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1H.613
2 Introduced by Representatives Bos-Lun of Westminster, Berbeco of Winooski,
3Burrows of West Windsor, Carris Duncan of Whitingham, Cina
4of Burlington, Cole of Hartford, Dodge of Essex, Donahue of
5Northfield, Goldman of Rockingham, Headrick of Burlington,
6Howard of Rutland City, Logan of Burlington, McCann of
7Montpelier, McGill of Bridport, Mrowicki of Putney, Olson of
8Starksboro, Pezzo of Colchester, Pouech of Hinesburg, and
9Rachelson of Burlington
10 Referred to Committee on
11 Date:
12 Subject: Law enforcement; victims; mental health; ethics; training
13 Statement of purpose of bill as introduced: This bill proposes to treat victims
14 of officer-involved shootings of an individual experiencing a mental health
15 crisis as crime victims with greater access to victims’ services and
16 compensation. This bill further proposes to authorize the Center for Crime
17 Victim Services to hire independent victim guardians to advocate for victims
18 and coordinate with the Department of State’s Attorneys and Sheriffs. This
19 bill also proposes to mandate mental health crisis training as part of the
20 Vermont Criminal Justice Council’s law enforcement officer certification and
21 training requirements. Finally, this bill proposes to incorporate mental health
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1 crisis de-escalation techniques into the Vermont Criminal Justice Council’s use
2 of force policy.
3    An act relating to victims of officer-involved shootings of an individual
4    experiencing a mental health crisis
5 It is hereby enacted by the General Assembly of the State of Vermont:
6 Sec. 1. 13 V.S.A. § 5301 is amended to read:
7 § 5301. DEFINITIONS
8    As used in this chapter:
9(1) “Disposition” means the sentencing or determination of penalty or
10 punishment to be imposed upon a person convicted of a crime or against whom
11 a finding of sufficient facts for conviction is made.
12(2) “Family member” means a spouse, child, sibling, parent, next of kin,
13 domestic partner, or legal guardian of a victim.
14(3) “Restitution” means money or services that a court orders a
15 defendant to pay or render to a victim as a part of the disposition.
16(4) “Victim” means a person who sustains physical, emotional, or
17 financial injury or death as a direct result of the commission or attempted
18 commission of a crime, or act of delinquency, or officer-involved shooting of
19 an individual experiencing a mental health crisis and shall also include
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1 includes the family members of a minor, a person who has been found to be
2 incompetent, or a homicide victim.
3(5) “Affected person” means any of the following persons who has
4 requested notification in writing from the court or the Department of
5 Corrections:
6(A) witnesses;
7(B) jurors;
8(C) family members who are not covered by subdivision (4) of this
9 section; or
10(D) any other persons who demonstrate to the court that the release or
11 escape of a defendant will constitute a threat of physical, emotional, or
12 financial injury or death.
13***
14(8) “Officer-involved shooting” means a law enforcement officer who
15 discharges a firearm in the performance of the officer’s duties.
16 Sec. 2. 13 V.S.A. § 5351 is amended to read:
17 § 5351. DEFINITIONS
18    As used in this chapter:
19(1) “Board” means the Victims Compensation Board established under
20 this chapter.
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1(2) “Dependent” means the victim’s spouse, domestic partner, or a
2 person who is legally dependent for support upon a victim. To qualify as a
3 domestic partner, a couple shall share a residence for at least six months prior
4 to applying, be 18 years of age or older, not be married to anyone, and not be
5 related by blood closer than would bar marriage under State law.
6(3) “Crime” includes delinquent acts and an act of terrorism, as defined
7 in 18 U.S.C. § 2331, committed outside the United States against a resident of
8 this State.
9(4) “Injury” means actual bodily harm or pregnancy, or emotional harm
10 resulting from the crime.
11(5) “Pecuniary loss” means, in the case of a victim, the amount of
12 medical or medically related expenses, loss of wages, property damage,
13 cleanup of biological or hazardous materials or fluids, and any other expenses
14 that the Board feels became necessary as a direct result of the crime. Medical
15 or medically related expenses may include, but are not limited to, the costs of
16 individual or family psychological, psychiatric, or mental health counseling
17 and the costs of replacing or repairing eyeglasses, hearing aids, dentures, or
18 any prosthetic devices that were taken, lost, or destroyed during the
19 commission of the crime. In the case of a dependent, “pecuniary loss” means
20 the cost of psychological, psychiatric, or mental health counseling, funeral
21 expenses for the victim, property damage, cleanup of biological or hazardous
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1 materials, and, upon demonstration of financial hardship, temporary living
2 expenses.
3(6) “Unreimbursed pecuniary loss” means a pecuniary loss:
4(A) that is not covered by medical, hospitalization, or disability
5 insurance or workers’ compensation; and
6(B) that has not been ordered by the court to be restored to the victim
7 or dependent by the person who caused the loss; or
8(C) that has been ordered by the court to be restored to the victim or
9 dependent but has not been paid by the person who caused the loss.
10(7) “Victim” means:
11(A) a person who sustains injury or death as a direct result of the
12 commission or attempted commission of a crime or officer-involved shooting
13 of an individual experiencing a mental health crisis;
14(B) an intervenor who is physically injured or killed in an attempt to
15 assist the person described in subdivision (A) of this subdivision (7) or a
16 protected professional as defined in subdivision 1028(d)(1) of this title;
17(C) a surviving immediate family member of a homicide victim or
18 the victim of an officer-involved shooting of an individual experiencing a
19 mental health crisis, including a spouse, domestic partner, parent, sibling,
20 child, grandparent, or other survivor who may suffer severe emotional harm as
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1 a result of the victim’s death as determined on a case-by-case basis in the
2 discretion of the Board; or
3(D) a resident of this State who is injured or killed as the result of a
4 crime or officer-involved shooting of an individual experiencing a mental
5 health crisis committed outside the United States.
6(8) “Profits from crimes” means:
7(A) any property obtained through or income generated from the
8 commission of a crime in for which the defendant was convicted;
9(B) any property obtained by or income generated from the sale,
10 conversion, or exchange of proceeds of a crime, including any gain realized by
11 such sale, conversion, or exchange;
12(C) any property that the defendant obtained or any income generated
13 as a result of having committed the crime, including any assets obtained
14 through the use of unique knowledge acquired during the commission of or in
15 preparation for the commission of the crime, as well as any property obtained
16 or income generated from the sale, conversion, or exchange of such property
17 and any gain realized by such sale, conversion, or exchange; and
18(D) any property that the defendant obtained or any income generated
19 from the sale of tangible property the value of which is increased by the
20 notoriety gained from the conviction commission of an offense by the person
21 accused or convicted of the crime.
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1(9) “Officer-involved shooting” has the same meaning as in subdivision
2 5301(8) of this title.
3 Sec. 3. 13 V.S.A. § 5353 is amended to read:
4 § 5353. APPLICATION FOR COMPENSATION
5    (a) A victim or a dependent of a victim shall, upon application, be eligible
6 for compensation if:
7(1) a law enforcement official has filed a report concluding that a crime
8 was committed, or an officer-involved shooting of an individual experiencing a
9 mental health crisis occurred, which resulted in the injury or death of the
10 victim; and
11(2) the crime or officer-involved shooting of an individual experiencing
12 a mental health crisis was committed in this State; or
13(3) the victim is a Vermont resident, the state in which the crime
14 occurred does not have an eligible crime Victims Compensation Program, and
15 the applicant would have been eligible for compensation under this chapter if
16 the crime had been committed in this State; or
17(4) the victim is a Vermont resident who is injured or killed by an act of
18 terrorism outside the United States, to the extent that compensation is not
19 otherwise available under federal law.
20    (b) Victims of crimes subject to federal jurisdiction, and their dependents,
21 shall be eligible for compensation on the same basis as victims of State crimes.
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1    (c) The application for compensation shall be signed by the applicant and
2 shall contain at least the following information, which shall be provided
3 subject to the penalties of perjury:
4(1) A description of the date, nature, and circumstances of the crime.
5(2) A complete financial statement, including pecuniary losses and the
6 extent to which the applicant has been or may be indemnified for these
7 expenses from any source.
8(3) When appropriate, a statement indicating the extent of any disability
9 resulting from the injury.
10(4) When reasonably available, copies of all law enforcement reports
11 and reports from all health care providers who treated or examined the victim
12 at the time of or after the crime or who treated or examined the dependent.
13(5) The applicant’s Social Security number for the purpose of making
14 cash payment to the applicant in accordance with section 5356 of this title.
15    (d) In any case in which the person entitled to compensation under this
16 chapter is a minor or is mentally incompetent or unable to apply because of his
17 or her the person’s physical condition, the application may be made on the
18 person’s behalf by a parent, spouse, guardian, or other person authorized to
19 administer the estate.
20    (e) In any case in which a victim otherwise eligible for compensation under
21 this chapter dies without making an application, the Board may, upon
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1 application, award medical or medically related expenses and pecuniary losses
2 to the victim’s estate.
3    (f) The Board may award funeral expenses and pecuniary expenses to the
4 next of kin of a deceased victim who is not survived by a dependent.
5    (g) A victim or a dependent of a victim shall be eligible for compensation
6 for pecuniary losses sustained as a result of a crime that occurred after July 1,
7 1987, if the losses occurred on or after July 1, 1990.
8    (h) A victim who is under the age of 18 years of age at the time the
9 application for compensation is filed shall be eligible for compensation for
10 pecuniary losses sustained as a result of a crime, no matter when the crime
11 occurred, if the losses occurred on or after July 1, 1990.
12    (i) A victim shall be eligible for compensation for pecuniary losses
13 sustained as a result of a crime which that occurred before July 1, 1987, if at
14 the time of application the case is being investigated or is being prosecuted.
15 Sec. 4. 13 V.S.A. § 5361a is added to read:
16 § 5361a. VICTIM GUARDIANS
17    (a) There is created the position of victim guardian within the Center for
18 Crime Victim Services. Victim guardians shall be independent of any criminal
19 investigation or prosecution in order to provide conflict-free advocacy for
20 victims. Victim guardians shall coordinate with the Department of State’s
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1 Attorneys and Sheriffs’ Victim Advocate Program and other victim advocacy
2 organizations as appropriate.
3    (b) Victim guardians shall perform services in accordance with the job
4 descriptions established and maintained by the Center for Crime Victim
5 Services, including providing assistance to family members of a person who
6 was a victim of an officer-involved shooting of an individual experiencing a
7 mental health crisis. Such assistance shall include coordinating with the family
8 to make arrangements for the cleanup of biological or hazardous materials or
9 property damage at the scene of the incident and the disposition of human
10 remains. At the request of the family, payment of such expenses shall be made
11 directly from the Center for Crime Victim Services to vendors. Family that
12 does not make such a request for direct payment may apply to the Victims
13 Compensation Fund for reimbursement of expenses as provided in section
14 5353 of this title.
15 Sec. 5. 20 V.S.A. § 2365c is added to read:
16 § 2365c. MENTAL HEALTH CRISIS TRAINING
17    (a) In order to remain certified, law enforcement officers shall receive by
18 January 1, 2028, at least 15 hours of mental health crisis training in a program
19 approved by the Vermont Criminal Justice Council and the Vermont
20 Department of Mental Health.
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1    (b) Law enforcement officers shall receive mental health crisis retraining
2 every two years in a program approved by the Vermont Criminal Justice
3 Council.
4    (c) The Vermont Police Academy shall employ a mental health crisis
5 trainer for the sole purpose of training Vermont law enforcement and related
6 practitioners on issues related to mental health crises.
7 Sec. 6. 20 V.S.A. § 2368 is amended to read:
8 § 2368. STANDARDS FOR LAW ENFORCEMENT USE OF FORCE
9    (a) Definitions. As used in this section:
10***
11(3) “Force” means the physical coercion employed by a law
12 enforcement officer to compel a person’s compliance with the officer’s
13 instructions.
14(4) “Imminent threat of death or serious bodily injury” means when,
15 based on the totality of the circumstances, a reasonable officer in the same
16 situation would believe that a person has the present ability, opportunity, and
17 apparent intent to immediately cause death or serious bodily injury to the law
18 enforcement officer or another person. An imminent threat is not merely a fear
19 of future harm, no matter how great the fear and no matter how great the
20 likelihood of the harm, but is one that, from appearances, must be immediately
21 addressed and confronted.
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1(5) “Law enforcement officer” has the same meaning as in section
2 2351a of this title.
3(6) “Totality of the circumstances” means the conduct and decisions of
4 the law enforcement officer leading up to the use of force and all facts known
5 to the law enforcement officer at the time, including the conduct of the person
6 or persons involved.
7    (b) Use of force.
8(1) Whether the decision by a law enforcement officer to use force was
9 objectively reasonable shall be evaluated from the perspective of a reasonable
10 officer in the same situation, based on the totality of the circumstances. A law
11 enforcement officer’s failure to use feasible and reasonable alternatives to
12 force shall be a consideration for whether its use was objectively reasonable.
13(2) A law enforcement officer shall use only the force objectively
14 reasonable, necessary, and proportional to effect an arrest, to prevent escape, or
15 to overcome resistance of a person the officer has reasonable cause to believe
16 has committed a crime or to achieve any other lawful law enforcement
17 objective.
18(3) The authority of law enforcement to use physical force is a serious
19 responsibility that shall be exercised judiciously and with respect for human
20 rights and dignity and for the sanctity of every human life. Every person has a
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1 right to be free from excessive use of force by officers acting under authority
2 of the State.
3(4) The decision by a law enforcement officer to use force shall be
4 evaluated carefully and thoroughly, in a manner that reflects the gravity of that
5 authority and the serious consequences of the use of force by law enforcement
6 officers, in order to ensure that officers use force consistent with law and with
7 agency policies.
8(5) When a law enforcement officer knows that a subject’s conduct is
9 the result of a medical condition, mental impairment, developmental disability,
10 physical limitation, language barrier, drug or alcohol impairment, or other
11 factor beyond the subject’s control, the officer shall take that information into
12 account in determining the amount of force appropriate to use on the subject, if
13 any. Unless impracticable, a law enforcement officer who encounters a subject
14 experiencing the conditions described in this subdivision shall employ de-
15 escalating tactics prior to using any force, including:
16(A) avoiding forced entry into a residence unless there is an
17 imminent threat of death or serious bodily injury;
18(B) employing time, distance, and containment measures to reduce
19 the probability of confrontation;
20(C) permitting mental health professionals to lead crisis engagement,
21 if these professionals are present; or
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1(D) involving natural supports to de-escalate the encounter, including
2 family, friends, or other trusted persons.
3(6) A law enforcement officer who makes or attempts to make an arrest
4 need not retreat or desist from his or her the officer’s efforts by reason of the
5 resistance or threatened resistance of the person being arrested. A law
6 enforcement officer shall not be deemed an aggressor or lose the right to self-
7 defense by the use of proportional force if necessary in compliance with
8 subdivision (2) of this subsection to effect the arrest or to prevent escape or to
9 overcome resistance. For the purposes of this subdivision, “retreat” does not
10 mean tactical repositioning or other de-escalation tactics.
11(7) A law enforcement officer has a duty to intervene when the officer
12 observes another officer using a chokehold on a person.
13***
14 Sec. 7. POSITIONS; APPROPRIATIONS
15    (a) Two full-time, classified permanent positions for victim guardian are
16 created in the Vermont Center for Crime Victim Services.
17    (b) There is appropriated to the Vermont Center for Crime Victim Services
18 from the General Fund in fiscal year 2027 the sum of:
19(1) $230,000.00 for two victim guardians; and
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1(2) $20,000.00 for the purpose of paying the following expenses related
2 to an officer-involved shooting of an individual experiencing a mental health
3 crisis:
4(A) cleanup of biological or hazardous materials or fluids at the scene
5 of the shooting and repairs to property damage; and
6(B) disposition of human remains.
7 Sec. 8. EFFECTIVE DATE
8    This act shall take effect on July 1, 2026.
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