HB0144 - Law enforcement mutual aid.
2001 |
State of Wyoming |
01LSO-0364.E1 ENGROSSED |
HOUSE BILL NO. HB0144
Law enforcement mutual aid.
Sponsored by: Representative(s) Rose and Senator(s)
Roberts
A BILL
for
1 AN ACT relating to
criminal procedure; authorizing law
2
enforcement agencies of this state to enter into mutual aid
3
agreements with other law enforcement agencies under
4
certain conditions; providing definitions; providing for
5
protection in certain situations; amending related
6
provisions; repealing conflicting and unnecessary
7
provisions; conforming related provisions in the
8
Governmental Claims Act and the state self insurance
9
program; and providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
13 Section 1. W.S. 7-3-701
through 7-3-709 are created
14 to read:
15
16 ARTICLE 7
Page 1
1 LAW ENFORCEMENT MUTUAL AID
2
3 7-3-701. Short title.
4
5 This act shall be known
and may be cited as the "Law
6
Enforcement Mutual Aid Act."
7
8 7-3-702. Definitions.
9
10 (a) When used
in this act, unless the context
11 requires otherwise, the following
definitions apply:
12
13 (i) "Law
enforcement agency" means a lawfully
14 established federal, tribal, state
or local public agency
15 that is responsible for the
prevention and detection of
16 crime and the enforcement of penal,
traffic, regulatory or
17 criminal laws;
18
19 (ii) "Mutual
aid agreement" or "an agreement"
20 means an agreement between two (2)
or more law enforcement
21 agencies consistent with the
purposes of this act;
22
Page 2
1 (iii) "Party
law enforcement agency" means a law
2
enforcement agency that is a party to a mutual aid
3
agreement as set forth in this act;
4
5 (iv) "Wyoming
law enforcement agency" includes a
6
sheriff, municipal, college or university police force,
7
Wyoming highway patrol and the division of criminal
8
investigation;
9
10 (v) "Wyoming
law enforcement employee" has the
11 same meaning as "peace
officer" as defined in W.S. 7-2-101;
12
13 (vi) "This
act" means W.S. 7-3-701 through
14 7-3-709.
15
16 7-3-703. Authorization to enter
agreement; general
17 content; authority of law enforcement
employee.
18
19 (a) Any Wyoming
law enforcement agency may enter into
20 a mutual aid agreement with any one
(1) or more other law
21 enforcement agencies to provide the
law enforcement or
22 emergency services that all of the
parties are authorized
23 by law to perform. If required by
applicable law, the
Page 3
1 agreement
shall be authorized and approved by the governing
2
body of each party to the agreement.
3
4 (b) The
agreement shall fully set forth the powers,
5
rights and obligations of the parties to the agreement.
6
7 (c) A mutual
aid agreement may grant a law
8
enforcement employee or officer of any party law
9
enforcement agency acting within the territorial
10 jurisdiction of any other party law
enforcement agency
11 authority to act as if he were a
duly appointed and
12 qualified law enforcement employee
or officer of the law
13 enforcement agency he is assisting.
14
15 7-3-704. Detailed content of agreement.
16
17 (a) Any
agreement under this act shall specify the
18 following, as may apply:
19
20 (i) Its duration;
21
22 (ii) The purpose of the agreement;
23
Page 4
1 (iii) The manner
of financing the agreement and
2
establishing and maintaining a budget therefor;
3
4 (iv) The method
to be employed in accomplishing
5
the partial or complete termination of the agreement and
6
for disposing of property upon such partial or complete
7
termination;
8
9 (v) Provision
for administering the agreement,
10 which may include creation of a
joint board responsible for
11 such administration;
12
13 (vi) The manner
of acquiring, holding and
14 disposing of real and personal
property used in the
15 agreement;
16
17 (vii) The minimum
standards for law enforcement
18 employees implementing the
provisions of the agreement;
19
20 (viii) The
respective liability of each party to
21 the agreement for the actions of law
enforcement employees
22 when acting under the provisions of
the agreement;
23
Page 5
1 (ix) The minimum
insurance required of each
2
party to the agreement;
3
4 (x) The exact chain
of command or delegation of
5
authority to be followed by law enforcement employees
6
acting under the provisions of the agreement;
7
8 (xi) The
enforcement authority that the law
9
enforcement employee of each party law enforcement agency
10 may exercise;
11
12 (xii) Any other necessary and proper matters.
13
14 7-3-705. Agreement not to relieve agency of duties.
15
16 No agreement made under this act may relieve
any law
17 enforcement agency of this state of
any duty imposed upon
18 it by law. Timely performance of
such a duty by a joint
19 board or other legal or
administrative entity created by a
20 mutual aid agreement may be offered
in satisfaction of the
21 duty.
22
23 7-3-706. Limitation of powers.
24
Page 6
1 Except
for the right granted by this act to jointly
2
exercise powers, this act does not authorize any law
3
enforcement agency of this state to exercise any power that
4
it is not otherwise authorized to exercise.
5
6 7-3-707. Submission of agreement to attorney general.
7
8 (a) As a
condition precedent to an agreement becoming
9
effective under this act, the agreement shall be submitted
10 to and receive the approval of the
attorney general.
11
12 (b) The
attorney general shall approve an agreement
13 submitted to him under this act
unless he finds that it is
14 not in proper form, does not meet
the requirements set
15 forth in this act or otherwise does
not conform to the laws
16 of Wyoming. If he disapproves an
agreement, he shall
17 provide a detailed, written
statement to the governing
18 bodies of the party law enforcement
agencies.
19
20 (c) If the
attorney general does not disapprove an
21 agreement within forty-five (45)
days after its submission
22 to him, it is considered approved by
him.
23
24 7-3-708. Filing of agreement.
Page 7
1
2 Within
twenty (20) days after an agreement becomes
3
effective, the attorney general shall file a copy in the
4
office of the secretary of state.
Failure to file an
5
agreement according to this section shall not affect the
6
validity of the agreement or the exercise of any power or
7
authority pursuant to the agreement.
8
9 7-3-709. Immunity.
10
11 Whenever the employees of any party state
are rendering
12 outside aid pursuant to the request
of another party state
13 under an agreement under this act,
the law enforcement
14 agency employees shall, under the
direction of the state to
15 which they are rendering aid, have
the same powers, duties,
16 rights, privileges and immunities as
comparable employees
17 of the state to which they are
rendering aid.
18
19 Section 2. W.S. 1-39-103(a)(iii), 1-41-102(a)(iv),
20 6-1-104(a)(vi) by creating new
subparagraphs (N) and (O),
21 7-2-101(a)(iv) by creating new
subparagraphs (M) and (N)
22 and 7-3-103(a) by creating a new
paragraph (v) are amended
23 to read:
24
Page 8
1 1-39-103. Definitions.
2
3 (a) As used in this act:
4
5 (iii) "Peace
officer" means as defined by W.S.
6
7-2-101;, but does not include those officers defined by 7
W.S. 7-2-101(a)(iv)(K);
8
9 1-41-102. Definitions.
10
11 (a) As used in this act:
12
13 (iv) "Peace
officer" means as defined by W.S.
14 7-2-101;, but does not include those officers defined by 15
W.S. 7-2-101(a)(iv)(K);
16
17 6-1-104. Definitions.
18
19 (a) As used in
W.S. 6-1-101 through 6-10-203 unless
20 otherwise defined:
21
22 (vi) "Peace
officer" includes the following
23 officers assigned to duty in the
state of Wyoming:
24
Page 9
1 (N) Certified law
enforcement officers of
2 another state while responding to a
request for assistance
3 from a peace officer in this state
pursuant to the "Law
4 Enforcement Mutual Aid Act";
5
6 (O) Any United States
Bureau of Indian
7 Affairs or Shoshone or Arapaho tribe
law enforcement
8 officer meeting the standards and
training requirements set
9 forth in 25 C.F.R. Part 12, or established
by W.S.
10 9-1-702(e), and appointed as a peace officer under an
11 agreement entered into pursuant to the Law Enforcement
12 Mutual Aid Act.
13
14 7-2-101. Definitions.
15
16 (a) As used in W.S. 7-2-101 through 7-2-105:
17
18 (iv) "Peace officer" means:
19
20 (M) Certified law enforcement officers of
21 another
state while responding to a request for assistance
22 from a peace officer in this state pursuant to the "Law
23 Enforcement Mutual Aid Act";
24
Page 10
1 (N) Any United States
Bureau of Indian
2 Affairs or Shoshone or Arapaho tribe
law enforcement
3 officer meeting the standards and
training requirements set
4 forth in 25 C.F.R. Part 12, or
established by W.S.
5 9-1-702(e), and appointed as a peace
officer under an
6 agreement entered into pursuant to the
Law Enforcement
7 Mutual Aid Act.
8
9
10 7-3-103. Purpose and objects; required ratification.
11
12 (a) Any
agreement or compact entered into under W.S.
13 7-3-101 through 7-3-107 7-3-103
shall be designed to
14 suppress crime, to circumvent the
activities of criminals
15 and to expedite their apprehension
and trial, and to
16 enforce generally the respective
criminal laws and policies
17 of Wyoming and any other state
entering into the agreement
18 or compact. In order to effectuate
those purposes, an
19 agreement or compact may contain
specific provisions for
20 the accomplishment of any of the
following objects:
21
22 (v) The agreement of one (1) or more law
23 enforcement
agencies of this state to enter into mutual aid
24 agreements with one (1) or more law enforcement agencies in
Page 11
1 order to facilitate and coordinate efficient, cooperative
2 enforcement efforts directed at mutual
law enforcement
3 problems transcending jurisdictional
boundaries.
4
5 Section 3. W.S. 6-1-104(a)(vi)(M), 7-2-101(a)(iv)(K),
6
7-3-103(b) and 7-3-104 through 7-3-107 are repealed.
7
8 Section 4. This act is effective July 1, 2001.
9
10 (END)
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