California Assembly Bill 44 California Law Enforcement Telecommunications System: Tribal Police
The California Law Enforcement Telecommunications System (CLETS) has long encouraged collaboration between law enforcement and government agencies. Historically, Federally Recognized Tribes have not had access to CLETS which has been detrimental to things such as policing reservations and enforcing tribal protection orders for tribal citizens. Recently signed into California Law, AB 44 allows Tribal Governments and agencies the ability to be given access to CLETS as long as they meet the following criteria:
The tribe agrees to waive their right to Sovereign Immunity in regard to their access to CLETS and agrees to operate under California laws and regulations in regard to CLETS usage.
Likewise, tribes must agree to possible sanctions, investigations, or removal of access due to the suspicion of improper use of CLETS.
The tribe also agrees with regulations, policies, and procedures set forth by the Department of Justice in regard to providing access to its employees.
Human Trafficking: Victims Rights
California Senate Bill 376 uses previously established definitions for human trafficking and human
trafficking victims and further requires law enforcement and prosecutors to inform a victim to their right to
have both a victim advocate and support person during interviews. These interviews can include those with
law enforcement, prosecutors, and those requested by a defense attorney. Additionally, the law states that
though a support person may be removed or excluded from an interview by law enforcement or a prosecutor,
these parties can not remove or exclude a victim advocate.
California Assembly Bill 3099
Current legislation allows for the California Department of Justice (DOJ) to provide training and technical assistance to local law enforcement agencies and Native American Tribes. AB 3099 calls for the California DOJ to provide training and guidance to tribes and law enforcement agencies to help reduce confusion surrounding criminal jurisdiction and improve safety on tribal lands. Additionally, the bill funds a study aimed at identifying challenges in the reporting of Missing and Murdered Indigenous People (MMIP) in California. AB 3099 also seeks at establishing the Tribal Assistance Program through the California Department of Justice's Office of Native American Affairs (ONAA). This program will provide guidance and training on PL-280 identify barriers to Missing and Murdered Indigenous Persons, and provide educational documents geared toward tribal citizens.
California Senate Bill 1228 - Victim DNA Samples
California Senate Bill 1228 bans law enforcement from utilizing the DNA connected from victims of crime in searchable databases utilized for the purposes of solving crimes unrelated to the one the sample was originally taken for.
California Assembly Bill 1314 - The Feather Alert
As the State of California contains the highest number of Native Americans within the country, this act requires the implementation of an emergency alert system to be enacted if an AI/AN person goes missing within the state. The alert will utilize current systems in place through the California Highway Patrol for the public notification of missing Native Americans.
Prison Rape Elimination Act of 2003
The degree of sexual assault within the prison/jail system has led to an increased risk of sexually transmitted infections, life threatening infections such as Hepatitis, and increases already high tensions within prisons. Thus, congress created The Prison Rape Elimination Act of 2003 (PREA) to combat the risk of sexual violence of incarcerated individuals
California Assembly Bill 453 - Stealthing
As written, Assembly Bill (AB) 453 creates a civil course of action against a person who intentionally removes a condom during sexual intercourse without proper verbal consent of the other party.
Tribal Protection Orders
Enacted as part of the Violence Against Women Act (VAWA), this legislation requires law enforcement officers to provide full faith and credit to protection orders issued by Federally Recognized Native American Tribes.
Enacted as an official amendment to the California Constitution in 2008 via proposition 9, Marsy's Law seeks to outline the legal rights a victim of crime holds.