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Subchapter 001: GENERAL PROVISIONS
§ 1871. Department of Public Safety; Commissioner
(a) Department of Public Safety. The Department of Public Safety, created by 3 V.S.A. § 212, shall include a Commissioner of Public Safety.
(b) Head of the Department. The head of the Department shall be the Commissioner of Public Safety, who shall be
a citizen of the United States and shall be selected on the basis of training, experience,
and qualifications. The Commissioner shall be appointed by the Governor, with the
advice and consent of the Senate.
(c) Contract for security and traffic control. The Commissioner of Public Safety may contract for security and related traffic control,
and receive reimbursement for reasonable costs that shall include costs associated
with providing personnel, benefits, equipment, vehicles, insurances, and related expenses.
These reimbursements shall be credited to a special fund established pursuant to 32 V.S.A. chapter 7, subchapter 5, and be available to offset costs of providing those services.
(d) Collection of fees. The Commissioner of Public Safety shall collect fees for the termination of alarms
at State Police facilities and for response to false alarms.
(e) Termination fees.
(1) The termination fee for a single dedicated circuit alarm at a State Police facility
will be $250.00 per user per year.
(2) An alarm company or monitoring service that is authorized to install a multi-unit
alarm panel at a State Police facility will be assessed a fee of $25.00 per alarm
with a minimum fee of $250.00 per panel per year.
(3) An individual or business who programs a tape dialer or other automatic notification
device to transmit a voice message to a State Police facility, informing the police
of a burglary or other emergency, must register such dialer with the State Police
facility and will be assessed a registration fee of $50.00 per year. The fee includes
an onsite inspection by a member of the State Police.
(4) If State Police respond to an alarm and it is found that the alarm was transmitted
by an unregistered tape dialer or similar notification device, a registration fee
of $50.00 will be assessed subsequent to that response. Unpaid registration fees are
considered to be alarms in default and handled in accordance with the provisions of
the section on response terminations.
(f) False alarms.
(1) A false alarm is notification given to the State Police by electronic or telephonic
means that an emergency situation exists, when an emergency or other circumstance
that could be perceived as an emergency does not exist and to which the State Police
have responded.
(2) Alarm periods shall be based on the calendar year, January 1 through December 31.
(3) The first false alarm in an alarm period shall be at no cost. The second false alarm
in the alarm period shall be assessed at $50.00 and each successive false alarm in
the same alarm period shall be assessed at $75.00.
(g) Response terminations.
(1) Alarm fees that have been assessed and not paid for a period of 60 days from the date
of the last billing are considered alarms in default and the State Police station
commander, with the concurrence of the State Police troop commander, may notify the
alarm holder that the State Police will no longer respond to alarms at that location
as long as the alarm holder is in default.
(2) When in the opinion of the station commander, with the concurrence of the troop commander,
there exists a chronic false alarm problem that the alarm holder appears not to have
taken reasonable measures to correct, the station commander may send notification
that the State Police will no longer respond to alarms at that location until the
problem is corrected even if the alarm holder is not in default on fees assessed.
(h) Appeal. An alarm holder may appeal a decision of the station commander to the troop commander.
(i) Contract for dispatch functions. The Commissioner of Public Safety may enter into contractual arrangements to perform
dispatching functions for State, municipal, or other emergency services.
(j) Charges collected. Charges collected under subsections (e), (f), and (i) of this section shall be credited
to the Vermont Law Telecommunications Special Fund and shall be available to the Department
to offset the costs of providing the services. (Amended 1959, No. 329 (Adj. Sess.), § 36, eff. March 1, 1961; 1985, No. 4, eff. March 9, 1985; 1995, No. 178 (Adj. Sess.), § 342, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 8, eff. May 22, 1996; 1999, No. 49, § 161; 1999, No. 66 (Adj. Sess.), § 49, eff. Feb. 8, 2000; 2005, No. 209 (Adj. Sess.), § 30; 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020; 2021, No. 105 (Adj. Sess.), § 385, eff. July 1, 2022.)
§ 1872. Duties of Commissioner generally
The Commissioner shall be the chief enforcement officer of all the statutes and rules
pertaining to the law of the road and the display of lights on vehicles. In addition,
the Commissioner shall supervise and direct the activities of the State Police and
of the Vermont Crime Information Center and, as Fire Marshal, be responsible for enforcing
the laws pertaining to the investigation of fires, the prevention of fires, the promotion
of fire safety, and the delivery of fire service training. (Amended 1973, No. 214 (Adj. Sess.), § 7; 2003, No. 141 (Adj. Sess.), § 2, eff. April 1, 2005; 2021, No. 20, § 154.)
§ 1872a. Repealed. 2009, No. 33, § 83(i)(4).
§ 1873. Repealed. 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020.
§ 1874. Organization of Department by Commissioner
(a) The Commissioner, with the approval of the Governor, shall so organize and arrange
the Department as will best and most efficiently promote its work and carry out the
objectives of this chapter. To that end, the Commissioner may, with the Governor’s
approval, create, rearrange, and abolish divisions, establish grades, ranks, and positions
to be held by members, and formulate, put into effect, alter, and repeal rules for
the administration of the Department.
(b) The Commissioner may, in accordance with the rules adopted by him or her, designate
or change the rank or grade to be held by a member. The Commissioner may assign or
transfer members to serve at such stations and, within the limits of this chapter
or other existing law, to perform such duties as he or she shall designate. The Commissioner
may determine what members other than State Police shall give bonds, and prescribe
the conditions and amount of the bonds. (Amended 2005, No. 209 (Adj. Sess.), § 31; 2021, No. 20, § 155.)
§ 1875. Radio communication system
(a) The Commissioner shall establish a communication system as will best enable the Department
to carry out the purposes of this chapter. This shall include a radio set furnished,
on written request, to the sheriff and State’s Attorney of each county on a memorandum
receipt.
(b)(1) The Commissioner may charge to all users of telecommunications services managed, maintained,
or operated by the Department for the benefit of the users a proportionate share of
the actual cost of providing the services and products inclusive of administrative
costs.
(2) Such charges shall be based on a pro rata allocation of the actual costs of services
or products, determined in an equitable manner, which shall be representative of services
provided to or system usage by individual units of government, including State, local,
and federal agencies or private nonprofit entities.
(3) Such charges shall be credited to the Vermont Law Telecommunications Special Fund
and shall be available to the Department to offset the costs of providing the services. (Amended 1967, No. 48, § 1, eff. March 23, 1967; 1969, No. 266 (Adj. Sess.), § 3, eff. April 8, 1970; 1999, No. 49, § 162; 2019, No. 166 (Adj. Sess.), § 25, eff. Oct. 1, 2020.)
§ 1876. Headquarters and stations; equipment
The Commissioner shall establish headquarters and stations in such localities as he
or she deems advisable for the enforcement of the laws of the State, and to that end,
within the limits of appropriations, he or she may lease, or otherwise acquire, in
the name of the State the right to use and maintain lands and buildings, and may purchase
or otherwise acquire horses, motor equipment, and other supplies including radio and
all other equipment and services the Commissioner deems essential for the needs of
the Department or its members in carrying out their duties. The Commissioner may discontinue
a headquarters or station, where he or she determines such action to be desirable.
The Commissioner may sell such property as shall have become unnecessary or unfit
for further use, and all monies received from the sale shall be paid into the State
Treasury and credited to the appropriation for the Department. (Amended 2021, No. 20, § 156.)
§ 1877. Repealed. 1999, No. 151 (Adj. Sess.), § 9.
§ 1878. Appointment or promotion of members
Within the limits of the appropriation for the Department, and in accordance with
section 1921 of this title, the Commissioner may appoint or promote members to the ranks, grades, and position
deemed necessary for efficient administration. The Commissioner may devise and administer
examinations designed to test the qualifications of members and only those applicants
shall be appointed or promoted who meet the prescribed standards and qualifications. (Amended 1979, No. 156 (Adj. Sess.), § 2; 1999, No. 142 (Adj. Sess.), § 1.)
§ 1879. Training school and courses
The Commissioner of Public Safety may provide additional in-service training beyond
basic training to personnel in the Department. The Commissioner may seek certification
of such training from the Director of the Vermont Criminal Justice Council. (Amended 1979, No. 57, § 16.)
§ 1879a. Location of in-service training
In-service training beyond basic training provided personnel in the Department shall,
when cost effective, be held at the State-owned law enforcement and fire service training
facility in Pittsford. Such training operations and facilities of the Department shall
when practicable be made available to other State and municipal law enforcement personnel.
Notwithstanding the requirement of this section, in-service training of one day or
less in duration, or longer duration if no commercial overnight lodging is required,
may be provided at a Department duty station for the personnel assigned to that Department. (Added 1993, No. 233 (Adj. Sess.), § 43a, eff. June 21, 1994.)
§ 1880. Disciplinary procedures
(a) Any disciplinary action taken by the Department against a member of the Department,
except a temporary suspension, shall be taken pursuant to the procedures set forth
in this section.
(b) Within seven days after the delivery to a member of written charges against such member,
the member may file with the Commissioner a request for a hearing before a hearing
panel appointed in accordance with subsection (d) of this section, which request shall
be honored.
(c) If the charged member does not request a hearing within seven days after receipt of
the written charges, the Commissioner may take such disciplinary action as the Commissioner
deems appropriate, including reprimand, transfer, suspension, demotion, or removal.
The member may appeal the charges and the disciplinary action taken by filing an appeal
with the State Labor Relations Board within 30 days of the imposition of disciplinary
action by the Commissioner. When the disciplinary action taken by the Commissioner
is dismissal, the State Labor Relations Board shall schedule a hearing within 60 days
after filing of the appeal, subject to the rules of the Board. All hearings before
the Board under this subsection shall be de novo.
(d) If the member requests a hearing panel, the Commissioner shall provide the member
with the names of five members, at least one of whom shall have the rank of lieutenant
or higher, who have had no connection with the matters at issue. The member shall
choose three members from the five names to serve as the hearing panel, provided that
at least one member shall have the rank of lieutenant or higher. As soon as is practicable,
the panel shall schedule a hearing, at which the member or the member’s representative,
or both, may cross examine witnesses and present evidence. The panel may issue subpoenas.
At the discretion of the charged member the hearing may be closed or public.
(e) The panel shall report to the Commissioner whether or not the charges have been proved
by a preponderance of the evidence. The panel may make recommendations to the Commissioner
regarding disciplinary action to be taken if the charges are proved.
(f) If the panel finds that the charges are not proved, any pay or other rights lost through
temporary suspension shall be restored. If the panel finds the charges are proved,
the Commissioner shall take such disciplinary action as the Commissioner deems appropriate,
including reprimand, transfer, suspension, demotion, or removal. The decision of the
panel and any resulting disciplinary action taken by the Commissioner are final. (Amended 1979, No. 156 (Adj. Sess.), § 4; 1983, No. 230 (Adj. Sess.), § 12; 1991, No. 25; 1995, No. 98 (Adj. Sess.), § 1.)
§ 1881. Expenses; lodging and subsistence
The Commissioner shall approve vouchers in payment of expenses incurred by a member
in the discharge of his or her duties, to be paid out of appropriations for the Department
in the manner required by law. Allowance for lodging and subsistence while away from
his or her official station may be paid to a member under such terms and conditions
as the Commissioner may prescribe, subject to collective bargaining. The Commissioner
may provide lodging and subsistence for a member at his or her official station. (Amended 1981, No. 91, § 19.)
§ 1882. Subpoenas
In connection with any investigation into the internal affairs of the Department,
the Commissioner may request subpoenas for the testimony of witnesses or the production
of evidence. The fees for travel and attendance of witnesses shall be the same as
for witnesses and officers before a Superior Court. The fees in connection with subpoenas
issued on behalf of the Commissioner or the Department shall be paid by the State,
upon presentation of proper bills of costs to the Commissioner. Notwithstanding 3 V.S.A. §§ 809a and 809b, subpoenas requested by the Commissioner shall be issued and enforced by the Superior
Court of the unit in which the person subpoenaed resides in accordance with the Vermont
Rules of Civil Procedure. (Added 1979, No. 156 (Adj. Sess.), § 5; amended 1983, No. 230 (Adj. Sess.), § 12a; 2009, No. 154 (Adj. Sess.), § 157.)
§ 1883. State law enforcement; memorandum of understanding
(a) The Commissioner of Public Safety shall develop and execute a memorandum of understanding
with the Commissioners of Fish and Wildlife, of Motor Vehicles, and of Liquor and
Lottery and their respective directors of law enforcement. The memorandum of understanding
shall be reviewed at least every two years and shall at a minimum address:
(1) Maximizing collective resources by reducing or eliminating redundancies and implementing
a methodology that will enhance overall coordination and communication while supporting
the mission of individual enforcement agencies.
(2) Providing for an overall statewide law enforcement strategic plan supported by quarterly
planning and implementation strategy sessions to improve efficiencies and coordination
on an operational level and ensure interagency cooperation and collaboration of programs
funded through grants. The strategic plan should identify clear goals and performance
measures that demonstrate results, as well as specific strategic plans for individual
enforcement agencies.
(3) Creating a task force concept that will provide for the sharing and disseminating
of information and recommendations involving various levels of statewide law enforcement
throughout Vermont that will benefit all law enforcement agencies as well as citizens.
(4) Developing an integrated and coordinated approach to multi-agency special teams with
the goal of creating a force multiplier, where feasible. These teams will be coordinated
by the Vermont State Police during training and deployments.
(5) Providing for the Commissioner of Public Safety, with the approval of the Governor
and in consultation with the Commissioners of Motor Vehicles, of Fish and Wildlife,
and of Liquor and Lottery, to assume the role of lead coordinator of statewide law
enforcement units in the event of elevated alerts, critical incidents, and all-hazards
events. The lead coordinator shall maintain control until in the lead coordinator’s
judgment the event no longer requires coordinated action to ensure the public safety.
(b) [Repealed.] (Added 2009, No. 105 (Adj. Sess.), § 2, eff. May 13, 2010; amended 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 11, § 26; 2019, No. 73, § 30; 2021, No. 105 (Adj. Sess.), § 386, eff. July 1, 2022.)
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Subchapter 003: PERSONNEL ADMINISTRATION RULES
§ 1921. Personnel administration rules
(a) Promotions to the ranks of sergeant and lieutenant shall be based upon the results
of a written examination and an oral interview. Promotions to the rank of captain,
major, lieutenant colonel, or colonel shall be made by the Commissioner and it shall
not be required that such promotions be based on written and oral examinations.
(b) Nondisciplinary transfers shall be grievable directly to the Vermont Labor Relations
Board in accordance with the rules of practice of the Board. In any such grievance,
the burden shall be on the grievant to establish that the transfer was either discriminatory
or disciplinary. (Added 1979, No. 156 (Adj. Sess.), § 1; amended 1981, No. 155 (Adj. Sess.), § 1; 1999, No. 142 (Adj. Sess.), § 3, eff. July 1, 2001.)
§ 1922. Creation of State Police Advisory Commission; members; duties
(a) There is hereby created the State Police Advisory Commission, which shall provide
advice and counsel to the Commissioner in carrying out his or her responsibilities
for the management, supervision, and control of the Vermont State Police.
(b) The Commission shall consist of seven members, at least one of whom shall be an attorney
and one of whom shall be a retired State Police officer, to be appointed by the Governor
with the advice and consent of the Senate.
(c) Members of the Commission shall serve for terms of four years, at the pleasure of
the Governor. Of the initial appointments, one shall be appointed for a term of one
year, two for terms of two years, two for terms of three years, and two for terms
of four years. Appointments to fill a vacancy shall be for the unexpired portion of
the term vacated. The Chair shall be appointed by the Governor.
(d) The creation and existence of the Commission shall not relieve the Commissioner of
his or her duties under the law to manage, supervise, and control the State Police.
(e) To ensure that State Police officers are subject to fair and known practices, the
Commission shall advise the Commissioner with respect to and review rules concerning
promotion, grievances, transfers, internal investigations, and discipline.
(f) Members of the Commission shall be entitled to receive per diem compensation and reimbursement
for expenses in accordance with 32 V.S.A. § 1010. (Added 1979, No. 156 (Adj. Sess.), § 1; amended 1995, No. 178 (Adj. Sess.), § 87b; 1999, No. 142 (Adj. Sess.), § 4; 2017, No. 56, § 4.)
§ 1923. Internal investigation
(a)(1) The State Police Advisory Commission shall advise and assist the Commissioner in developing
and making known routine procedures to ensure that allegations of misconduct by State
Police officers are investigated fully and fairly, and to ensure that appropriate
action is taken with respect to such allegations.
(2) The Commissioner shall ensure that the procedures described in subdivision (1) of
this subsection constitute an effective internal affairs program in order to comply
with section 2402 of this title.
(b)(1) The Commissioner shall establish the Office of Internal Investigation within the Department,
which shall investigate, or cause to be investigated, all allegations of misconduct
by members of the Department, except complaints lodged against members of the Office,
which shall be separately and independently investigated by officers designated for
each instance by the Commissioner, with the approval of the State Police Advisory
Commission.
(2) The head of the Office shall report all allegations and his or her findings as to
such allegations to the Commissioner. The head of the Office also shall immediately
report all allegations to the State’s Attorney of the county in which the incident
took place, the Attorney General, and the Governor, unless the head of the Office
makes a determination that the allegations do not include a violation of a criminal
statute. The head of the Office shall also report the disposition of all cases so
reported to the State’s Attorney, Attorney General, and Governor.
(c)(1) The Office of Internal Investigation shall maintain a written log with respect to
each allegation of misconduct made. The log shall document all action taken with respect
to each allegation, including a notation of the person or persons assigned to the
investigation, a list of all pertinent documents, all action taken, and the final
disposition of each allegation.
(2) Failure of any member of the Department to report to the Office an allegation of misconduct
known to the member shall be grounds for disciplinary action by the Commissioner,
including dismissal.
(d) Records of the Office of Internal Investigation shall be confidential, except:
(1) the State Police Advisory Commission shall, at any time, have full and free access
to such records;
(2) the Commissioner shall deliver such materials from the records of the Office as may
be necessary to appropriate prosecutorial authorities having jurisdiction;
(3) the Director of the State Police or the Chair of the State Police Advisory Commission
shall report to the Vermont Criminal Justice Council as required by section 2403 of this title; and
(4) the State Police Advisory Commission shall, in its discretion, be entitled to report
to such authorities as it may deem appropriate or to the public, or both, to ensure
that proper action is taken in each case. (Added 1979, No. 156 (Adj. Sess.), § 1; amended 1981, No. 155 (Adj. Sess.), § 2, eff. April 12, 1982; 2017, No. 56, § 5, eff. July 1, 2018.)
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Subchapter 004: STATE DNA DATABASE AND STATE DATA BANK
§ 1931. Policy
It is the policy of this State to assist federal, state, and local criminal justice
and law enforcement agencies in the identification, detection, or exclusion of individuals
who are subjects of the investigation or prosecution of crimes. Identification, detection,
and exclusion may be facilitated by the DNA analysis of biological evidence left by
the perpetrator of a crime and recovered from the crime scene. The DNA analysis of
biological evidence can also be used to identify missing persons. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2009, No. 1, § 19, eff. March 4, 2009.)
§ 1932. Definitions
As used in this subchapter:
(1) “CODIS” means the FBI’s national DNA identification index system that allows storage
and exchange of DNA records submitted by state and local forensic DNA laboratories.
The term “CODIS” is derived from Combined DNA Index System.
(2) “Department” means the Department of Public Safety.
(3) “DNA” means deoxyribonucleic acid. DNA encodes genetic information that is the basis
of human heredity and forensic identification.
(4) “DNA record” means DNA sample identification information stored in the State DNA database
or CODIS. A DNA record is the result obtained from the DNA sample typing tests and
is referred to as the DNA profile of an individual.
(5) “DNA sample” means a forensic unknown tissue sample or a tissue sample provided by
any person convicted of a designated crime. The DNA sample may be blood or other tissue
type specified by the Department.
(6) “FBI” means the Federal Bureau of Investigation.
(7) “Forensic unknown sample” means an unidentified tissue sample gathered in connection
with a criminal investigation.
(8) “Laboratory” means the Department of Public Safety Forensic Laboratory. The Laboratory’s
general authority under this subchapter includes specifying procedures for collection
and storage of DNA samples.
(9) “Population database” means anonymous DNA records used to assist statistical evaluation.
(10) “State DNA database” means the Laboratory DNA identification record system. The State
DNA database is a collection of the DNA records related to forensic casework, persons
required to provide a DNA sample under this subchapter, and anonymous DNA records
used for protocol development or quality control.
(11) “State DNA data bank” means the repository of DNA samples collected and maintained
under the provisions of this subchapter.
(12) “Designated crime” means any of the following offenses:
(A) a felony;
(B) 13 V.S.A. § 1042 (domestic assault);
(C) any crime for which a person is required to register as a sex offender pursuant to
13 V.S.A. chapter 167, subchapter 3;
(D) 13 V.S.A. § 1062 (stalking);
(E) 13 V.S.A. § 1025 (reckless endangerment);
(F) a violation of an abuse prevention order as defined in 13 V.S.A. § 1030, excluding violation of an abuse prevention order issued pursuant to 15 V.S.A. § 1104 (emergency relief) or 33 V.S.A. § 6936 (emergency relief);
(G) a misdemeanor violation of 13 V.S.A. chapter 28, relating to abuse, neglect, and exploitation
of vulnerable adults;
(H) an attempt to commit any offense listed in this subdivision; or
(I) any other offense, if, as part of a plea agreement in an action in which the original
charge was a crime listed in this subdivision and probable cause was found by the
court, there is a requirement that the defendant submit a DNA sample to the DNA data
bank. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83, § 7, eff. June 28, 2005; 2009, No. 1, § 20, eff. March 4, 2009; 2009, No. 1, § 23, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 1, eff. May 23, 2016.)
§ 1933. DNA sample required
(a) The following persons shall submit a DNA sample:
(1) a person convicted in a court in this State of a designated crime on or after April
29, 1998;
(2) a person who was convicted in a court in this State of a designated crime prior to
April 29, 1998 and, after such date, is:
(A) in the custody of the Commissioner of Corrections pursuant to 28 V.S.A. § 701;
(B) on parole for a designated crime;
(C) serving a supervised community sentence for a designated crime; or
(D) on probation for a designated crime.
(b) A person required to submit a DNA sample who is serving a sentence in a correctional
facility shall have his or her DNA samples collected or taken at the receiving correctional
facility, or at a place and time designated by the Commissioner of Corrections or
by a court, if the person has not previously submitted a DNA sample.
(c) A person serving a sentence for a designated crime not confined to a correctional
facility shall have his or her DNA samples collected or taken at a place and time
designated by the Commissioner of Corrections, the Commissioner of Public Safety,
or a court if the person has not previously submitted a DNA sample in connection with
the designated crime for which he or she is serving the sentence. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83, § 8, eff. June 28, 2005; 2009, No. 1, § 21, eff. March 4, 2009; 2009, No. 1, § 24, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 2, eff. May 23, 2016.)
§ 1934. Least intrusive means of collection
(a) The DNA sample shall be obtained by withdrawing blood, unless the Department determines
that a less intrusive means to obtain a scientifically reliable sample is available,
in which event such less intrusive means shall be used.
(b) For purposes of this subchapter, a blood sample may only be drawn by a physician,
physician assistant, registered nurse, licensed practical nurse, medical technologist,
laboratory assistant, or phlebotomist. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1935. Procedure if person refuses to give sample
(a) If a person who is required to provide a DNA sample under this subchapter refuses
to provide the sample, the Commissioner of the Department of Corrections or of Public
Safety shall file a motion in the Superior Court for an order requiring the person
to provide the sample.
(b) The person who refuses to provide a DNA sample shall be served with a copy of the
motion and shall be entitled to a hearing by the court, limited in scope solely to
the issues described in subsection (c) of this section.
(c) If the court finds that the person who refused to provide a DNA sample is a person
required by section 1933 of this subchapter to provide a DNA sample, the court shall
issue a written order requiring the person to provide the DNA sample in accordance
with the provisions of this subchapter. The court’s order shall also specify the manner
by which the DNA sample shall be obtained and may authorize law enforcement and correctional
personnel to employ reasonable force to obtain the DNA sample. No such employee or
health care professional shall be criminally or civilly liable for the use of reasonable
force.
(d) If the court finds that the person who refused to provide a DNA sample is not a person
required by section 1933 of this subchapter to provide a DNA sample, the court shall
issue a written order relieving the person of the obligation to provide a DNA sample.
(e) If the Supreme Court reverses a determination that a DNA sample shall be provided,
the Department shall destroy the DNA sample and expunge the DNA record as provided
in section 1940 of this subchapter.
(f) Venue for proceedings under this section shall be in the territorial unit of the Superior
Court where the conviction occurred. Hearings under this section shall be conducted
by the Superior Court without a jury and shall be subject to the Vermont Rules of
Civil Procedure as consistent with this section. The State has the burden of proof
by a preponderance of the evidence. Affidavits of witnesses shall be admissible evidence
that may be rebutted by witnesses called by either party. The affidavits shall be
delivered to the other party at least five days prior to the hearing.
(g) A decision of the Superior Court under this section may be appealed as a matter of
right to the Supreme Court. The court’s order shall not be stayed pending appeal unless
the respondent is reasonably likely to prevail on appeal. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2009, No. 154 (Adj. Sess.), § 158.)
§ 1936. Compatibility with national system; authority to enter into DNA identification index
system agreements with state, federal, and foreign jurisdictions
The DNA database system established by the State shall be compatible with the FBI’s
national DNA identification index system currently referred to as CODIS. The State
may enter into any agreement with a state, federal, or foreign law enforcement agency
that provides for participation in a state, federal, or foreign DNA identification
index system, including CODIS, provided that the agreements shall be consistent in
all material respects with this subchapter. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1937. Authorized analysis of DNA samples
(a) Analysis of DNA samples is authorized:
(1) to type the genetic markers from DNA samples for law enforcement identification purposes;
(2) if personal identifying information is removed, for protocol development and administrative
purposes, including:
(A) development of a population database;
(B) to support identification protocol development of forensic DNA analysis methods; and
(C) for quality control purposes; or
(3) to assist in the identification of human remains.
(b) Analysis of DNA samples obtained pursuant to this subchapter is not authorized for
identification of any medical or genetic disorder. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1938. Storage and use of samples and records
(a) A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only
for the purposes authorized in this subchapter and may be provided to law enforcement
agencies for lawful law enforcement purposes.
(b) The tissue, fluid, or other substance from which the DNA is extracted shall be used
only for DNA sample analysis authorized in this subchapter and may be provided to
law enforcement agencies only for DNA sample analysis for use in any investigation
and prosecution.
(c) Only DNA samples shall be stored in the State DNA data bank.
(d) Only DNA records derived from DNA samples shall be stored in the State DNA database.
(e) Except as provided in section 1939 of this chapter, no DNA records derived from DNA
samples shall be aggregated or stored in any database, other than CODIS and the State
DNA database, that is accessible by any person other than by the Department for the
purpose for which the samples were collected.
(f)(1) Except for forensic unknown samples, no samples of tissue, fluid, or other biological
substance voluntarily submitted or obtained by the execution of a nontestimonial identification
order shall be entered into the State DNA data bank. However, such samples may be
used for any other purpose authorized in section 1937 of this subchapter.
(2) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample
that may lead to an exculpatory result shall be used only for the purpose of the criminal
investigation and related criminal prosecution for which the samples were obtained.
Upon the conclusion of the criminal investigation and finalization of any related
criminal prosecution, such samples shall be placed under seal, and shall not be used
for any purpose whatsoever, except pursuant to a judicial order for good cause shown.
(3) Notwithstanding the prohibition of subdivision (1) of this subsection, any sample
that may lead to an exculpatory result shall be used only for the purpose of the criminal
investigation and related criminal prosecution for which the samples were obtained.
Upon the conclusion of the criminal investigation and finalization of any related
criminal prosecution, the genetic records shall be placed under seal, and shall not
be used for any purpose whatsoever, except pursuant to a judicial order for good cause
shown.
(g) Except for records obtained from forensic unknown samples, no DNA records of samples
of tissue, fluid, or other biological substance that were obtained as the result of
either consensual submission of biological evidence or the execution of a nontestimonial
identification order shall be entered into the State DNA database. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1939. Population database
(a) Only the DNA records derived from the DNA samples obtained under sections 1933 and 1934 of this title, DNA records voluntarily submitted to the population database, and DNA records from
population databases in existence on January 1, 1999 may be used to develop a population
database after all personal identifying information is removed.
(b) Nothing shall prohibit the laboratory from sharing or disseminating a population database
with other law enforcement agencies, crime laboratories that serve them, or other
third parties the laboratory deems necessary to assist the laboratory with statistical
analysis of the laboratory’s population databases. The population database may be
made available to other agencies participating in CODIS. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1940. Expungement of records and destruction of samples
(a) In accordance with procedures set forth in subsection (b) of this section, the Department
shall destroy the DNA sample and any records of a person related to the sample that
were taken in connection with a particular alleged designated crime in either of the
following circumstances:
(1) A person’s conviction related to an incident that caused the DNA sample to be taken
is reversed, and the case is dismissed.
(2) The person is granted a full pardon related to an incident that caused the DNA sample
to be taken.
(b) If any of the circumstances in subsection (a) of this section occur, the court with
jurisdiction or, as the case may be, the Governor shall so notify the Department,
and the person’s DNA record in the State DNA database and CODIS and the person’s DNA
sample in the State DNA data bank shall be removed and destroyed. The Laboratory shall
purge the DNA record and all other identifiable information from the State DNA database
and CODIS and destroy the DNA sample stored in the State DNA data bank. If the person
has more than one entry in the State DNA database, CODIS, or the State DNA data bank,
only the entry related to the dismissed case shall be deleted. The Department shall
notify the person upon completing its responsibilities under this subsection, by mail
addressed to the person’s last known address.
(c) If the identity of the subject of a forensic unknown sample becomes known and that
subject is excluded as a suspect in the case, the sample record shall be removed from
the State DNA database upon the conclusion of the criminal investigation and finalization
of any criminal prosecution.
(d) If a DNA sample from the State DNA database, CODIS, or the State DNA data bank is
matched to another DNA sample during the course of a criminal investigation, the record
of the match shall not be expunged even if the sample itself is expunged in accordance
with the provisions of this section. If a match has been made and any of the circumstances
in subsection (a) of this section occur, the Department may confirm the match prior
to expunging the sample. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998; amended 2005, No. 83, § 9, eff. June 28, 2005; 2009, No. 1, § 22, eff. March 4, 2009; 2009, No. 1, § 25, eff. July 1, 2011; 2015, No. 122 (Adj. Sess.), § 3, eff. May 23, 2016; 2023, No. 46, § 22, eff. June 5, 2023.)
§ 1941. Confidentiality of records
(a) All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential.
(b) DNA records shall not be used for any purpose other than as provided in section 1937
of this subchapter, provided that in appropriate circumstances such records may be
used to identify missing persons.
(c) Any person who intentionally violates this section shall be imprisoned not more than
one year or fined not more than $10,000.00, or both.
(d) Any individual aggrieved by a violation of this section may bring an action for civil
damages including punitive damages, equitable relief, including restraint of prohibited
acts, restitution of wages or other benefits, reinstatement, costs, reasonable attorney’s
fees, and other appropriate relief. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1942. Adoption of rules and guidelines
(a) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 governing the procedures
to be used in the collection, submission, identification, dissemination, analysis,
and storage of DNA samples and the DNA record of DNA samples submitted under this
subchapter.
(b) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 governing the methods
of obtaining information from the State database and CODIS, and procedures for verification
of the identity and authority of the requester.
(c) The Department shall also adopt guidelines to ensure that DNA identification records
meet relevant audit standards for forensic DNA laboratories and that the laboratory
procedures include the implementation of DNA quality assurance and proficiency testing
standards issued by the FBI director.
(d) The rules and guidelines required by this section shall be adopted on or before December
1, 1998. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1943. Responsibility of Department of Public Safety
The Department shall be responsible for establishing and maintaining the State DNA
database and State DNA data bank as established by this subchapter. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1944. Limitation of liability for collection of DNA samples
No civil or criminal liability shall attach to any person authorized to withdraw blood
as a result of the act of collecting DNA samples under this subchapter, provided the
DNA samples are collected according to recognized medical procedures. However, no
person shall be relieved from liability for negligence in withdrawing of a DNA sample. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1945. Unlawful tampering with DNA samples
A person who knowingly or intentionally, without lawful authority, tampers or attempts
to tamper with a DNA sample shall be imprisoned not more than three years or fined
not more than $10,000.00, or both. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)
§ 1946. Repealed. 2013, No. 142 (Adj. Sess.), § 93.