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NO. 149. AN ACT RELATING TO DISARMING A LAW ENFORCEMENT OFFICER.

(S.214)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 13 V.S.A. § 3019 is added to read:

§ 3019. DISARMING A LAW ENFORCEMENT OFFICER

(a) As used in this section:

(1) “Firearm” means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive, and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.

(2) “Law enforcement officer” means:

(A) a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to section 2358 of Title 20; or

(B) a constable who has not been prohibited from exercising law enforcement authority under section 1936a of Title 24 and who has been certified by the Vermont criminal justice training council as having successfully completed a course of training pursuant to section 2358 of Title 20; or

(C) a person certified as a member of the capitol police under section 70 of Title 2.

(b) A person is guilty of disarming a law enforcement officer if:

(1) the person knowingly:

(A) removes a firearm from the person of a law enforcement officer; or

(B) deprives a law enforcement officer of the use of a firearm; and

(2) the officer is acting within the lawful scope of the officer’s duties; and

(3) the person has reasonable cause to know or knows the individual is a law enforcement officer.

(c) A person who is convicted of a violation of this section shall be imprisoned not more than 10 years or fined not more than $10,000.00, or both.

Sec. 2. 13 V.S.A. § 3001 is amended to read:

§ 3001. IMPEDING PUBLIC OFFICERS

(a) A person who hinders an executive, judicial, law enforcement, civil or military officer acting under the authority of this state or any subdivision thereof, or who removes a weapon from the person of a law enforcement officer, or who deprives a law enforcement officer of the use of a weapon, shall be imprisoned not more than three years or fined not more than $500.00, or both. For purposes of this section, law enforcement officer is defined under section 3019 of this title.

(b) As used in this section, “weapon” means any device, instrument, material or substance, whether animate or inanimate, excluding a firearm as defined in section 3019 of this title, which, in the manner it is used or is intended to be used, is known to be capable of producing death, serious bodily injury or temporary disability.

Sec. 3. 13 V.S.A. § 1025 is amended to read:

§ 1025. RECKLESSLY ENDANGERING ANOTHER PERSON

A person who recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury shall be imprisoned for not more than one year or fined not more than $1,000.00 or both. Recklessness and danger shall be presumed where a person knowingly points a firearm at or in the direction of another, whether or not the actor believed the firearm to be loaded, and whether or not the firearm actually was loaded.

Approved: May 24, 2000