. 

Section 2. W.S. 7-2-101(a)(intro) and (iv) by 

creating a new subparagraph (Q), 9-1-701(a)(xii), 

9-1-703(b) by creating a new paragraph (xi), and 

31-5-234(a)(iii) are amended to read: 

7-2-101. Definitions. 

(a) As used in W.S. 7-2-101 through 7-2-107 7-2-109: 

(iv) "Peace officer" means: 

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(Q) Tribal law enforcement officers while 

enforcing state traffic laws in accordance with and subject 

to the limitations in W.S. 7-2-109 and 9-1-712. 

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9-1-701. Definitions. 

(a) As used in this act: 

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(xii) "This act" means W.S. 9-1-701 through 

9-1-709 9-1-712; 

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9-1-703. 

duties. 

Director; appointment; term; powers and 

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may: 

(b) With the approval of the commission, the director 

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(xi) Certify tribal law enforcement officers to 

enforce state traffic laws in accordance with W.S. 7-2-109 

21 and 9-1-712. 

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31-5-234. Unlawful operation of vehicle by youthful 

driver with detectable alcohol concentration; penalty. 

(a) As used in this section: 

(iii) "Peace officer" means as defined by W.S. 

7-2-101(a)(iv)(A), (B), and (G) and (Q); 

Section 3. This act is effective July 1, 2021. 

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