Understanding Assembly Bill 134 – Tribal Police Pilot Program

What is AB 134?

Assembly Bill 134 (AB 134) took effect June 27, 2025. In sections 2, 3, and 21 it incorporated the text of Assembly Bill 31, establishing the Tribal Police Pilot Program. The program will run from July 1, 2026, to July 1, 2029. It will permit up to three participating federally recognized tribes to obtain California peace officer status and exercise corresponding authority to enforce state law on tribal lands consistent with California law. The Department of Justice, Attorney General (DOJ), in coordination with the Commission on Peace Officer Standards and Training (POST), will provide ongoing monitoring, evaluation, and support for the Tribal Police Pilot Program. The law requires the Attorney General under the new program over a period of three years, among other things, to:

  • Select 3 tribal entities to participate;
  • Prepare and submit reports to the Legislature, the Assembly Select Committee on Native American Affairs, and the Assembly and Senate Public Safety.

Committees addressing the impacts of the pilot program on crime rates on Indian lands and surrounding communities including recommendations to the Legislature in each report.

Selected tribal entities will have to meet certain requirements to be considered for and participate in the program, including a limited waiver of sovereign immunity, and the adoption of a tribal law or resolution authorizing that exercise of authority and providing for public access to certain records.

Selection of Participating Tribes

The California Department of Justice is solely responsible for selecting up the three participating California tribes for the pilot program. Once selected, those tribes become “qualified entities” for purposes of the pilot program if they elect to participate. The tribes selected by the California Department of Justice must be federally recognized.

For a participating tribe’s officers to become peace officers, the tribe, or the “qualified entity,” must take the following actions,

  1. Enact a resolution or law expressing its intent that tribal officers participating in the program be California peace officers and that it will be “similarly situated to a California local law enforcement agency employing California peace officers” with attendant adoption of requirements set forth in Penal Code sections 11073, 830.82 and 832.55.
  2. Enact tribal law “substantively identical” to the Public Records Act, including provisions analogous to those set forth in Penal Code section 832.7. By implication, participating tribes will require access to legal counsel analogous to a city attorney or county counsel to advise and represent the tribe on legal issues related to this and other state laws, rules, and regulations attendant to its status as a California law enforcement agency. The California Department of Justice will not provide these services.
  3. Enact tribal law “substantively identical to the Government Claims Act to address any claim arising from any actions or omissions of tribal police officer acting a California peace officer.
  4. Enact laws or resolutions that do the following:
    • Waive its sovereign immunity against any suit, liability, or judgment arising from its participation in the pilot program.
    • Acknowledge that state and federal law, not tribal law, will apply to any legal actions related to its participation in the pilot program.
    • Acknowledge the Attorney General’s authority over participating tribal law enforcement agencies, as if they were state law enforcement agencies.
    • Agree to cooperate with inspections, audits, or investigations by DOJ or POST related to administration of the pilot program.
  5. Comply with state laws and POST regulations governing peace officers.
  6. Submit documentation of its compliance with these requirements to POST.
  7. Provide data, statistics, reports, or other information requested by DOJ for monitoring and evaluation of the pilot program.
  8. Comply with applicable provisions of Penal Code sections 13012 [LEA contribution to OpenJustice Web portal], 13020-13023 [compilation and maintenance of criminal justice data and statistics], 13730 [recording domestic violence calls], 13777 [provide certain crime data to DOJ], and 13519.4 mandatory racial, identity, and cultural diversity training for peace officers], and Government Code sections 7284.6 [prohibiting LEA use of department funding for immigration-related activities], 12525 [mandatory reporting of in-custody deaths], 12525.2 [use of force reporting requirements], and 12525.5 [compiling and reporting stops conducted by LEA].
  9. Cooperate with Government code section 12525 investigation or review by the Attorney General.
  10. Enact a policy prohibiting law enforcement gangs.
  11. Enact an ordinance or other enforceable policy that complies with the requirements of Penal Code section 13650 [posting LEA standards, policies, practices, operating procedures, and education and training on the internet.]

Qualification of Tribal Members as Peace Officers; Duration of Qualification

In addition to required actions by the tribal government discussed above, any tribal police chief, law enforcement officer, investigator, or public safety officer who is designated by the tribe to receive peace officer status must complete and maintain all applicable requirements for the appointment, training, education, hiring, eligibility, and certification required for peace officers under state law, including those described in Penal Code sections 832 and 832.55, and related regulations. (§ 11073, subd. (c).) The participating tribe must document its officers’ compliance with these requirements and submit those records to POST.

The peace officer status of any tribal police officers acquired under the pilot program will end automatically on July 1, 2029. (§ 11073, subd. (j).).

Additional Information