H 27

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No. 25. An act relating to the Domestic Violence Fatality Review
Commission.
  (H.27)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 15 V.S.A. § 1140 is amended to read:
§ 1140. DOMESTIC VIOLENCE FATALITY REVIEW COMMISSION
   (a) The Domestic Violence Fatality Review Commission is established
within the Office of the Attorney General, in consultation with the Council on
Domestic Violence, for the following purposes:
      (1) to examine the trends and patterns of domestic violence-related
fatalities and near-fatal instances of domestic violence in Vermont;
      (2) to identify barriers to safety, the strengths and weaknesses in
communities, and systemic responses to domestic violence;
      (3) to educate the public, service providers, and policymakers about
domestic violence fatalities and near-fatal instances of domestic violence and
strategies for intervention and prevention; and
      (4) to recommend policies, practices, and services that will encourage
collaboration and reduce fatalities and near-fatal instances of domestic
violence due to domestic violence.
   (b) The Commission is intended to reflect communities throughout
Vermont and appointing authorities shall strive to appoint persons from
different racial and ethnic backgrounds, persons with a disability, and persons
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who identify as LGBTQ+. The Commission shall comprise 17 23 members,
consisting of the following:
      (1) the Attorney General or designee;
      (2) the Commissioner of Health or designee;
      (3) the Commissioner for Children and Families or designee;
      (4) the Commissioner of Corrections or designee;
      (5) the Commissioner of Public Safety or designee;
      (6) the Chief Medical Examiner or designee;
      (7) a State’s Attorney with experience prosecuting domestic violence
cases, appointed by the Executive Director of the Department of State’s
Attorneys and Sheriffs;
      (8) the Defender General or designee;
      (9) a member of the Vermont Coalition of Batterer Intervention
Services;
      (10) a member of the Vermont Network Against Domestic and Sexual
Violence;
      (11) a representative of the Vermont Council on Domestic Violence;
      (12) a representative of local law enforcement, appointed by the
Governor;
      (13) a victim or survivor of domestic violence, appointed by the
Vermont Network Against Domestic and Sexual Violence;
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      (14) a physician, appointed by the Governor;
      (15) the Executive Director of the Vermont Criminal Justice Council or
designee;
      (16) the Commissioner of Mental Health or designee; and
      (17) one judge, appointed by the Chief Justice of the Vermont Supreme
Court;
      (18) a sheriff with experience and interest in combating domestic
violence, appointed by the Vermont Sheriffs’ Association;
      (19) a restorative justice practitioner from a community justice center,
appointed by the Attorney General;
      (20) the Director of Victim Services for the Vermont State Police or
designee;
      (21) the Executive Director of the Vermont Center for Crime Victim
Services or designee;
      (22) a State’s Attorney victim advocate, appointed by the Executive
Director of the Department of State’s Attorneys and Sheriffs; and
      (23) the Director of Victim Services for the Department of Corrections
or designee.
   (c) In any case subject to review by the Commission, upon written request
of the Commission, a person who possesses information or records that are
necessary and relevant to a domestic violence fatality or near-fatal incident
review shall, as soon as practicable, provide the Commission with the
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information and records. A person who provides information or records upon
request of the Commission is not criminally or civilly liable for providing
information or records in compliance with this section. The Commission shall
review fatalities which and near-fatal incidents that are not under investigation
and fatalities and near-fatal incidents in cases that are postadjudication which
that have received a final judgment.
   (d) The proceedings and records of the Commission are confidential and
are not subject to subpoena, discovery, or introduction into evidence in a civil
or criminal action. The Commission shall disclose conclusions and
recommendations upon request, but may not disclose information, records, or
data that are otherwise confidential, such as autopsy records. The Commission
shall not use the information, records, or data for purposes other than those
designated by subsections (a) and (g) of this section.
   (e) The Commission is authorized to require any person appearing before it
to sign a confidentiality agreement created by the Commission in order to
maintain the confidentiality of the proceedings. In addition, the Commission
may enter into agreements with nonprofit organizations and private agencies to
obtain otherwise confidential information.
   (f) Commission meetings are confidential, and shall be exempt from
1 V.S.A. chapter 5, subchapter 2 (open meetings law). Commission records
are confidential, and shall be exempt from 1 V.S.A. chapter 5, subchapter 3
(public access to records).
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   (g) The Commission shall report its findings and recommendations to the
Governor, the General Assembly, the Chief Justice of the Vermont Supreme
Court, and the Vermont Council on Domestic Violence not later than the third
Tuesday in January of the first year of the biennial session. The report shall be
available to the public through the Office of the Attorney General. The
Commission may issue data or other information periodically, in addition to
the biennial report. The provisions of 2 V.S.A. § 20(d) (expiration of required
reports) shall not apply to the report to be made under this subsection.
Sec. 2. EFFECTIVE DATE
   This act shall take effect on passage.
Date Governor signed bill: May 20, 2025
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