Concerning the establishment of a statewide elk management program.
HB 1849 would authorize cross-deputization between Arkansas tribal and local/state police, allowing enforcement across tribal and non-tribal lands under signed agreements.
HB 1849 would authorize cross-deputization between Arkansas tribal and local/state police, allowing enforcement across tribal and non-tribal lands under signed agreements.
Status: Died in committee (House) — Sine Die adjournment, 2025-05-05
Introduced: January 15, 2025
Primary Sponsors: Rep. Gramlich; Sen. J. Boyd
Subject area: Public safety / State agencies & tribal relations
Companion bills: HB 17; HB 2536
Note on source material: The circulated packet includes unrelated or mismatched text (an Illinois energy code bill and an Arkansas title referencing bond issuance). The substantive Arkansas provision summarized below is the cross‑deputization language that would have been added to Arkansas Code Title 12, Chapter 6.
Purpose / Intent
- To authorize formal cross‑deputization agreements between tribal nations that have federally‑recognized tribal land in Arkansas and municipal, county, or state law‑enforcement agencies.
- To create a statutory framework allowing law enforcement officers to exercise enforcement authority across tribal and non‑tribal jurisdictions when covered by an agreement.
Key provisions
- Adds a new Subchapter 9 (12-16-901) to Arkansas Code, Title 12, Chapter 6.
- 12-16-901(a): Permits a municipality, county, or the state to enter into an agreement with a tribal nation (with federally‑recognized tribal land in Arkansas) for cross‑deputization of law enforcement agencies.
- 12-16-901(b): Provides that such an agreement may allow municipal, county, state, and tribal law‑enforcement officers to enforce tribal, state, and local laws on federally‑recognized tribal land and in surrounding jurisdictions.
Who would be affected
- Tribal nations with federally‑recognized land in Arkansas (and their members).
- Municipal, county, and state law‑enforcement agencies and officers that enter into cross‑deputization agreements.
- Residents and visitors on tribal lands and adjacent jurisdictions who could be subject to enforcement by cross‑deputized officers.
Practical implications and limits
- Agreements are permissive and require tribal consent (the statute contemplates formal agreements).
- The bill text is brief and does not specify procedural details typically important in cross‑deputization arrangements, such as:
- Scope and limits of authority, certification/training requirements, supervision, arrest and booking procedures;
- Liability, indemnification, data‑sharing, and recordkeeping;
- Coordination with federal authorities (e.g., federal crimes on tribal land).
- Implementation would rely on negotiated memoranda of understanding (MOUs) and related policies to address operational, civil‑rights, and jurisdictional issues.
Legislative history (selected)
- Filed: 2025-01-15; multiple readings and committee referrals in Jan–Mar 2025.
- Referred to Homeland Security, Public Safety & Veterans' Affairs and to State Agencies & Govt'l Affairs (House).
- Died in House committee at Sine Die adjournment on 2025-05-05.
Conclusion
HB 1849 would have created statutory authority for cross‑deputization agreements between Arkansas state/local agencies and tribal nations to enable mutual law‑enforcement authority on tribal lands and adjacent areas. Because the bill died in committee, no changes to Arkansas law were enacted.
Compiled from official sources — confirm details with the bill’s official record.
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