BILL AS INTRODUCED H.251
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1 H.251
2 Introduced by Representatives LaLonde of South Burlington and McCarthy of
3 St. Albans City
4 Referred to Committee on
5 Date:
6 Subject: Government operations; law enforcement; misconduct
7 Statement of purpose of bill as introduced: This bill proposes to add the
8 issuance of a Brady or Giglio letter as a basis of law enforcement misconduct
9 under the jurisdiction of the Vermont Criminal Justice Council. The bill also
10 provides the Council the ability to rescind a Brady or Giglio letter if the law
11 enforcement officer is exonerated after an evidentiary hearing.
12 An act relating to the issuance of a Brady or Giglio letter as misconduct
13 under jurisdiction of the Vermont Criminal Justice Council
14 It is hereby enacted by the General Assembly of the State of Vermont:
15 Sec. 1. 20 V.S.A. § 2401 is amended to read:
16 § 2401. DEFINITIONS
17 As used in this subchapter:
18 (1) “Category A conduct” means:
19 (A) A felony.
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1 (B) A misdemeanor that is committed while on duty and did not
2 involve the legitimate performance of duty.
3 (C) Any of the following misdemeanors, if committed off duty:
4 (i) simple assault, second offense;
5 (ii) domestic assault;
6 (iii) false reports and statements;
7 (iv) driving under the influence, second offense;
8 (v) violation of a relief from abuse order or of a condition of
9 release;
10 (vi) stalking;
11 (vii) false pretenses;
12 (viii) voyeurism;
13 (ix) prostitution or soliciting prostitution;
14 (x) distribution of a regulated substance;
15 (xi) simple assault on a law enforcement officer; or
16 (xii) possession of a regulated substance, second offense.
17 (2) “Category B conduct” means gross professional misconduct
18 amounting to actions on duty or under authority of the State, or both, that
19 involve willful failure to comply with a State-required policy or substantial
20 deviation from professional conduct as defined by the law enforcement VT LEG #367185 v.1
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1 agency’s policy or if not defined by the agency’s policy, then as defined by
2 Council policy, and shall include:
3 (A) sexual harassment involving physical contact or misuse of
4 position;
5 (B) misuse of official position for personal or economic gain;
6 (C) excessive use of force under authority of the State, first offense;
7 (D) biased enforcement;
8 (E) use of electronic criminal records database for personal, political,
9 or economic gain;
10 (F) placing a person in a chokehold;
11 (G) failing to intervene and report to a supervisor when the officer
12 observes another officer placing a person in a chokehold or using excessive
13 force; or
14 (H) bias, untruthfulness, or other potentially exculpatory and
15 impeachment evidence resulting in the issuance of a Brady or Giglio letter by a
16 prosecutor.
17 ***
18 Sec. 2. 20 V.S.A. § 2406 is amended to read:
19 § 2406. PERMITTED COUNCIL SANCTIONS AND ACTIONS
20 ***
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1 (c) Rescindment of Brady or Giglio letter. If, after an evidentiary hearing,
2 the Council finds that a law enforcement officer’s Brady or Giglio letter was
3 wrongly issued by a prosecutor, or the law enforcement officer is otherwise
4 exonerated of the claims contained in the letter, the Council may rescind the
5 letter and send notice to the issuing prosecutor of the rescindment.
6 Sec. 3. 20 V.S.A. § 2407 is amended to read:
7 § 2407. LIMITATION ON COUNCIL SANCTIONS; FIRST OFFENSE OF
8 CATEGORY B CONDUCT
9 (a) Category B conduct; first offense. If a law enforcement agency
10 conducts a valid investigation of a complaint alleging that a law enforcement
11 officer committed a first offense of Category B conduct, the Council shall take
12 no action, except that the Council may take action for a first offense under
13 subdivision 2401(2)(C) (excessive use of force under authority of the State),
14 2401(2)(F) (placing a person in a chokehold), or 2401(2)(G) (failing to
15 intervene and report to a supervisor when an officer observes another officer
16 placing a person in a chokehold or using excessive force), or 2401(2)(H)
17 (issuance of a Brady or Giglio letter) of this chapter.
18 ***
19 Sec. 4. EFFECTIVE DATE
20 This act shall take effect on July 1, 2023.
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Statutes affected:
As Introduced: 20-2401, 20-2406, 20-2407