Signed by Governor Phil Scott

Vote Smart's Synopsis:

Vote to amend and pass a bill that prohibits civil arrests in sensitive locations, as specified, in Vermont.

Highlights:

• Prohibits the civil arrest of any person while traveling to, entering, remaining at, or returning from a court proceeding or educational institution, or while on the premises of the following locations (Sec. 1): 

• State or municipal government buildings open to the public; 

• Department of Motor Vehicles offices; 

• Public libraries and polling places; 

• Social services establishments, including domestic violence shelters, homeless shelters, food pantries and substance use disorder treatment facilities; 

• Places of worship; 

• Children’s camps and day camps; and 

• Health care facilities. 

• Defines “civil arrest” as an arrest for purposes of obtaining a person’s presence at a civil proceeding, including an immigration proceeding (Sec. 1)

• Exempts arrests pursuant to a judicially issued warrant, arrests for contempt of court, and arrests to maintain order or safety in court (Sec. 1). 

• Authorizes the following remedies for violations (Sec. 1): 

• Individuals who knowingly execute a prohibited arrest may be liable for false imprisonment and subject to contempt proceedings; 

• Individuals arrested in violation of this section may sue for damages, injunctive relief, punitive damages, and attorney fees; and 

• The Attorney General may bring a civil action on behalf of the state for injunctive or declaratory relief. 

• Specifies that this act takes effect on passage (Sec. 2).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that prohibits civil arrests in sensitive locations, as specified, in Vermont.

Highlights:

• Prohibits the civil arrest of any person while traveling to, entering, remaining at, or returning from a court proceeding or educational institution, or while on the premises of the following locations (Sec. 1): 

• State or municipal government buildings open to the public; 

• Department of Motor Vehicles offices; 

• Public libraries and polling places; 

• Social services establishments, including domestic violence shelters, homeless shelters, food pantries and substance use disorder treatment facilities; 

• Places of worship; 

• Children’s camps and day camps; and 

• Health care facilities. 

• Defines “civil arrest” as an arrest for purposes of obtaining a person’s presence at a civil proceeding, including an immigration proceeding (Sec. 1)

• Exempts arrests pursuant to a judicially issued warrant, arrests for contempt of court, and arrests to maintain order or safety in court (Sec. 1). 

• Authorizes the following remedies for violations (Sec. 1): 

• Individuals who knowingly execute a prohibited arrest may be liable for false imprisonment and subject to contempt proceedings; 

• Individuals arrested in violation of this section may sue for damages, injunctive relief, punitive damages, and attorney fees; and 

• The Attorney General may bring a civil action on behalf of the state for injunctive or declaratory relief. 

• Specifies that this act takes effect on passage (Sec. 2).

Full Bill Text