HB0144 - Law enforcement mutual aid.
2001 |
State of Wyoming |
01LSO-0364 |
HOUSE BILL NO. HB0144
Law enforcement mutual aid.
Sponsored by: Representative(s) Rose
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 7-3-710 are created
14 to read:
15
16 ARTICLE 7
17 LAW ENFORCEMENT MUTUAL AID
Page 1
1
2 7-3-701. Short title.
3
4 This act shall be known
and may be cited as the "Law
5
Enforcement Mutual Aid Act."
6
7 7-3-702. Definitions.
8
9 (a) When used
in this act, unless the context
10 requires otherwise, the following
definitions apply:
11
12 (i) "Law
enforcement agency" means a lawfully
13 established federal, state or local public
agency that is
14 responsible for the prevention and detection
of crime and
15 the enforcement of penal, traffic,
regulatory or criminal
16 laws;
17
18 (ii) "Law
enforcement agency of another state"
19 includes a law enforcement agency of another
state and any
20 political subdivision of that state;
21
22 (iii) "Law
enforcement employee of another
23 state" means an employee of a law
enforcement agency
24 trained and certified in accordance with the
laws of the
Page 2
1
state or jurisdiction where regularly employed by the
2
United States, another state or political subdivision;
3
4 (iv) "Mutual
aid agreement" or "an agreement"
5
means an agreement between two (2) or more law enforcement
6
agencies consistent with the purposes of this act;
7
8 (v) "Party
law enforcement agency" means a law
9
enforcement agency that is a party to a mutual aid
10 agreement as set forth in this act;
11
12 (vi) "Wyoming
law enforcement agency" includes a
13 sheriff, municipal, college or university
police force,
14 Wyoming highway patrol and the division of
criminal
15 investigation;
16
17 (vii) "Wyoming
law enforcement employee" has the
18 same meaning as "peace officer" as
defined in W.S. 7-2-101;
19
20 (viii) "This
act" means W.S. 7-3-701 through
21 7-3-710.
22
23 7-3-703. Authorization to enter
agreement; general
24 content; authority of law enforcement employee.
Page 3
1
2 (a) Any one (1)
or more law enforcement agencies of
3
this state may enter into a mutual aid agreement with any
4 one
(1) or more law enforcement agencies of this state or
5
another state or the United States to provide the law
6
enforcement or emergency services that all of the parties
7 are
authorized by law to perform. If required by applicable
8
law, the agreement shall be authorized and approved by the
9
governing body of each party to the agreement.
10
11 (b) The
agreement shall fully set forth the powers,
12 rights and obligations of the parties to the
agreement.
13
14 (c) A mutual
aid agreement may grant a law
15 enforcement employee or officer of any party
law
16 enforcement agency acting within the
territorial
17 jurisdiction of any other party law
enforcement agency
18 authority to act as if he were a duly appointed
and
19 qualified law enforcement employee or
officer of the law
20 enforcement agency he is assisting.
21
22 7-3-704. Detailed content of agreement.
23
Page 3
1 (a) Any
agreement under this act shall specify the
2
following:
3
4 (i) Its duration;
5
6 (ii) The purpose of the agreement;
7
8 (iii) The manner
of financing the agreement and
9
establishing and maintaining a budget therefor;
10
11 (iv) The method
to be employed in accomplishing
12 the partial or complete termination of the
agreement and
13 for disposing of property upon such partial
or complete
14 termination;
15
16 (v) Provision
for administering the agreement,
17 which may include creation of a joint board
responsible for
18 such administration;
19
20 (vi) The manner
of acquiring, holding and
21 disposing of real and personal property used
in the
22 agreement;
23
Page 5
1 (vii) The minimum
standards for law enforcement
2
employees implementing the provisions of the agreement;
3
4 (viii) The
respective liability of each party to
5 the
agreement for the actions of law enforcement employees
6
when acting under the provisions of the agreement;
7
8 (ix) The minimum
insurance required of each
9 party
to the agreement;
10
11 (x) The exact
chain of command or delegation of
12 authority to be followed by law enforcement
employees
13 acting under the provisions of the
agreement;
14
15 (xi) The
enforcement authority that the law
16 enforcement employee of each party law
enforcement agency
17 may exercise;
18
19 (xii) Provisions
for any specific immunities not
20 listed in W.S. 7-3-710 and for defending law
enforcement
21 employees in civil litigation;
22
23 (xiii) Any other necessary and proper matters.
24
Page 6
1 7-3-705. Right of state in actions
involving
2 agreements.
3
4 In
any case or controversy involving performance or
5
interpretation of or liability under a mutual aid agreement
6
entered into between one (1) or more law enforcement
7
agencies of political subdivisions of this state and one
8
(1) or more law enforcement agencies of another state or of
9
the United States, the parties to the agreement are the
10 real parties in interest. This state
may maintain an action
11 against any law enforcement agency
whose default, failure,
12 performance or other conduct caused
or contributed to any
13 liability incurred by this state.
14
15 7-3-706. Agreement not to relieve agency of duties.
16
17 No agreement made under this act may relieve
any law
18 enforcement agency of this state of
any duty imposed upon
19 it by law. Timely performance of
such a duty by a joint
20 board or other legal or
administrative entity created by a
21 mutual aid agreement may be offered
in satisfaction of the
22 duty.
23
24 7-3-707. Limitation of powers.
Page 7
1
2
Except for the right granted by this act to jointly
3
exercise powers, this act does not authorize any law
4
enforcement agency of this state to exercise any power that
5
it is not otherwise authorized to exercise.
6
7 7-3-708. Submission of agreement to attorney general.
8
9 (a) As a
condition precedent to an agreement becoming
10 effective under this act, the agreement
shall be submitted
11 to and receive the approval of the attorney
general.
12
13 (b) The
attorney general shall approve an agreement
14 submitted to him under this act unless he
finds that it is
15 not in proper form, does not meet the requirements
set
16 forth in this act or otherwise does not
conform to the laws
17 of Wyoming. If he disapproves an agreement,
he shall
18 provide a detailed, written statement to the
governing
19 bodies of the party law enforcement
agencies.
20
21 (c) If the
attorney general does not disapprove an
22 agreement within forty-five (45) days after
its submission
23 to him, it is considered approved by him.
24
Page 8
1 7-3-709. Filing of agreement.
2
3
Within twenty (20) days after approval by the attorney
4
general, an agreement made pursuant to this act shall be
5
filed in the office of the secretary of state.
6
7 7-3-710. Immunity.
8
9
Whenever the employees of any party state are rendering
10 outside aid pursuant to the request
of another party state
11 under an agreement under this act,
the state or federal
12 employees shall, under the direction
of the state to which
13 they are rendering aid, have the
same powers, duties,
14 rights, privileges and immunities as
comparable employees
15 of the state to which they are
rendering aid.
16
17 Section 2. W.S. 1-39-103(a)(iii), 1-41-102(a)(iv),
18 6-1-104(a)(vi) by creating a new
subparagraph (N),
19 7-2-101(a)(iv) by creating a new
subparagraph (M) and
20 7-3-103(a) by creating a new
paragraph (v) are amended to
21 read:
22
23 1-39-103. Definitions.
24
Page 9
1 (a) As used in this act:
2
3 (iii) "Peace
officer" means as defined by W.S.
4 7-2-101;, but does not
include those officers defined by 5
W.S. 7-2-101(a)(iv)(K);
6
7 1-41-102. Definitions.
8
9 (a) As used in this act:
10
11 (iv) "Peace
officer" means as defined by W.S.
12 7-2-101;, but does not include those officers defined by 13
W.S. 7-2-101(a)(iv)(K);
14
15 6-1-104. Definitions.
16
17 (a) As used in
W.S. 6-1-101 through 6-10-203 unless
18 otherwise defined:
19
20 (vi) "Peace
officer" includes the following
21 officers assigned to duty in the state of
Wyoming:
22
23 (N) Certified law enforcement officers of
24 another
state while responding to a request for assistance
Page 10
1 from a peace officer in this state pursuant to the "Law
2 Enforcement Mutual Aid Act" or
other lawful request.
3
4 7-2-101. Definitions.
5
6 (a) As used in W.S. 7-2-101 through 7-2-105:
7
8 (iv) "Peace officer" means:
9
10 (M) Certified law enforcement officers of
11 another
state while responding to a request for assistance
12 from
a peace officer in this state pursuant to the "Law
13 Enforcement
Mutual Aid Act" or other lawful request.
14
15 7-3-103. Purpose and objects; required ratification.
16
17 (a) Any
agreement or compact entered into under W.S.
18 7-3-101 through 7-3-107
7-3-103 shall be designed to
19 suppress crime, to circumvent the activities
of criminals
20 and to expedite their apprehension and
trial, and to
21 enforce generally the respective criminal
laws and policies
22 of Wyoming and any other state entering into
the agreement
23 or compact. In order to effectuate those
purposes, an
Page 11
1
agreement or compact may contain specific provisions for
2 the
accomplishment of any of the following objects:
3
4 (v) The agreement of
one (1) or more law
5 enforcement agencies of this state to
enter into mutual aid
6 agreements with one (1) or more law
enforcement agencies of
7 this state or any other state or the
United States in order
8 to facilitate and coordinate
efficient, cooperative
9 enforcement efforts directed at mutual
law enforcement
10 problems
transcending jurisdictional boundaries.
11
12 Section 3. W.S. 6-1-104(a)(vi)(M),
7-2-101(a)(iv)(K),
13 7-3-103(b) and 7-3-104 through 7-3-107 are
repealed.
14
15 Section 4. This act is effective July 1, 2001.
16
17 (END)
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