Vermont H 258: An act relating to establishing an amyotrophic lateral sclerosis registry

Bill Text

BILL AS INTRODUCED H.258
2025 Page 1 of 14

VT LEG #379628 v.1
H.258 1
Introduced by Representatives Arsenault of Williston and Rachelson of 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Crimes; criminal procedure; law enforcement; interrogation; juveniles 6
Statement of purpose of bill as introduced: This bill proposes to prohibit law 7
enforcement’s use of deception during the custodial interrogation of juveniles. 8
This bill also proposes to require the notification and contact with a juvenile’s 9
parent, guardian, or legal custodian prior to any custodial interrogation. 10
Additionally, this bill proposes to mandate the Vermont Criminal Justice 11
Council to adopt a statewide policy implementing a minimum set of standards 12
for various forms of law enforcement interrogation, including the limitation 13
and eventual elimination of deception in all forms of interrogation. 14
An act relating to law enforcement interrogation policies 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. LEGISLATIVE INTENT; JUVENILE INTERROGATION; LAW 17
ENFORCEMENT INTERROGATION POLICIES 18
It is the intent of the General Assembly to prevent false confessions and 19
wrongful convictions of individuals subject to law enforcement interrogation 20

BILL AS INTRODUCED H.258
2025 Page 2 of 14

VT LEG #379628 v.1
and to improve trust between Vermont’s communities and law enforcement. 1
To achieve these objectives, it is the further intent of the General Assembly to 2
create a minimum set of law enforcement interrogation standards that 3
incorporate evidence-based best practices by: 4
(1) requiring that a juvenile’s parent, guardian, or legal custodian obtain 5
notice and contact with the juvenile prior to any custodial interrogation; 6
(2) prohibiting law enforcement’s use of threats, physical harm, and 7
deception during custodial interrogations of persons under 22 years of age; and 8
(3) mandating that the Vermont Criminal Justice Council develop, 9
adopt, and enforce a statewide model interrogation policy that applies to all 10
Vermont law enforcement agencies and constables exercising law enforcement 11
authority pursuant to 24 V.S.A. § 1936a. 12
Sec. 2. 13 V.S.A. § 5585 is amended to read: 13
§ 5585. ELECTRONIC RECORDING OF A CUSTODIAL 14
INTERROGATION DEFINITIONS 15
(a) As used in this section subchapter: 16
(1) “Custodial interrogation” means any interrogation: 17
(A) involving questioning by a law enforcement officer that is 18
reasonably likely to elicit an incriminating response from the subject; and 19
(B) in which a reasonable person in the subject’s position would 20
consider the person to be in custody, starting from the moment a person should 21

BILL AS INTRODUCED H.258
2025 Page 3 of 14

VT LEG #379628 v.1
have been advised of the person’s Miranda rights and ending when the 1
questioning has concluded. 2
(2) “Deception” includes the knowing communication of false facts 3
about evidence, the knowing misrepresentation of the accuracy of the facts, the 4
knowing misrepresentation of the law, or the knowing communication of 5
unauthorized statements regarding leniency. 6
(2)(3) “Electronic recording” or “electronically recorded” means an 7
audio and visual recording that is an authentic, accurate, unaltered record of a 8
custodial interrogation, or if law enforcement does not have the current 9
capacity to create a visual recording, an audio recording of the interrogation. 10
(4) “Government agent” means: 11
(A) a school resource or safety officer; or 12
(B) an individual acting at the request or direction of a school 13
resource or safety officer or a law enforcement officer. 14
(5) “Interested adult” means a person who is 18 years of age or older 15
and genuinely interested in the welfare of a juvenile subject to custodial 16
interrogation but is completely independent from and dissociated with the 17
prosecution in accordance with In re E.T.C., 141 Vt. 375, 378 (1982). 18
(6) “Law enforcement officer” has the same meaning as in 20 V.S.A. 19
§ 2351a. 20

BILL AS INTRODUCED H.258
2025 Page 4 of 14

VT LEG #379628 v.1
(3)(7) “Place of detention” means a building or a police station that is a 1
place of operation for the State police, a municipal police department, county 2
sheriff department, or other law enforcement agency that is owned or operated 3
by a law enforcement agency at which persons are or may be questioned in 4
connection with criminal offenses or detained temporarily in connection with 5
criminal charges pending a potential arrest or citation. 6
(4)(8) “Statement” means an oral, written, sign language, or nonverbal 7
communication. 8
(b)(1) A custodial interrogation that occurs in a place of detention 9
concerning the investigation of a felony or misdemeanor violation of this title 10
shall be electronically recorded in its entirety. Unless impracticable, a custodial 11
interrogation occurring outside a place of detention concerning the 12
investigation of a