close
close

topicnews · September 29, 2024

Tribal police officers are no longer considered peace officers after Newsom’s veto

Tribal police officers are no longer considered peace officers after Newsom’s veto

Top line:

Gov. Gavin Newsom vetoed AB 2138, which would have allowed some tribal police officers to qualify as state peace officers. He said this has created legal disparities between tribal police and police officers.

Why it matters: Tribal police officers do not currently have peace officer status due to Public Law 280, a federal law passed in 1953 that gave California and five other states criminal jurisdiction over tribal lands.

James Ramos, California’s first Native American legislator and sponsor of AB 2138, said Public Law 280 has created difficulties for public safety in California, particularly on Native lands.

Wait, what is a peace officer?: It is the same legal designation shared by law enforcement agencies such as the California Highway Patrol, city constables, sheriff’s deputies and the Los Angeles Harbor Police Department. They have the right to make arrests and exercise their authority throughout the state.

Why now: Tribal advocacy groups supported the bill, saying it would help tribal police investigate kidnappings and murders of tribal people. Attorney General Rob Bonta was also a supporter.

The reason for the veto: “While this bill is well-intentioned, it unfortunately creates a significant legal disparity between California peace officers and tribal police officers,” Newsom wrote in his veto message.

What’s next: In a statement, Ramos thanked Newsom and said he looked forward to “resolving the difficulties it has created for California’s public safety once the Legislature reconvenes.” It is still unclear whether he will submit a revised version of the bill.

Other bills: Newsom approved other bills affecting Native Americans in California, including Ramos’ AB 1821, which requires schools to teach students about the treatment of Native Americans during Spanish colonization and the Gold Rush era.

Go deeper: More information about what the bill would have done for tribal peace officers can be found here.