Vermont H 361: An act relating to creating municipal and regional civilian oversight of law enforcement

Bill Text

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VT LEG #380966 v.1
H.361 1
Introduced by Representative Christie of Hartford 2
Referred to Committee on 3
Date: 4
Subject: Government operations; law enforcement; civilian oversight 5
Statement of purpose of bill as introduced: This bill proposes to create 6
municipal and regional civilian oversight bodies to receive, investigate, and 7
address complaints against a law enforcement agency or officer within its 8
jurisdiction. A board’s investigation is in addition to the investigations that 9
may be conducted by a law enforcement agency and the Vermont Criminal 10
Justice Council. Each board is empowered to hire or contract with staff to 11
assist with its functions. Each board is authorized to draft a public report after 12
a substantiated investigation and its recommendations can be given deference 13
by the Vermont Criminal Justice Council in its adjudication of unprofessional 14
conduct complaints against law enforcement officers. Each board is also 15
authorized to monitor law enforcement trends, make law enforcement training 16
recommendations to the Vermont Criminal Justice Council, and participate in 17
the collective bargaining process of the law enforcement agency within its 18
jurisdiction. 19

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VT LEG #380966 v.1
An act relating to creating municipal and regional civilian oversight of law 1
enforcement 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
Sec. 1. 20 V.S.A. § 2351a is amended to read: 4
§ 2351a. DEFINITIONS 5
As used in this chapter: 6
* * * 7
(5) “Community police oversight board” has the same meaning as in 8
24 V.S.A. chapter 56. 9
Sec. 2. 20 V.S.A. § 2358 is amended to read: 10
§ 2358. MINIMUM TRAINING STANDARDS; DEFINITIONS 11
* * * 12
(b) The Council shall offer or approve basic training and annual in-service 13
training for each of the following three levels of law enforcement officer 14
certification outlined in this subsection in accordance with the scope of 15
practice for each level, and shall determine by rule the scope of practice for 16
each level in accordance with this section. A community police oversight 17
board may make recommendations to the Council concerning basic training 18
and annual in-service training requirements for the Council to offer or approve. 19
If the Council does not adopt a community police oversight board’s 20
recommendation, it shall provide the board with its reasons in writing. The 21

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training requirements for the three levels of law enforcement officer 1
certification are as follows: 2
* * * 3
(g) The Council shall not offer or approve, and a community police 4
oversight board shall not recommend, any training on the use of a chokehold as 5
defined in section 2401 of this chapter, except for training designed to identify 6
and prevent the use of chokeholds. 7
Sec. 3. 20 V.S.A. § 2401 is amended to read: 8
§ 2401. DEFINITIONS 9
As used in this subchapter: 10
* * * 11
(4) “Effective internal affairs program” means that a law enforcement 12
agency does all of the following: 13
* * * 14
(E) Civilian review. Provides for review of officer discipline by 15
civilians, which may be a selectboard or other elected or appointed body, at 16
least for the conduct required to be reported to the Council under this 17
subchapter Community police oversight board investigation. Promptly report 18
all complaints pursuant to subdivision (4)(A) of this section to the community 19
police oversight board having jurisdiction. The agency shall permit and fully 20

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cooperate with any action the community police oversight board may 1
undertake pursuant to its authority. 2
* * * 3
Sec. 4. 20 V.S.A. § 2403 is amended to read: 4
§ 2403. LAW ENFORCEMENT AGENCIES; DUTY TO REPORT 5
(a)(1) The executive officer of a law enforcement agency or the chair of the 6
agency’s civilian review board shall report to the Council and the community 7
police oversight board having jurisdiction within 10 business days if any of the 8
following occur in regard to a law enforcement officer of the agency: 9
(A) Category A. 10
(i) There is a finding of probable cause by a court that the officer 11
committed Category A conduct. 12
(ii) There is any decision or findings of fact or verdict regarding 13
allegations that the officer committed Category A conduct, including a judicial 14
decision and any appeal from a decision. 15
(iii) The agency receives a credible complaint against the officer 16
that alleges that the officer committed Category A conduct. 17
* * * 18
(2) As part of his or her the executive officer’s report, the executive 19
officer of the agency or the chair of the civilian review board shall provide to 20
the Council and the community police oversight board having jurisdiction a 21

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