NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7256
SPONSOR: Duprey TITLE OF BILL:
An act to amend the Indian law, in relation to expanding the area of the
jurisdiction of the St. Regis Mohawk tribal police; and providing for
the repeal of such provisions upon the expiration thereof
PURPOSE OF BILL:
To enhance highway safety, increase the law enforcement presence and
avoid what has been determined to be unconstitutional vehicle stops
resulting in the dismissal of criminal cases in a specific area of
Franklin County.
SUMMARY OF PROVISIONS:
This bill would amend subdivision 2 of § 114 of the Indian Law to
authorize the Superintendent of State Police to expand the authority of
the St. Regis Police to include a specific area of Franklin County,
outside of the state-recognized boundaries of the St. Regis Indian
reservation to the area commonly referred to as the Bombay Triangle, so
that they may lawfully stop vehicles suspected of criminal violations
such as smuggling, DWI and traffic offenses.
This bill would authorize the Superintendent of State Police, who
currently certifies each tribal officer with state authority on the
reservation, with the authority to certify the officers with additional
authority to exercise police powers in this expanded area. The Super-
intendent would also have the ability to revoke the expanded certif-
ication if warranted in the same manner that he or she may now revoke
the original certification. As such, the State of New York would retain
control of the law enforcement activity in this area.
EXISTING LAW:
Indian Law § 114 currently limits the authority of the St. Regis Mohawk
tribal police to the state-recognized boundaries of the reservation,
which does not include this property.
JUSTIFICATION:
As a result of a long standing dispute between the State of New York and
members of the St. Regis Tribe concerning the legitimacy of a historical
conveyance of certain property in Franklin County, the State and members
of the Tribe disagree on the current location of reservation boundaries.
The Tribe considers the boundaries to be shaped as a roughly intact
rectangle. The State's position is that the reservation lands do not
include a triangle-shaped piece of land in the center of the southern
half of what would otherwise be a fairly clear rectangle. This contested
land in the Town of Bombay is often referred to as the Bombay Triangle
or the Hogansburg Triangle.
§ 114 of the New York Indian Law granted the Superintendent of State
Police the authority to certify members of the St. Regis Police Depart-
ment with State-recognized police officer powers on reservation lands.
Although it has been regularly patrolled by State-Certified St. Regis
tribal officers, courts have recently held that the grant of police
authority to the St. Regis officers did not include this triangular-
shaped piece of property because § 114 was specifically limited to the
reservation itself and the disputed land it is not land considered by
New York State to be within the boundaries of the reservation.
As a result, courts have held that several vehicle stops and subsequent
arrests in this area by tribal officers to be unlawful. Defense attor-
neys have subsequently used these decisions to dismiss criminal cases,
including DWIs and drug related crimes that have been committed in this
territory. This has a detrimental effect on public safety because a
portion of a major highway, Route 37, passes directly through this
section of land and is a popular route among smugglers and drug traf-
fickers.
Under this bill, dismissals such as these would be avoided as the
authority of the St. Regis tribal officers to make arrests in this area
would be beyond question under both State law and tribal law. The bill
would provide a stop-gap measure that would effectively solve a vulner-
ability problem in the public security structure in this area. Moreover,
it would be accomplished in a manner that would not be interpreted as a
concession by either the State or the Tribe with respect to the underly-
ing, long-standing boundary dispute. As these provisions would sunset in
2017, they would create a temporary measure that would enhance highway
safety and provide police protection to the residents of this area. The
law could be extended once it proves to be beneficial to both the Tribe
and the State.
The alternative to this bill is to continue to have the St. Regis police
make arrests that are subject to being dismissed by the courts, or to
have an increased State Police presence in this area. However, as State
Troopers have not traditionally patrolled this area, a change in this
practice could incite unrest as the tribal members who live in this area
consider this land to be tribal property. A surge in State Police
patrols in this area might be interpreted as an infringement of tribal
sovereignty, thus potentially leading to an unnecessary conflict between
its members and State authorities.
The tribal police department, through the operation of a New York State
statute, has become a State-recognized, State-certified police depart-
ment whose members have successfully enforced the law and prosecuted
cases in New York courts. They have proven themselves as an important
partner in the fight against drug smuggling and other border related
crimes and offenses. In fact, there is now a close partnership between
the State Police and the St. Regis Tribal Police department that has
resulted in mutual benefits to both agencies. The limited expansion
proposed by this bill facilitates that relationship and would solve an
unaddressed problem that has resulted in needless dismissals of criminal
cases. This bill would enhance the safety of the members of both police
departments by reducing the tensions that would otherwise result from a
perception of State intrusion into this disputed territory.
LEGISLATIVE HISTORY:
New bill, 2015.
LOCAL IMPACT:
This legislation would reduce tensions between members of the St. Regis
Tribe and State authorities and would provide a solution to a unique
problem that would not affect the legal position of either the State or
the Tribe in any land claims relating to this property. It will also
further enhance the positive relationship between the New York State
Police and the St. Regis Mohawk Tribal Police Department.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
Immediately and shall be in effect until September 1, 2017 at which time
it shall be deemed repealed.
STATE OF NEW YORK
________________________________________________________________________
7256
2015-2016 Regular Sessions
IN ASSEMBLY
April 29, 2015
___________
Introduced by M. of A. DUPREY -- read once and referred to the Committee
on Judiciary
AN ACT to amend the Indian law, in relation to expanding the area of the
jurisdiction of the St. Regis Mohawk tribal police; and providing for
the repeal of such provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 114 of the Indian law, as added by
2 chapter 558 of the laws of 2005, is amended and a new subdivision 8-a is
3 added to read as follows:
4 2. Upon the application of the St. Regis Mohawk tribal council, the
5 superintendent of state police may appoint any person as a police offi-
6 cer with all powers provided for in the criminal procedure law, except
7 for those powers specifically excepted by this section, for the preser-
8 vation of order and of the public peace, and the arrest of all persons
9 committing offenses upon the St. Regis Mohawk tribal reservation and
10 upon additional lands as set forth in subdivision eight-a of this
11 section. The total number of appointments shall be determined by the
12 superintendent in his or her discretion.
13 8-a. Upon the application of the St. Regis Mohawk tribal council, the
14 superintendent is authorized to expand the jurisdiction of any person
15 appointed a police officer under this section to the area within the
16 county of Franklin, outside of the boundary of the St. Regis reserva-
17 tion, to the area known as the "Bombay triangle" in such manner that the
18 southern boundary of the area of expanded jurisdiction shall be a
19 straight line beginning at a point on the southern boundary in the
20 southwest quadrant of the St. Regis reservation, 500 feet east of the
21 St. Regis river at 44.9540N 74.6873W, continuing in an easterly direc-
22 tion to a point on the southern border in the south western quadrant of
23 the reservation at 44.9526N 74.6132W. The area of expanded jurisdiction
24 shall include all points north of this line described herein continuing
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10717-01-5
A. 7256 2
1 to the southern-most border of the St. Regis reservation. Such expanded
2 jurisdiction may be revoked or suspended by the superintendent at his or
3 her discretion. Officers exercising police authority pursuant to this
4 expanded jurisdiction shall be subject to all of the provisions set
5 forth in this section in the same manner as if they were operating with-
6 in the state-recognized borders of the St. Regis reservation and all
7 responsibilities set forth in this section with respect to the duties of
8 the St. Regis Mohawk tribe, including the duty to indemnify and save
9 harmless, shall apply to this area in the same manner as if it was with-
10 in the state-recognized boundaries of the St. Regis reservation. A
11 representative of the administration of the St. Regis Mohawk tribal
12 police department shall keep the superintendent informed, on a monthly
13 basis, of all crimes, accidents and requests for law enforcement
14 services occurring within the area described in this subdivision in
15 whatever manner and format the superintendent designates. Nothing in
16 this section shall be interpreted in a manner to reduce or eliminate the
17 existing jurisdiction of any other state or local police department
18 within this area.
19 § 2. This act shall take effect immediately and shall remain in effect
20 until September 1, 2017 when upon such date the provisions of this act
21 shall expire and be deemed repealed.
