An act relating to criminal justice agency protocols for an officer-involved shooting

A new Section 1 (3 V.S.A. 153a) was added giving the Attorney General direct statutory authority to investigate any law enforcement officer who unholsters a firearm in the performance of official duties. The original protocol-only bill is now renumbered as Section 2.

Investigations must be completed within 90 days of initiation by the Attorney General, with an exception allowing longer timelines when the incident involves multiple individuals who were shot or physically injured.

The effective date for the new investigative authority section is July 1, 2025, while the retained protocol section takes effect on passage. The enacted version had a single effective date of passage (signed June 8, 2026).

The Attorney General must prepare and submit a written report to the subject officer and their employing agency containing a statement of facts, a detailed analysis and conclusion of each investigatory issue, and recommendations on criminal charges and policy changes.

The Attorney General is required to adopt rules under chapter 25 of title 3 to implement the section, including standards of review, timelines for reviewing incidents, ensuring public access to information about investigation procedures and timelines, and any other considerations deemed necessary.

New definitions for 'law enforcement agency' and 'law enforcement officer' are added by cross-reference to 20 V.S.A. 2351a.

New 3 V.S.A. 153a requires the Attorney General to investigate any law enforcement officer who unholsters a firearm in the performance of official duties, with completion within 90 days (extendable if multiple individuals were shot or physically injured).

The AG must submit a written report to the subject officer and their employing agency containing a statement of facts, detailed analysis and conclusion of each investigatory issue, and recommendations on criminal charges and policy changes.

The AG must adopt rules under chapter 25 of title 3 specifying the standard of review, timelines for reviewing incidents, ensuring public access to information about investigation procedures and timelines, and any other necessary considerations.

The new statutory section takes effect July 1, 2025, while the original protocol-development section retains its effective date of passage. The unofficial version had a single effective date of passage for the entire bill.

The bill's scope expanded from a soft directive for agencies to develop a collaborative protocol by December 2026 to a hard statutory mandate giving the AG direct investigatory authority with specific deadlines and reporting obligations, effective much sooner (July 1, 2025).

The bill's title and scope changed from 'Attorney General investigations into a law enforcement officer's use of a firearm' to 'criminal justice agency protocols for an officer-involved shooting.' The trigger narrowed from any officer who unholsters a firearm to specifically an 'officer-involved shooting,' though the exact definition is deferred to the protocol.

A legislative findings section was added stating it is in the best interests of victims and law enforcement officers to conduct independent OIS investigations efficiently and thoroughly, with intent to facilitate cooperation and instill public trust.

The 90-day investigation completion deadline (with exception for multiple injured individuals) was removed entirely.

The requirement that the Attorney General prepare and submit a written report to the subject officer and their employing agency, including a statement of facts, detailed analysis, and recommendations on charges and policy changes, was removed.

A new multi-agency collaborative process was added requiring the AGO, DSAS, Department of Public Safety, and the Vermont Association of Chiefs of Police to work together to identify a protocol and best practices for independent OIS investigations.

The protocol must describe a process for prosecutorial assessment including dual independent assessments, evaluate barriers to timely criminal charging determinations, and outline final outcomes such as clearing an officer or filing charges.

The requirement that the Attorney General adopt rules under chapter 25 (including standard of review, timelines, public access provisions) was removed.

The protocol must define 'officer-involved shooting' and what types of incidents trigger an investigation, and must define 'conflict of interest' and identify steps to manage conflicts for law enforcement and prosecutors.

A new deadline of December 1, 2026 was added requiring the entities to submit a written report to the House and Senate Judiciary Committees detailing their work, an agreed-upon protocol, and any legislative changes necessary including appropriations.

The effective date changed from July 1, 2025 to 'on passage.'

The entire statutory section (3 V.S.A. 153a) requiring the Attorney General to investigate any law enforcement officer who unholsters a firearm in official duties was removed. This included the 90-day investigation deadline, the requirement for written reports containing a statement of facts, detailed analysis, and recommendations on criminal charges and policy changes, and the mandate that the AG adopt implementing rules with standards of review, timelines, and public access provisions.

Subsection (c)(5) now includes 'the role of victim advocates' in the description of prosecutorial assessment of investigative materials, adding victim advocacy as a component of the protocol.

The bill's scope shifted from a prescriptive mandate governing how the Attorney General must conduct investigations to a directive requiring the Attorney General's Office, Department of State's Attorneys and Sheriffs, Department of Public Safety, and Vermont Association of Chiefs of Police to collaboratively develop a protocol and best practices for independent OIS investigations.

The effective date was changed from July 1, 2025 to upon passage of the bill.