Shown verbatim: the complete text as captured from the official source posted by the New York State Senate, fetched 2026-08-11. Nothing is edited or removed. Where this bill amends existing law, language marked for deletion in the official source appears here in brackets. The official bill page.
S T A T E O F N E W Y O R K
________________________________________________________________________
8834
I N S E N A T E
January 8, 2026
___________
Introduced by Sen. BASKIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
S. 8834 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.Every fact on this page links to its source, starting with the official bill record.