Committee reviews bill to standardize investigations of officer-involved shootings

On April 3, the Judiciary considered Senate Bill 28171, a proposal to create an interagency working group charged with developing a single protocol for investigating officer-involved shootings and reporting back to the committee by Dec. 1.

Michelle Charles of the Office of Legislative Council told the committee the bill is short and focuses on bringing together the Attorney General's Office, the Department of Public Safety, BSS and the Vermont Association of Chiefs of Police to identify a protocol and best practices for independent investigations. Charles said the measure includes an effective-date provision and requires the working group to examine other jurisdictions' protocols to inform its recommendations.

The bill lays out specific items the protocol should address, including a clear definition of “officer-involved shooting,” steps to identify and manage conflicts of interest, procedures for notifying interested parties, general investigative steps for law enforcement, and processes for prosecutorial assessment where dual investigations occur. The measure also directs the group to evaluate barriers to timely criminal charging determinations and to describe how investigative outcomes (including clearing an officer before charges) will be handled.

A records officer who spoke to the committee said multiple agencies receive identical public-records requests and often consult with one another before releasing footage or investigative materials. The officer urged that the protocol consider public-records procedures and the practical tension between disclosure and preserving the integrity of investigations.

A department representative told the panel, “for the department, we support the bill as amended and passed by the House.” Committee members and other participants emphasized that lengthy timelines for investigations and charging decisions remain a core concern; speakers cited the need for expert witnesses and interoffice reviews as common sources of delay.

Members said the bill shifts the focus from immediate policy changes to creating a working group that can clarify responsibilities and improve timeliness for the benefit of officers, victims' families and communities. The committee did not vote on the measure and agreed to continue discussion next week while soliciting input from additional stakeholders.

The working group is required by the bill to file a single report with the committee by Dec. 1 identifying the adopted protocol and any recommended legislative changes.