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H.53

Introduced by   Representatives Donaghy of Poultney and Flory of Pittsford

Referred to Committee on

Date:

Subject:  Public safety; law enforcement; internal investigations

Statement of purpose:  This bill proposes to make the records on internal investigations of all law enforcement officers, except state police officers, confidential unless those records are clearly relevant to a current legal proceeding and no other access to that information is available, and the release of those records is ordered by a superior court judge.

AN ACT RELATING TO CONFIDENTIALITY OF LAW ENFORCEMENT INTERNAL INVESTIGATION RECORDS

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

Sec. 1.  20 V.S.A. § 1924 is added to read:

§ 1924.  INTERNAL INVESTIGATIONS; LAW ENFORCEMENT

OFFICERS; CONFIDENTIALITY

Records of an internal investigation of a law enforcement officer, as defined in subdivision 2358(c)(1) of this title, performed by the law officer’s employer shall be confidential.  These records may be released only by order of a superior court judge based on a clear showing that the records are relevant to a current legal proceeding involving the law enforcement officer who is the subject of the internal investigation, and that no other method is available to obtain access to the information contained in those records.  This section shall not apply to either members of the department of public safety who exercise law enforcement powers or members of the state police.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us