Wash. Rev. Code § 10.32.005

Current through 2024

Section 10.32.005 - [Effective 7/1/2025] Findings-Intent-Purpose-2024 c 207

The legislature recognizes that the 29 federally recognized Indian tribes with territory inside the state of Washington have a shared interest with the state in public safety, and that continued and expanded cooperation with tribal justice systems will promote that interest. The legislature also recognizes that tribes have, for decades, agreed by treaty and through practice not to shelter or conceal those individuals who violate state law and to surrender them to the state for prosecution. In the interests of public safety and partnership, it is therefore the intent of the legislature to create uniform processes by which the state may consistently reciprocate with tribes the return of those individuals who violate tribal law and seek to avoid tribal justice systems by leaving tribal jurisdiction.

The legislature further recognizes it is a constitutional imperative that individuals alleged to have violated criminal laws are afforded the fullest protections of due process including, but not limited to:

(1) The right to effective assistance of counsel at least equal to that guaranteed by the United States Constitution;

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

(3) the right to a criminal proceeding presided over by a judge who is licensed to practice law and has sufficient legal training;

(4) the right to have access, prior to being charged, to the tribe's criminal laws, rules of evidence, and rules of criminal procedure; and

(5) the right to a record of the criminal proceeding, including an audio or other recording of the trial proceeding. The legislature finds that numerous federally recognized tribes with territory inside the state have systems and processes recognized by the federal government as providing due process to defendants at least equal to those required by the United States Constitution. The legislature also finds that all defendants in tribal courts have the right to petition for a writ of habeas corpus.

The legislature additionally recognizes the importance of establishing clear statutory duties when directing peace officers of this state to effectuate new aspects of their work. It is the intent of the legislature that chapter 207, Laws of 2024 set forth procedures by which peace officers and correctional staff of this state must recognize and effectuate tribal arrest warrants.

Therefore, the legislature declares the purpose of chapter 207, Laws of 2024 is to expand cross-jurisdictional cooperation so that fugitives from tribal courts cannot evade justice by remaining off reservation in Washington's counties and cities, while ensuring that defendants receive the fullest due process protections.

RCW 10.32.005

Added by 2024 c 207,§ 1, eff. 7/1/2025.