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BILL AS INTRODUCED 2007-2008

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H.190

Introduced by Representatives Flory of Pittsford and Donaghy of Poultney

Referred to Committee on

Date:

Subject:  Public safety; law enforcement; internal procedures

Statement of purpose:  This bill proposes to make records of internal investigations of certain law enforcement officers confidential except under certain specific conditions.

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. § 2365 is added to read:

§ 2365.  INTERNAL INVESTIGATIONS; CONFIDENTIALITY

(a)  Records of internal investigations of a law enforcement officer performed by the law enforcement officer’s employer shall be confidential.  These records may be released only by an 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 in the records.  This section shall not apply to either members of the department of public safety who exercise law enforcement power or members of the state police whose records are subject to the provisions of section 1923 of this title.

(b)  The employer of the law enforcement officer shall immediately report all allegations to the state’s attorney in the county in which the incident under investigation took place, unless the employer makes a determination that the allegations do not include a violation of a criminal statute.  The employer shall also report the disposition of all cases previously reported to the state’s attorney.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us