BILL AS INTRODUCED H.258
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H.258 1
Introduced by Representatives Arsenault of Williston and Rachelson of 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Crimes; criminal procedure; law enforcement; interrogation; juveniles 6
Statement of purpose of bill as introduced: This bill proposes to prohibit law 7
enforcement’s use of deception during the custodial interrogation of juveniles. 8
This bill also proposes to require the notification and contact with a juvenile’s 9
parent, guardian, or legal custodian prior to any custodial interrogation. 10
Additionally, this bill proposes to mandate the Vermont Criminal Justice 11
Council to adopt a statewide policy implementing a minimum set of standards 12
for various forms of law enforcement interrogation, including the limitation 13
and eventual elimination of deception in all forms of interrogation. 14
An act relating to law enforcement interrogation policies 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. LEGISLATIVE INTENT; JUVENILE INTERROGATION; LAW 17
ENFORCEMENT INTERROGATION POLICIES 18
It is the intent of the General Assembly to prevent false confessions and 19
wrongful convictions of individuals subject to law enforcement interrogation 20 BILL AS INTRODUCED H.258
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and to improve trust between Vermont’s communities and law enforcement. 1
To achieve these objectives, it is the further intent of the General Assembly to 2
create a minimum set of law enforcement interrogation standards that 3
incorporate evidence-based best practices by: 4
(1) requiring that a juvenile’s parent, guardian, or legal custodian obtain 5
notice and contact with the juvenile prior to any custodial interrogation; 6
(2) prohibiting law enforcement’s use of threats, physical harm, and 7
deception during custodial interrogations of persons under 22 years of age; and 8
(3) mandating that the Vermont Criminal Justice Council develop, 9
adopt, and enforce a statewide model interrogation policy that applies to all 10
Vermont law enforcement agencies and constables exercising law enforcement 11
authority pursuant to 24 V.S.A. § 1936a. 12
Sec. 2. 13 V.S.A. § 5585 is amended to read: 13
§ 5585. ELECTRONIC RECORDING OF A CUSTODIAL 14
INTERROGATION DEFINITIONS 15
(a) As used in this section subchapter: 16
(1) “Custodial interrogation” means any interrogation: 17
(A) involving questioning by a law enforcement officer that is 18
reasonably likely to elicit an incriminating response from the subject; and 19
(B) in which a reasonable person in the subject’s position would 20
consider the person to be in custody, starting from the moment a person should 21 BILL AS INTRODUCED H.258
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have been advised of the person’s Miranda rights and ending when the 1
questioning has concluded. 2
(2) “Deception” includes the knowing communication of false facts 3
about evidence, the knowing misrepresentation of the accuracy of the facts, the 4
knowing misrepresentation of the law, or the knowing communication of 5
unauthorized statements regarding leniency. 6
(2)(3) “Electronic recording” or “electronically recorded” means an 7
audio and visual recording that is an authentic, accurate, unaltered record of a 8
custodial interrogation, or if law enforcement does not have the current 9
capacity to create a visual recording, an audio recording of the interrogation. 10
(4) “Government agent” means: 11
(A) a school resource or safety officer; or 12
(B) an individual acting at the request or direction of a school 13
resource or safety officer or a law enforcement officer. 14
(5) “Interested adult” means a person who is 18 years of age or older 15
and genuinely interested in the welfare of a juvenile subject to custodial 16
interrogation but is completely independent from and dissociated with the 17
prosecution in accordance with In re E.T.C., 141 Vt. 375, 378 (1982). 18
(6) “Law enforcement officer” has the same meaning as in 20 V.S.A. 19
§ 2351a. 20 BILL AS INTRODUCED H.258
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(3)(7) “Place of detention” means a building or a police station that is a 1
place of operation for the State police, a municipal police department, county 2
sheriff department, or other law enforcement agency that is owned or operated 3
by a law enforcement agency at which persons are or may be questioned in 4
connection with criminal offenses or detained temporarily in connection with 5
criminal charges pending a potential arrest or citation. 6
(4)(8) “Statement” means an oral, written, sign language, or nonverbal 7
communication. 8
(b)(1) A custodial interrogation that occurs in a place of detention 9
concerning the investigation of a felony or misdemeanor violation of this title 10
shall be electronically recorded in its entirety. Unless impracticable, a custodial 11
interrogation occurring outside a place of detention concerning the 12
investigation of a felony or misdemeanor violation of this title shall be 13
electronically recorded in its entirety. 14
(2) In consideration of best practices, law enforcement shall strive to 15
record simultaneously both the interrogator and the person being interrogated. 16
(c)(1) The following are exceptions to the recording requirement in 17
subsection (b) of this section: 18
(A) exigent circumstances; 19
(B) a person’s refusal to be electronically recorded; 20
(C) interrogations conducted by other jurisdictions; 21 BILL AS INTRODUCED H.258
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(D) a reasonable belief that the person being interrogated did not 1
commit a felony or misdemeanor violation of this title and, therefore, an 2
electronic recording of the interrogation was not required; 3
(E) the safety of a person or protection of the person’s identity; and 4
(F) equipment malfunction. 5
(2) If law enforcement does not make an electronic recording of a 6
custodial interrogation as required by this section, the prosecution shall prove 7
by a preponderance of the evidence that one of the exceptions identified in 8
subdivision (1) of this subsection applies. If the prosecution does not meet the 9
burden of proof, the evidence is still admissible, but the court shall provide 10
cautionary instructions to the jury regarding the failure to record the 11
interrogation. 12
Sec. 3. 13 V.S.A. § 5586 is added to read: 13
§ 5586. ELECTRONIC RECORDING OF A CUSTODIAL 14
INTERROGATION 15
(a)(1) A custodial interrogation that occurs in a place of detention 16
concerning the investigation of a felony or misdemeanor violation of this title 17
shall be electronically recorded in its entirety. Unless impracticable, a 18
custodial interrogation occurring outside a place of detention concerning the 19
investigation of a felony or misdemeanor violation of this title shall be 20
electronically recorded in its entirety. 21 BILL AS INTRODUCED H.258
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(2) In consideration of best practices, law enforcement shall strive to 1
record simultaneously both the interrogator and the person being interrogated. 2
(b)(1) The following are exceptions to the recording requirement in 3
subsection (a) of this section: 4
(A) exigent circumstances; 5
(B) a person’s refusal to be electronically recorded; 6
(C) interrogations conducted by other jurisdictions; 7
(D) a reasonable belief that the person being interrogated did not 8
commit a felony or misdemeanor violation of this title and, therefore, an 9
electronic recording of the interrogation was not required; 10
(E) the safety of a person or protection of the person’s identity; and 11
(F) equipment malfunction. 12
(2) If law enforcement does not make an electronic recording of a 13
custodial interrogation as required by this section, the prosecution shall prove 14
by a preponderance of the evidence that one of the exceptions identified in 15
subdivision (1) of this subsection applies. If the prosecution does not meet the 16
burden of proof, the evidence is still admissible, but the court shall provide 17
cautionary instructions to the jury regarding the failure to record the 18
interrogation. 19 BILL AS INTRODUCED H.258
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Sec. 4. 13 V.S.A. § 5587 is added to read: 1
§ 5587. CUSTODIAL INTERROGATION; JUVENILES; INTERESTED 2
ADULT; NOTICE, CONSULTATION, AND PRESENCE 3
(a)(1) Prior to any custodial interrogation of a person under 18 years of age 4
by a law enforcement officer or government agent, the person’s interested 5
adult shall be notified of the person’s arrest. 6
(2) The interested adult shall have contact with the person’s parent or 7
guardian prior to the commencement of any custodial interrogation, if the 8
interested adult is not the person’s parent or guardian themselves. 9
(b) The interested adult shall be present during the entirety of any custodial 10
interrogation of a person under 18 years of age. 11
(c) The notification and contact required by subsection (a) of this section 12
shall be effectuated by an in-person meeting or by electronic, telephonic, or 13
videographic conference. 14
Sec. 5. 13 V.S.A. § 5588 is added to read: 15
§ 5588. CUSTODIAL INTERROGATION; JUVENILES; PROHIBITIONS; 16
INADMISSIBILITY 17
(a) During a custodial interrogation of a person under 22 years of age 18
relating to the commission of a criminal offense or delinquent act, a law 19
enforcement officer or government agent shall not employ threats, physical 20
harm, or deception. 21 BILL AS INTRODUCED H.258
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(b)(1) Any admission, confession, or statement, whether written or oral, 1
made by a person under 22 years of age and obtained in violation of subsection 2
(a) of this section shall be presumed to be involuntary and inadmissible in any 3
proceeding. 4
(2) The presumption that any such admission, confession, or statement 5
is involuntary and inadmissible may be overcome if the State proves by clear 6
and convincing evidence that the admission, confession, or statement was: 7
(A) voluntary and not induced by a law enforcement officer’s or 8
government agent’s use of threats, physical harm, or deception prohibited by 9
subsection (a) of this section; and 10
(B) any actions of a law enforcement officer or government agent in 11
violation of subsection (a) of this section did not undermine the reliability of 12
the person’s admission, confession, or statement and did not create a 13
substantial risk that the person might falsely incriminate themselves. 14
Sec. 6. VERMONT CRIMINAL JUSTICE COUNCIL; MODEL 15
INTERROGATION POLICY 16
(a) Intent. It is the intent of the General Assembly that the Vermont 17
Criminal Justice Council create a model interrogation policy that is grounded 18
in evidence-based best practices to limit and eventually eliminate the use of 19
deception in law enforcement interrogations. 20 BILL AS INTRODUCED H.258
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(b) Policy development. On or before January 1, 2026, the Vermont 1
Criminal Justice Council, in consultation with the Office of the Attorney 2
General and stakeholders, including the Agency of Human Services, the 3
Vermont League of Cities and Towns, the Vermont Human Rights 4
Commission, and the Innocence Project, shall establish one cohesive evidence-5
based model interrogation policy for law enforcement agencies and constables 6
to adopt, follow, and enforce as part of the agency’s or constable’s own 7
interrogation policy. 8
(c) Policy contents. The evidence-based model interrogation policy created 9
pursuant to this section shall apply to all persons subject to various forms of 10
interrogation, including the following: 11
(1) custodial interrogations occurring in a place of detention; 12
(2) custodial interrogations occurring outside a place of detention; 13
(3) interrogations that are not considered custodial, regardless of 14
location; and 15
(4) the interrogation of individuals with developmental, intellectual, and 16
psychiatric disabilities; substance use disorders; and low literacy levels. 17
Sec. 7. 20 V.S.A. § 2359 is amended to read: 18
§ 2359. COUNCIL SERVICES CONTINGENT ON AGENCY 19
COMPLIANCE; GRANT ELIGIBILITY 20 BILL AS INTRODUCED H.258
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(a) On and after January 1, 2022, a law enforcement agency shall be 1
prohibited from having its law enforcement applicants or officers trained by 2
the Police Academy or from otherwise using the services of the Council if the 3
agency is not in compliance with the requirements for collecting roadside stop 4
data under section 2366 of this chapter, the requirement to report to the Office 5
of Attorney General death or serious bodily injuries under 18 V.S.A. 6
§ 7257a(b), or the requirement to adopt, follow, or and enforce any policy 7
required under this chapter. 8
(b) On and after April 1, 2026, a law enforcement agency shall be 9
prohibited from receiving grants, or other forms of financial assistance, if the 10
agency is not in compliance with the requirement to adopt, follow, and enforce 11
the model interrogation policy established by the Council pursuant to section 12
2372 of this title. 13
(c) The Council shall adopt procedures to enforce the requirements of this 14
section, which may allow for waivers for agencies under a plan to obtain 15
compliance with this section. 16
Sec. 8. 20 V.S.A. § 2372 is added to read: 17
§ 2372. STATEWIDE POLICY; INTERROGATION METHODS 18
(a) As used in this section: 19
(1) “Custodial interrogation” has the same meaning as in 13 V.S.A. 20
§ 5585. 21 BILL AS INTRODUCED H.258
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(2) “Place of detention” has the same meaning as in 13 V.S.A. § 5585. 1
(b) The Council shall establish a model interrogation policy that applies to 2
all persons subject to various forms of interrogation, including the following: 3
(1) custodial interrogations occurring in a place of detention; 4
(2) custodial interrogations occurring outside a place of detention; 5
(3) interrogations that are not considered custodial, regardless of 6
location; and 7
(4) the interrogation of individuals with developmental, intellectual, and 8
psychiatric disabilities; substance use disorders; and low literacy levels. 9
(c)(1) On or before April 1, 2026, each law enforcement agency and every 10
constable who exercises law enforcement authority pursuant to 24 V.S.A. 11
§ 1936a and who is trained in compliance with section 2358 of this title shall 12
adopt, follow, and enforce an interrogation policy that includes each 13
component of the model interrogation policy established by the Council, and 14
each law enforcement officer or constable who exercises law enforcement 15
authority shall comply with the provisions of the agency’s or constable’s 16
policy. 17
(2) On or before October 1, 2026, and every even-numbered year 18
thereafter, the Vermont Criminal Justice Council, in consultation with others, 19
including the Office of the Attorney General, the Agency of Human Services, 20 BILL AS INTRODUCED H.258
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and the Human Rights Commission, shall review and, if necessary, update the 1
model interrogation policy. 2
(d) To encourage fair and consistent interrogation methods statewide, the 3
Vermont Criminal Justice Council, in consultation with the Office of the 4
Attorney General, shall review the policies of law enforcement agencies and 5
constables required to adopt a policy pursuant to subsection (c) of this section, 6
to ensure that those policies establish each component of the model policy on 7
or before April 15, 2026. If the Council finds that a policy does not meet each 8
component of the model policy, it shall work with the law enforcement agency 9
or constable to bring the policy into compliance. If, after consultation with its 10
attorney or with the Council, or with both, the law enforcement agency or 11
constable fails to adopt a policy that meets each component of the model 12
policy, that agency or constable shall be deemed to have adopted, and shall 13
follow and enforce, the model policy established by the Council. 14
(e) The Council shall incorporate the provisions of this section into the 15
training it provides. 16
(f) Annually, as part of their annual training report to the Council, every 17
law enforcement agency and every constable who exercises law enforcement 18
authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with 19
section 2358 of this title shall report to the Council whether the agency or 20
constable has adopted an interrogation policy in accordance with subsections 21 BILL AS INTRODUCED H.258
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(c) and (d) of this section. The Vermont Criminal Justice Council shall 1
determine, as part of the Council’s annual certification of training 2
requirements, whether current officers have received training on interrogation 3
methods as required by subsection (e) of this section. 4
(g) Annually, on or before July 1, the Vermont Criminal Justice Council 5
shall report to the House and Senate Committees on Judiciary regarding which 6
law enforcement agencies and officers have received training on interrogation 7
methods. 8
Sec. 9. VERMONT CRIMINAL JUSTICE COUNCIL; POSITION; 9
APPROPRIATION 10
(a) On July 1, 2025, a new, permanent, classified Director of Policy 11
position is created in the Vermont Criminal Justice Council. In addition to any 12
other duties deemed appropriate by the Council, the Director of Policy shall 13
supervise the development, oversight, and compliance work related to the 14
Council’s internal, external, and State-mandated policies. 15
(b) The position of Director of Policy established in subsection (a) of this 16
section shall be subject to a General Fund appropriation in fiscal year 2026. 17
Sec. 10. EFFECTIVE DATES 18
This act shall take effect on July 1, 2025, except that Secs. 4 (juvenile 19
custodial interrogation; notice and contact with parent, custodian, or legal 20
guardian), 5 (juvenile custodial interrogation; prohibitions; inadmissibility), 21 BILL AS INTRODUCED H.258
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7 (council services contingent on Agency compliance; grant eligibility), and 1
8 (statewide policy; interrogation methods) shall take effect on April 1, 2026. 2