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1 H.476
2 An act relating to miscellaneous changes to law enforcement officer training
3 laws
4 It is hereby enacted by the General Assembly of the State of Vermont:
5 * * * Domestic Violence Involving Law Enforcement Model Policy * * *
6 Sec. 1. 20 V.S.A. § 2365 is amended to read:
7 § 2365. DOMESTIC VIOLENCE TRAINING; DOMESTIC VIOLENCE
8 INVOLVING LAW ENFORCEMENT MODEL POLICY
9 ***
10 (d)(1) On or before July 1, 2024, every State, county, and municipal law
11 enforcement agency shall adopt the Domestic Violence Involving Law
12 Enforcement Model Policy issued by the Vermont Law Enforcement Advisory
13 Board.
14 (2) On or before July 1, 2024, every constable who exercises law
15 enforcement authority pursuant to 24 V.S.A. § 1936a and is certified pursuant
16 to section 2358 of this title shall adopt the Domestic Violence Involving Law
17 Enforcement Model Policy issued by the Vermont Law Enforcement Advisory
18 Board.
19 (3) Agencies and constables referenced in subdivisions (1) and (2) of
20 this subsection shall adopt any updated Domestic Violence Involving Law
21 Enforcement Model Policy issued by Vermont Law Enforcement Advisory
22 Board within six months following the issuance.
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1 Sec. 2. DOMESTIC VIOLENCE INVOLVING LAW ENFORCEMENT
2 MODEL POLICY REVISION
3 (a) On or before January 1, 2024, the Vermont Law Enforcement Advisory
4 Board, after receiving input from interested stakeholders, shall issue an
5 updated Domestic Violence Involving Law Enforcement Model Policy.
6 (b) The updated Domestic Violence Involving Law Enforcement Model
7 Policy shall:
8 (1) address domestic violence survivors’ needs and leverage best
9 practices in awareness, prevention, and investigation of domestic violence;
10 (2) identify existing support offered to any law enforcement agency
11 employee or officer who is the victim of or the person who committed
12 domestic violence;
13 (3) identify new means of supporting law enforcement agency
14 employees or officers who are the victims of or the persons who committed
15 domestic violence;
16 (4) develop processes to protect the privacy of agency employees and
17 officers who are the victims of domestic violence and to maintain the
18 confidentiality of any information shared by these individuals; and
19 (5) amend or replace language found in 2010 Domestic Violence
20 Involving Law Enforcement Model Policy, section 3.8 (Member
21 Responsibilities), subdivision (4) to require a law enforcement agency VT LEG #370876 v.1
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1 employee or officer subject to a final relief from abuse order pursuant to
2 15 V.S.A. § 1103 to immediately surrender all service weapons.
3 * * * Officer Misconduct and Transparency of Information * * *
4 Sec. 3. 20 V.S.A. § 2401 is amended to read:
5 § 2401. DEFINITIONS
6 As used in this subchapter:
7 ***
8 (2) “Category B conduct” means gross professional misconduct
9 amounting to actions on duty or under authority of the State, or both, that
10 involve willful failure to comply with a State-required policy, or substantial
11 deviation from professional conduct as defined by the law enforcement
12 agency’s policy or if not defined by the agency’s policy, then as defined by
13 Council policy, and shall include:
14 ***
15 (H) while on duty or off duty, attempting to cause or causing physical
16 harm to a family or household member, or placing a family or household
17 member in fear of imminent serious physical harm; or
18 (I) while on duty or off duty, a violation of the Domestic Violence
19 Involving Law Enforcement Model Policy adopted pursuant to section 2365 of
20 this title.
21 ***
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1 Sec. 4. 20 V.S.A. § 2407 is amended to read:
2 § 2407. LIMITATION ON COUNCIL SANCTIONS FIRST OFFENSE OF
3 CATEGORY B CONDUCT
4 (a) Category B conduct; first offense. If a law enforcement agency
5 conducts a valid investigation of a complaint alleging that a law enforcement
6 officer committed a first offense of Category B conduct, the Council shall take
7 no action, except that the Council may take action for a first offense under
8 subdivision 2401(2)(C) (excessive use of force under authority of the State),
9 2401(2)(F) (placing a person in a chokehold), or 2401(2)(G) (failing to
10 intervene and report to a supervisor when an officer observes another officer
11 placing a person in a chokehold or using excessive force) of this chapter.
12 Council sanctions; first offense of Category A and certain Category B conduct.
13 After a valid investigation of Category A and Category B conduct made
14 pursuant to section 2404 of this title concludes, the Council may impose a
15 sanction for a first offense of:
16 (1) Category A conduct as defined in subdivision 2401(1) of this title; or
17 (2) the following instances of Category B conduct as defined in
18 subdivision 2401(2) of this title:
19 (A) sexual harassment involving physical contact pursuant to
20 subdivision 2401(2)(A) of this title;
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1 (B) excessive use of force under authority of the State pursuant to
2 subdivision 2401(2)(C) of this title;
3 (C) placing a person in a chokehold pursuant to subdivision
4 2401(2)(F) of this title;
5 (D) failing to intervene and report to a supervisor when an officer
6 observes another officer placing a person in a chokehold or using excessive
7 force pursuant to subdivision 2401(2)(G) of this title;
8 (E) attempting to cause or causing physical harm to a family or
9 household member, or placing a family or household member in fear of
10 imminent serious physical harm pursuant to subdivision 2401(2)(H) of this
11 title; or
12 (F) a violation of the Domestic Violence Involving Law Enforcement
13 Model Policy adopted pursuant to section 2365 of this title pursuant to
14 subdivision 2401(2)(I) of this title.
15 (b) Council action; second or subsequent offense of certain other Category
16 B conduct. After a valid investigation of Category B conduct made pursuant to
17 section 2404 of this title concludes, the Council may impose a sanction for an
18 offense of Category B conduct not specified in subdivision (a)(2) of this
19 section only for the second or subsequent offense.
20 (c) “Offense” defined. As used in this section, an “offense” means any
21 offense committed by a law enforcement officer during the course of his or her VT LEG #370876 v.1
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1 the law enforcement officer’s certification, and includes any offenses
2 committed during employment at a current or previous law enforcement
3 agency.
4 Sec. 4a. VERMONT CRIMINAL JUSTICE COUNCIL AUTHORITY;
5 REPORT
6 On or before December 15, 2023, the Vermont Criminal Justice Council, in
7 consultation with the Department of Human Resources, the Office of
8 Professional Regulation, and a nationally recognized organization that is a
9 subject matter expert in the field of law enforcement professional regulation,
10 shall report to the House Committee on Government Operations and
11 Military Affairs and the Senate Committee on Government Operations on the
12 following:
13 (1) whether the current statutes pertaining to unprofessional conduct in
14 20 V.S.A. §§ 2401–2411 should be amended to apply to all off-duty conduct of
15 law enforcement officers;
16 (2) whether the current statutes pertaining to unprofessional conduct in
17 20 V.S.A. §§ 2401–2411 should be amended to adjust the scope of Category B
18 conduct that the Vermont Criminal Justice Council may take action on for a
19 first offense; and
20 (3) any other recommendations as deemed appropriate by the Vermont
21 Criminal Justice Council.
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1 Sec. 5. 20 V.S.A. § 2409 is amended to read:
2 § 2409. ACCESSIBILITY AND CONFIDENTIALITY
3 ***
4 (g)(1) The Council shall collect aggregate data on the number of:
5 (A) complaints received that involve domestic or sexual violence;
6 and
7 (B) the number of complaints for Category A and B conduct
8 involving domestic or sexual violence that resulted in the filing of charges or
9 stipulations or the taking of disciplinary action.
10 (2) The Council shall provide a report of the aggregate data collected
11 pursuant to subdivision (1) of this subsection to the House Committees on
12 Judiciary and on Government Operations and Military Affairs and the Senate
13 Committees on Judiciary and on Government Operations annually on or before
14 January 15.
15 * * * Vermont Criminal Justice Council Domestic Violence
16 Training Position Funding * * *
17 Sec. 5a. 20 V.S.A. § 2365 is amended to read:
18 § 2365. DOMESTIC VIOLENCE TRAINING
19 ***
20 (c) The Vermont Police Academy shall employ a domestic violence trainer
21 for the sole purpose of training Vermont law enforcement and related VT LEG #370876 v.1
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1 practitioners on issues related to domestic violence. Funding for this position
2 shall be transferred by the Center for Crime Victim Services from the
3 Domestic and Sexual Violence Special Fund created by 13 V.S.A. § 5360.
4 Sec. 5b. 13 V.S.A. § 5360 is amended to read:
5 § 5360. DOMESTIC AND SEXUAL VIOLENCE SPECIAL FUND
6 A Domestic and Sexual Violence Special Fund is established, to be
7 managed in accordance with 32 V.S.A. chapter 7, subchapter 5 and
8 administered by the Center for Crime Victim Services created in section 5361
9 of this title. The revenues of the Fund shall consist of that portion of the
10 additional surcharge on penalties and fines imposed by section 7282 of this
11 title deposited in the Domestic and Sexual Violence Special Fund and that
12 portion of the town clerks’ fee for issuing and recording civil marriage or civil
13 union licenses in 32 V.S.A. § 1712(1) deposited in the Domestic and Sexual
14 Violence Special Fund. The Fund may be expended by the Center for Crime
15 Victim Services for budgeted grants to the Vermont Network against Domestic
16 and Sexual Violence and for the Criminal Justice Training Council position
17 dedicated to domestic violence training, pursuant to 20 V.S.A. § 2365(c).
18 * * * Effective Date * * *
19 Sec. 6. EFFECTIVE DATE
20 This act shall take effect on passage.
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Statutes affected:
As Introduced: 20-2365, 20-2401, 20-2407, 20-2409
As Passed By the House -- Official: 20-2365, 20-2401, 20-2407, 20-2409
As Passed By the House -- Unofficial: 20-2365, 20-2401, 20-2407, 20-2409
As Passed by Both House and Senate -- Official: 20-2365, 20-2401, 20-2407, 20-2409, 13-5360
As Passed by Both House and Senate -- Unofficial: 20-2365, 20-2401, 20-2407, 20-2409, 13-5360