Gov. Phil Scott on Monday signed police reform legislation that will require state police to wear body cameras and prohibit law enforcement officers from using chokeholds and other similar restraint techniques.
Lawmakers sent the bill, S.219, to Scott’s desk before they adjourned in late June, as they raced to craft legislation in the wake of the killing of George Floyd, a Black man, by police in Minneapolis in May.
“Exactly eight weeks ago today, this country watched the murder of George Floyd under the knee of an officer who was supposed to serve and protect all people,” the governor wrote in a letter to legislative leaders, announcing he had signed the legislation.
“Tragically, this is something we have seen far too many times. But this time Americans from all walks of life have come together to say ‘enough is enough.’ And while Vermont has committed to fair and impartial policing for years, there is clearly more work to be done.”
The legislation requires Vermont State Police officers wear body cameras starting Aug. 1.
Currently, the law does not include a detailed policy for how and when body cameras must be used, but lawmakers plan on passing such policy when they return for a special budget session in August.
It also prohibits law enforcement officers from using restraints that apply pressure to “the neck, throat, windpipe, or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain.”
Under the law, police officers who use such restraints that result in injury or death could be found guilty of a new crime punishable by up to 20 years in prison, or a $50,000 fine.
While the governor enacted the legislation, he stressed that he wants lawmakers to review the law and make changes to it when they return later this summer.
He said that he wants them to “revisit” the provision establishing the new crime for police officers.
The new crime is the most controversial aspect of the legislation. It was opposed by Department of Public Safety Commissioner Michael Schirling, who said it was unnecessary, noting that officers who misuse restraints can already be prosecuted under current law.
“Vermonters should understand neck restraints are not currently part of a law enforcement officer’s training and are prohibited as a matter of policy in Vermont,” the governor wrote.
When lawmakers passed S.219, they included a provision that requires them to continue to analyze the creation of the new crime for police who use prohibited restraints when they reconvene in August.
In addition, as a compromise, House lawmakers changed the bill, which was first passed by the Senate, so that the crime is automatically repealed on July 1, 2021.
This requires lawmakers work with the attorney general, the defender general and others to revise the law, and the newly created offense, before that date.
Scott also said that he wants legislators to revisit the body camera policy, noting that the current requirements are unclear and “overly broad, requiring cameras to be worn by many personnel not providing street level or uniformed emergency response.” This includes undercover officers, and officers investigating victims of sex crimes, he noted.
The governor said that he hopes that in the coming months, lawmakers will take up additional criminal justice reforms including policing training “modernization,” measures to provide community oversight of police, and a statewide use of force policy.
When they return, lawmakers are already planning on passing another bill, S.119, which would create a statewide policy for police use of force.
Under the legislation, such force would be considered necessary in cases where police officers or others face “imminent threat of death or bodily injury.”
Scott noted that he is also considering using his executive authority to enact police reform measures, “to further expedite this timely and important work.”
Read the story on VTDigger here: Scott signs police reform bill banning chokeholds, mandating body cameras.