Assembly Bill A9500

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9500
 
                           I N  A S S E M B L Y
 
                              January 7, 2026
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the Indian law, in relation to  the  entering  of  lands
   owned or occupied by any nation, tribe, or band of Indians by a person
   and law enforcement agreements with the Seneca Nation
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 5 and 6 of section 8  of  the  Indian  law,
 subdivisions  1 and 5 as amended and subdivision 6 as added by a chapter
 of the laws of 2025 amending the Indian law relating to non-Indian tres-
 pass and drug trafficking activities within Indian lands, as proposed in
 legislative bills numbers S. 8127 and A. 8289, are amended  to  read  as
 follows:
   1.  A.  Except  as  otherwise  provided by law, no person shall enter,
 remain, settle or reside, conduct a business,  operate  a  junkyard,  or
 establish  or contribute to an automobile graveyard or dump of any kind,
 upon any lands owned or occupied by any nation, tribe or band  of  Indi-
 ans,  except  the  citizens  or members of such nation, tribe or band or
 their authorized guests or lessees.
   B. FOR PURPOSES OF THIS SUBDIVISION, A PERSON SHALL NOT BE  DEEMED  TO
 HAVE  ENTERED  THE LANDS OWNED OR OCCUPIED BY ANY NATION, TRIBE, OR BAND
 OF INDIANS IF  SUCH  PERSON  IS  TEMPORARILY  AND  CONTINUOUSLY  PASSING
 THROUGH SUCH LANDS ON HIGHWAYS, ROADS, TRAILS, OR OTHER THOROUGHFARES.
   5.   If a person, conducting a business, engaging in drug trafficking,
 operating a junkyard, or having established or contributed to an automo-
 bile graveyard or dump, shall have been determined  to  be  an  intruder
 under  this  section,  such  judge may, in addition to any other penalty
 prescribed by this section, order the confiscation or  removal  of  such
 business,  drug trafficking materials or equipment, junkyard, automobile
 graveyard or dump within a reasonable time subject to  the  consent  [of
 the authority] of the affected nation, tribe or band.
   6.  [A]  EXCEPT AS SET FORTH IN PARAGRAPH B OF SUBDIVISION ONE OF THIS
 SECTION, A determination or designation by the nation, tribe or band  of
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11875-02-6
              

 A. 9500                             2
 
 a  person  as  an  intruder upon the lands of such nation, tribe or band
 shall be dispositive of the matter.
   §  2.  Section 79 of the Indian law, as added by a chapter of the laws
 of 2025 amending the Indian law relating to non-Indian trespass and drug
 trafficking activities within Indian lands, as proposed  in  legislative
 bills numbers S. 8127 and A. 8289, is amended to read as follows:
   §  79.  Law  enforcement  agreements.  1.  Notwithstanding  any  other
 provision of law, at the request of the Seneca nation,  [the  governor,]
 the  superintendent of state police, a sheriff of a county that includes
 lands of the Seneca nation, or the chief of police of the city of  Sala-
 manca, may enter into an agreement with the Seneca nation [governing the
 terms  and  conditions of criminal law enforcement activities] DETAILING
 THE ACTIVITIES THAT SUCH LAW ENFORCEMENT ENTITY  WILL  UNDERTAKE  within
 the  nation's  federally-recognized  Indian Country lands.  THESE AGREE-
 MENTS SHALL NOT BE CONSTRUED TO LIMIT THE POWERS, DUTIES, AND  RESPONSI-
 BILITIES TO UNDERTAKE ACTIVITIES ON INDIAN LANDS, INCLUDING LANDS OF THE
 SENECA NATION, THAT HAVE OTHERWISE BEEN CONFERRED UPON SUCH LAW ENFORCE-
 MENT ENTITIES PURSUANT TO LAW, RULE, OR REGULATION.
   2.  The  agreements  authorized in subdivision one of this section may
 include provisions [defining criminal offenses and penalties that  shall
 apply  within  the  nation,  deputization] RELATED TO THE APPOINTMENT OF
 TRIBAL MEMBERS OR NATION EMPLOYEES AS POLICE OFFICERS PURSUANT TO  PARA-
 GRAPHS  (C)  AND  (D)  OF SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
 CRIMINAL PROCEDURE LAW, extradition, and other related  provisions  that
 may be agreed upon by the parties.  THESE AGREEMENTS ARE NOT INTENDED TO
 AND SHALL NOT BE INTERPRETED AS ADDING, REPEALING, OR OTHERWISE AMENDING
 ANY LAW, RULE, OR REGULATION.
   [3.  The  courts  of the state shall give full force and effect to the
 provisions of any agreement authorized herein in any criminal proceeding
 arising out of  offenses  committed  within  the  lands  of  the  Seneca
 nation.]
   §  3.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending the Indian law relating
 to non-Indian trespass and drug  trafficking  activities  within  Indian
 lands,  as  proposed  in  legislative bills numbers S. 8127 and A. 8289,
 takes effect.