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S.50

AN ACT RELATING TO RIOTS

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

Sec. 1.  13 V.S.A. § 901 is amended to read:

§ 901.  DUTIES OF OFFICERS

(a)  A district judge, sheriff, deputy sheriff or constable An authorized law enforcement officer having notice or knowledge of the unlawful, tumultuous, or riotous assemblage of three ten or more persons that creates a substantial risk of causing damage to property or injury to persons within his or her jurisdiction, among or as near as he or she can safely come to such the rioters, shall command them in the name of the state of Vermont immediately and peaceably to disperse.  If, after such the command such, the rioters do not disperse, such the officer or magistrate and such other person persons as he or she commands to assist him or her shall apprehend and forthwith take them before a district court.

(b)  For purposes of this section, “authorized law enforcement officer” means a sheriff, a chief of police, the commissioner of public safety, or a designee.  The designee shall be a certified law enforcement officer whose authority is granted or given by the sheriff, chief of police, or commissioner of public safety, either through explicit order or department policy.

(c)  This section shall not be used to impede a citizen’s right to peaceably assemble as guaranteed by the Constitution of the State of Vermont and the United States Constitution.

Sec. 2.  13 V.S.A. § 902 is amended to read:

§ 902.  RIOTERS REFUSING TO DISPERSE

Persons so unlawfully and riotously assembled who, after proclamation made, do not immediately disperse, and persons unlawfully and riotously assembled to the number of three or more who do an unlawful act against a man's person or property or against the public interest, and persons present at the place of an unlawful or riotous assemblage who, when commanded by a magistrate or officer to assist him or to leave the place of such riotous assemblage, fails so to do, If a riot is declared by an authorized law enforcement officer pursuant to section 901 of this title, a person who is present at the location of the riot and who is engaged in the unlawful and riotous conduct giving rise to the proclamation shall promptly leave the location of the riot when requested to do so by a law enforcement officer.  A person who knowingly violates this section shall each be imprisoned not more than six months or fined not more than $100.00, or both.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us