Vermont S 209: An act relating to prohibiting civil arrest in sensitive locations

Bill Text

No. 150 Page 1 of 6
2026

VT LEG #390235 v.1
No. 150. An act relating to prohibiting civil arrest in sensitive locations.
(S.209)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 12 V.S.A. § 3577 is amended to read:
§ 3577. PRIVILEGE FROM ARREST
(a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State,
Auditor of Accounts, Attorney General, and members of the General Assembly
and officers and witnesses whose duty it is to attend thereon, in all cases except
treason, felony, and breach of the peace, shall be privileged from arrest and
imprisonment during their necessary attendance on and in going to and
returning from the General Assembly.
(b) A party or witness in a cause pending in any court in the State or before
special masters, auditors, referees, or commissioners, and a witness in a
criminal cause pending in any such court, shall not be arrested, imprisoned, or
detained by virtue of civil process. Any witness summoned from outside the
State in a criminal cause, pending in any court within the State, shall be
privileged from the service of papers of any kind whatsoever, and from arrest
for any cause while going to, attending at, or returning from such court or trial
of such cause.
(c)(1) Prohibition. A person shall not be subject to civil arrest while:
(A) traveling to, entering, remaining at, or returning from a:
(i) court proceeding; or

No. 150 Page 2 of 6
2026

VT LEG #390235 v.1
(ii) educational institution; or
(B) on the premises of a:
(i) building owned and wholly controlled by the State or a political
subdivision of the State where members of the public may enter in order to
conduct governmental business;
(ii) office operated by the Department of Motor Vehicles that is
open to the public;
(iii) public library;
(iv) polling place;
(v) social services establishment, which includes a crisis center,
domestic violence shelter, victim services center, child advocacy center,
supervised visitation center, family justice center, facility that serves disabled
persons, homeless shelter, substance use disorder counseling and treatment
facility, and food pantry or similar establishment that distributes food or other
essentials of life to persons in need;
(vi) place of worship;
(vii) facility licensed as a children’s camp or that serves as a day
camp; or
(viii) health care facility.
(2) Exceptions. Subdivision (1) of this subsection shall not apply to:
(A) an arrest pursuant to a judicially issued warrant or a court order;

No. 150 Page 3 of 6
2026

VT LEG #390235 v.1
(B) an arrest for contempt of the court where the proceeding is
occurring; or
(C) an arrest to maintain order or safety in the court where the
proceeding is occurring.
(3) Remedies.
(A) A person who violates this subsection (c) by knowingly and
willfully executing or assisting with an arrest prohibited by subdivision (1) of
this subsection (c) shall be subject to contempt proceedings and:
(i) may be liable in a civil action for false imprisonment; and
(ii) shall be subject to contempt proceedings, if the arrest is
pursuant to subdivision (1)(A)(i) of this subsection (c).
(B) A person who is arrested in violation of subdivision (1) of this
subsection (c) may bring a civil action against the violator for damages;
injunctive, equitable, or declaratory relief; punitive damages; and reasonable
costs and attorney’s fees.
(C) The Office of the Attorney General may bring a civil action on
behalf of the State of Vermont for appropriate injunctive, equitable, or
declaratory relief if there is reasonable cause to believe that a violation of
subdivision (1) of this subsection (c) has occurred or will occur.
(D) No action under this subsection (c) shall be brought against the
Judiciary or any of its members or employees for actions taken to maintain
order or safety in the courts.

No. 150 Page 4 of 6
2026

VT LEG #390235 v.1
(E) This section shall not be construed to limit or infringe upon any
right, privilege, or remedy available under common law or any other provision
of law or rule.
(F) Notwithstanding section 3578 of this title, the protections and
remedies afforded by this subsection (c) apply irrespective of when the
privilege against civil arrest is invoked.
(4) Definition Definitions. As used in this subsection,:
(A)(i) “civil Civil arrest” means an arrest for purposes of obtaining a
person’s presence or attendance at a civil proceeding, including an immigration
proceeding.
(ii) “Civil arrest” does not include:
(I) temporary custody of a person pending a warrant pursuant
to 18 V.S.A. § 7505(b); or
(II) holding a person for admission to a hospital for an
emergency examination pursuant to 18 V.S.A. § 7504.
(B) “Children’s camp” has the same meaning as in 18 V.S.A. § 4301.
(C)(i) “Educational institution” means:
(I) a public school, as that term is defined in 16 V.S.A. § 11(7);
(II) an independent school, as that term is defined in 16 V.S.A.
§ 11(8);
(III) a regional CTE center, as that term is defined in 1