The Vermont Statutes Online
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
NOTE: The online version of the Vermont Statutes does NOT yet include the actions of the 2023 legislative session. The 2023 updates should be available by the end of October.
§ 2222. Federal law enforcement officers; power of arrest for Vermont crimes
(a) For purposes of this section, “a certified federal law enforcement officer” means a federal law enforcement officer who:
(1) is employed as a law enforcement officer of the federal government as:
(A) a special agent, border patrol agent, or immigration inspector of the Immigration and Naturalization Service, U.S. Department of Justice;
(B) an officer or inspector of the U.S. Customs Service of the Department of the Treasury; or
(C) a special agent, inspector, or member of the police service of the U.S. Department of Veterans Affairs;
(2) has satisfactorily completed a course of study in Vermont laws and criminal procedures approved by the Vermont Criminal Justice Council, at the expense of the officer’s agency;
(3) has been certified by the Commissioner of Public Safety pursuant to subsection (b) of this section; and
(4) has taken an oath administered by the Commissioner of Public Safety or by the Commissioner’s designee to uphold the Constitution of the State of Vermont.
(b) The Executive Director of the Criminal Justice Council shall certify a federal law enforcement officer who applies for certification if the officer satisfies the employment and study requirements listed in subsection (a) of this section. A certification under this subsection shall automatically terminate immediately upon the officer’s suspension or termination of employment from the federal agency in which he or she was employed at the time the certification occurred.
(c) A certified federal law enforcement officer is authorized to make an arrest pursuant to Rule 3 of the Vermont Rules of Criminal Procedure for violation of Vermont laws anywhere within the State if the officer determines that it is necessary to do any of the following:
(1) Protect an individual in the presence of the officer from the imminent infliction of serious bodily injury.
(2) Provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury.
(3) Prevent the escape of any individual whom the officer reasonably believes has committed a crime in the presence of the officer.
(4) Prevent the escape of any individual whom the officer reasonably believes has committed a felony under Vermont law.
(d) A certified federal law enforcement officer who makes an arrest under this section shall report the arrest, without delay, to the nearest Vermont State Police barracks.
(e) A certified federal law enforcement officer who makes an arrest under the authority of this section shall have the same immunity from liability that a State or municipal law enforcement officer has under the laws of this State.
(f) This section is not intended to limit existing authority of federal officers under federal law or to interfere with the performance of federal duties by federal officers. (Added 1999, No. 160 (Adj. Sess.), § 12; amended 2021, No. 161 (Adj. Sess.), § 5, eff. July 1, 2022.)