The Vermont Statutes Online

Title 12 : Court Procedure

Chapter 125 : Arrest, Bail, and Recognizances

Subchapter 003 : Procedure for Arrest and Imprisonment

• § 3577. Privilege from arrest

  (a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of Accounts, Attorney General, and members of the General Assembly and officers and witnesses whose duty it is to attend thereon, in all cases except treason, felony, and breach of the peace, shall be privileged from arrest and imprisonment during their necessary attendance on and in going to and returning from the General Assembly.

  (b) A party or witness in a cause pending in any court in the State or before special masters, auditors, referees, or commissioners, and a witness in a criminal cause pending in any such court, shall not be arrested, imprisoned, or detained by virtue of civil process. Any witness summoned from outside the State in a criminal cause, pending in any court within the State, shall be privileged from the service of papers of any kind whatsoever, and from arrest for any cause while going to, attending at, or returning from such court or trial of such cause.

  (c)(1) Prohibition. A person shall not be subject to civil arrest while:

  (A) traveling to, entering, remaining at, or returning from a:

  (i) court proceeding; or

  (ii) educational institution; or

  (B) on the premises of a:

  (i) building owned and wholly controlled by the State or a political subdivision of the State where members of the public may enter in order to conduct governmental business;

  (ii) office operated by the Department of Motor Vehicles that is open to the public;

  (iii) public library;

  (iv) polling place;

  (v) social services establishment, which includes a crisis center, domestic violence shelter, victim services center, child advocacy center, supervised visitation center, family justice center, facility that serves disabled persons, homeless shelter, substance use disorder counseling and treatment facility, and food pantry or similar establishment that distributes food or other essentials of life to persons in need;

  (vi) place of worship;

  (vii) facility licensed as a children’s camp or that serves as a day camp; or

  (viii) health care facility.

  (2) Exceptions. Subdivision (1) of this subsection shall not apply to:

  (A) an arrest pursuant to a judicially issued warrant or a court order;

  (B) an arrest for contempt of the court where the proceeding is occurring; or

  (C) an arrest to maintain order or safety in the court where the proceeding is occurring.

  (3) Remedies.

  (A) A person who violates this subsection (c) by knowingly and willfully executing an arrest prohibited by subdivision (1) of this subsection (c):

  (i) may be liable in a civil action for false imprisonment; and

  (ii) shall be subject to contempt proceedings, if the arrest is pursuant to subdivision (1)(A)(i) of this subsection (c).

  (B) A person who is arrested in violation of subdivision (1) of this subsection (c) may bring a civil action against the violator for damages; injunctive, equitable, or declaratory relief; punitive damages; and reasonable costs and attorney’s fees.

  (C) The Office of the Attorney General may bring a civil action on behalf of the State of Vermont for appropriate injunctive, equitable, or declaratory relief if there is reasonable cause to believe that a violation of subdivision (1) of this subsection (c) has occurred or will occur.

  (D) No action under this subsection (c) shall be brought against the Judiciary or any of its members or employees for actions taken to maintain order or safety in the courts.

  (E) This section shall not be construed to limit or infringe upon any right, privilege, or remedy available under common law or any other provision of law or rule.

  (F) Notwithstanding section 3578 of this title, the protections and remedies afforded by this subsection (c) apply irrespective of when the privilege against civil arrest is invoked.

  (4) Definitions. As used in this subsection:

  (A)(i) “Civil arrest” means an arrest for purposes of obtaining a person’s presence or attendance at a civil proceeding, including an immigration proceeding.

  (ii) “Civil arrest” does not include:

  (I) temporary custody of a person pending a warrant pursuant to 18 V.S.A. § 7505(b); or

  (II) holding a person for admission to a hospital for an emergency examination pursuant to 18 V.S.A. § 7504.

  (B) “Children’s camp” has the same meaning as in 18 V.S.A. § 4301.

  (C)(i) “Educational institution” means:

  (I) a public school, as that term is defined in 16 V.S.A. § 11(7);

  (II) an independent school, as that term is defined in 16 V.S.A. § 11(8);

  (III) a regional CTE center, as that term is defined in 16 V.S.A. § 1522(4);

  (IV) an approved education program, as that term is defined in 16 V.S.A. § 11(34);

  (V) a prequalified private provider, as that term is defined in 16 V.S.A. § 829(a)(3);

  (VI) a postsecondary school, as that term is defined in 16 V.S.A. § 176(b)(1);

  (VII) an educational program operated by a board of cooperative education services pursuant to 16 V.S.A. chapter 10;

  (VIII) a tutorial program, as that term is defined in 16 V.S.A. § 11(27); and

  (IX) an adult education and secondary credential program operated pursuant to 16 V.S.A. § 945.

  (ii) “Educational institution” also extends to grounds operated by, activities sponsored by, transportation provided by, and programs related to educational institutions.

  (D) “Health care facility” has the same meaning as in 18 V.S.A. § 9402(6).

  (E) “Polling place” means a place that a municipality has designated to the Secretary of State as a polling place pursuant to 17 V.S.A. § 2502(f).

  (F) “Public library” has the same meaning as in 22 V.S.A. § 101. (Amended 2021, No. 153 (Adj. Sess.), § 2, eff. May 31, 2022; 2025, No. 150 (Adj. Sess.), § 1, eff. June 16, 2026.)