[{"_1":2,"_111":-5,"_112":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87,99],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},"mediaId",6676493,"mediaKeyId","3680770-2dd358f7d3e8a24d255ec38dca28c261","parentId",3680770,"title","Senate committee approves bill declaring detainees cannot legally consent to sex with officers","audioSeconds",2506,"startMs",13660000,"endMs",16166000,"viewUrl","/Search/View?dp=1&key=3680770-2dd358f7d3e8a24d255ec38dca28c261&start=13660&end=16166","thumbnailUrl","https://assets.pipeline.soar.com/3680770-2dd358f7d3e8a24d255ec38dca28c261/thumbnail_13660000.jpg","articleUrl","/articles/6676493/Senate-committee-approves-bill-declaring-detainees-cannot-legally-consent-to-sex-with-officers","mediaUrl","https://secure.pipeline.soar.com/6676493-107de83324076504f6a0b2b83c0d6f35/orig.mp4?Expires=1773213188&Signature=NsiUUM-ELB67cHoCafmONdtgskgiAkkxksDewohfAu0dNtT1QbP8gLpgwqaS-8DBCkEkEEcp21j4OqsqEJXX8QJW1r7E9HRQ6ldGab~szF~R-9Vqf0hXEWZUQYdyneBzjxRPCC~GKyTpgFcgasm1KQ-U3aTFp0LYqdG07w5LutI8dC-RZSG1Om2nysZgFSIUa2u5YgwW3JelqzuVmVZdcHmTZ5pFY9N~2l0Sa5u3hecmxh6ToyqIb2yVUuE2-tK4AFgeanz5JbJXQDSq0gULhZHjH9CN08D7k3JY88L93qahSPHd6UJBjOX4dxmZ2YhwPQTmLd8Wn1z7gDqNmuEXUg__&Key-Pair-Id=KUT5TJCACFTXG","author","Virgin Islands Legislature","date","2025-06-05T14:03:27Z","article","The Committee on Homeland Security, Justice and Public Safety voted June 5 to advance Bill No. 36-0024, a measure that would add a new section to Title 14 of the Virgin Islands Code declaring that a person who is detained, under arrest, or otherwise in police custody is incapable of consenting to sexual relations with a law-enforcement officer.

Senator Ray Fonseca, sponsor of the measure, said the bill closes a legal loophole that has allowed officers in other jurisdictions to claim encounters were consensual when a power imbalance made genuine consent impossible. \"There should be no gray area when it comes to power, coercion, and sexual exploitation,\" Fonseca said.

Deborah Hodge, acting chief of police for the St. Thomas-St. John district, testified in support and recommended the statutory language use the broader term \"law enforcement officer\" so all sworn personnel are covered. Hodge referenced the 18 U.S.C. \u0000\u0000\u0000 \u0000 2243(c) federal statute and said the territory should align local law with that standard; the federal statute makes consent an invalid defense when the accused is a federal officer and the victim is in custody.

Attorney General Gordon Ray told the committee the Department of Justice supports the goal of the bill and recommended the committee consider drafting that creates a specific criminal offense and appropriate penalties rather than only addressing consent; he also suggested mandatory reporting and administrative tracking so agencies can detect patterns of misconduct.

Julie Smith Toddman, chief territorial public defender, raised drafting questions about how the bill defines \"custody,\" noting that courts typically apply a fact-specific \"reasonable person\" test (Miranda-era tests) to determine custody in other contexts and that the measure should make its standard explicit to reduce ambiguity.

Senators debated definitions, possible penalties, and whether the statute should be limited to persons physically restrained or broader to include those \"detained\" for questioning. After some amendments were discussed and the sponsor indicated follow-up language would be made available, the committee recorded a favorable vote (4 yes, 3 no) and forwarded the bill to Rules and Judiciary.","mediaType","Video","parentTitle","06-05-2025 Committee on Homeland Security, Justice and Public Safety","oneSentenceSummary","The committee approved a bill to add a statute declaring a person in police custody incapable of consenting to sexual activity with law-enforcement officers; sponsors said the law closes a legal loophole, while witnesses urged clear definitions and penalties.","taxTitle","2025 Legislature, Virgin Islands, International","taxId",77876,"location","","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6676497,"Committee advances automatic expungement for acquitted defendants",6921,6693000,13614000,"/Search/View?dp=1&key=3680770-2dd358f7d3e8a24d255ec38dca28c261&start=6693&end=13614","https://assets.pipeline.soar.com/3680770-2dd358f7d3e8a24d255ec38dca28c261/thumbnail_6693000.jpg","/articles/6676497/Committee-advances-automatic-expungement-for-acquitted-defendants","https://secure.pipeline.soar.com/6676497-c3e8458d8dfc11bf134701c5ae146b07/orig.mp4?Expires=1773213188&Signature=HrBg0XO9PRNswpue2d53wURQ5kuuoWUtGjCXxaYg0IJ1-ENcZvH~FRnJpak-RSQkOyjucMmCB7hklFdwdlcS13RCqx6khsYt9h~dTmmuqoD7345T-x0JB16zoCvMBKJrNcsrCv8iGvtB9K7HYJ8bwfiCj02nC5Z47F0nLL6Lc6VAksxqbW81ptfQ8t~J0pURQDwZP6dT~8Z8idkVtVeoQyl640uRuw9ftyNjOzN1lehVdsfpu2vAneu6QJO7VIEbiEJ5SJRzxPAaF1fiWDLi5XExgX~IkvO5SuR3V8ZZ3XYFGpmSt4ONnmnqUMKVji-aEzQ~woassqBr7fowe9GslA__&Key-Pair-Id=KUT5TJCACFTXG","The Committee on Homeland Security, Justice and Public Safety voted June 5 to approve Bill No. 36-0057, a proposal to require automatic expungement of an arrest record and related complaint or information when an accused person is acquitted. The committee vote was recorded in favor and the bill will be forwarded to Rules and Judiciary.

Supporters, including the Office of the Territorial Public Defender, argued automatic expungement is an equity measure that reduces barriers to employment, housing and education for people who were not convicted. Julie Smith Todman, chief territorial public defender, told the committee that expungement eases “civil death” caused by arrest records and that automatic relief would remove procedural and cost barriers for indigent residents who struggle to obtain petition-based expungement.

The Virgin Islands Police Department also testified and expressed conditional support for automatic expungement while urging safeguards. Assistant Commissioner Sean Santos recommended clarifications to protect investigative needs and proposed exceptions for individuals with prior felonious histories or for violent offenses, saying the bill should include reasonable safeguards to balance privacy with public safety.

Attorney General Gordon Ray testified in opposition to mandatory, unconditional automatic expungement as drafted. The attorney general said existing law already offers a petition-based expungement framework, that some records (for example, DNA samples entered into CODIS or NCIC entries) are used for investigations and officer safety, and that courts currently have discretion to weigh public-safety considerations. Ray urged making existing expungement procedures more accessible rather than automatically purging all records without judicial review.

After about five minutes of final discussion the committee voted in favor of the measure and forwarded it to Rules and Judiciary. Committee members said they expect follow-up language will be drafted to address concerns about access to certain investigative records and exceptions for prior serious offenses.","The committee approved a measure to require automatic expungement of arrest records and charging documents when an accused is acquitted, prompting debate over retained law-enforcement access to records such as DNA and fingerprints.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6676503,"Committee advances 'Janiqua's Law' to require child-maintenance restitution for DUI and negligent-driving victims",4892,6377000,11269000,"/Search/View?dp=1&key=3680770-2dd358f7d3e8a24d255ec38dca28c261&start=6377&end=11269","https://assets.pipeline.soar.com/3680770-2dd358f7d3e8a24d255ec38dca28c261/thumbnail_6377000.jpg","/articles/6676503/Committee-advances-Janiquas-Law-to-require-child-maintenance-restitution-for-DUI-and-negligent-driving-victims","https://secure.pipeline.soar.com/6676503-4ae7c41a1aa6b7628df731b48d7fe335/orig.mp4?Expires=1773213188&Signature=TF~GI9i9mZn13~HHXBcyc~CTmftJwxtRksX1MECu-XJNE-PELxFrQRVKn5q84QAzmcuOFKOEhO2w5rPNko3K8c8LT1eBU5lA0IK1jionjEBdmOTIaVoncKxewqqfJ9ggCieJHYLp3PAasuAfbVW6eJJGL5NfXK2wSxA02rrbV-g3DA601u1GfKVahKdXizNDitGDgsfVPB7tSeNkCa3ssto-eG~20wO13R5xLQKiLfOxmiFmnChx2e8oyLVweZcbqwwQd810Y6bl2apbCFzP-omANuBo0J7FZ5Owjpm-5r7-QSFFoDZIXwA9cM0dqEaGI12IoWsPvhrcAOy~OwgNxg__&Key-Pair-Id=KUT5TJCACFTXG","The Committee on Homeland Security, Justice and Public Safety voted June 5 to approve Bill No. 36-0027, \"Janiqua's Law,\" and forward it to the Committee on Rules and Judiciary. The measure, sponsored by Senator Kenneth L. Gittens, would amend Title 5 of the Virgin Islands Code to allow courts to order a defendant convicted of negligent homicide by motor vehicle or driving under the influence (DUI) that results in the death or permanent disability of a parent or guardian to pay restitution in the form of child maintenance.

Senator Kenneth L. Gittens, who introduced the bill, said the measure seeks to provide long-term financial support for children who lose parental support because of reckless or impaired driving. “This bill aims to provide long term support for children who lose a parent or a guardian due to a reckless or impaired driving accident,” Gittens said.

The Virgin Islands Police Department, through Daphne O’Neil, director of the Office of Highway Safety, testified in support and supplied territorial crash data to the committee. The VIPD testimony said impaired driving contributed to recent fatal and serious crashes and cited territorial figures, including a reported total of “over 5,000 traffic crashes” in fiscal year 2023 and locally recorded DUI-related fatalities and injuries during the referenced period (VIPD testimony listed: Saint Croix 7 fatalities, Saint Thomas 2 fatalities, Saint John 0; and injuries noted as 154 on Saint Croix, \"90 2\" on Saint Thomas, and 2 on Saint John in testimony).

Attorney General Gordon Ray reviewed the bill and described how a court would consider factors in setting maintenance amounts, including the child’s needs, the surviving parent’s resources, the child’s standard of living and educational needs, and the defendant’s ability to pay. AG Ray said the payments would continue until the child turns 18 — or 19 if still in high school — and that courts could consider garnishment, contempt and other enforcement tools if defendants do not pay.

Mothers Against Drunk Driving (MADD), represented remotely by Frank Harris, offered support and cited other jurisdictions that enacted similar statutes (Tennessee, Texas, Kentucky and others) as precedent. MADD and the AG said the bill is intended both to provide restitution and to deter impaired-driving behavior.

After a three-minute round of questioning and debate, the committee voted to approve the bill for favorable consideration and forward it to Rules and Judiciary. Roll-call results recorded seven yes votes and no recorded opposition at the committee vote.

If enacted, the law would require courts to order restitution in child-maintenance form when certain DUI or negligent-driving convictions lead to a victim who was a parent or guardian being killed or permanently disabled; the statute sets the length of payments and lists factors courts should weigh in determining amounts, but leaves precise enforcement mechanisms to judicial procedures and related statutes.","Lawmakers voted to forward a bill requiring defendants convicted of negligent homicide or DUI that kills or disables a parent or guardian to pay child-maintenance restitution; the committee approved forwarding the measure to Rules and Judiciary.",{"_33":100,"_35":36,"_37":38,"_39":101,"_41":102,"_43":103,"_45":104,"_47":105,"_49":106,"_51":107,"_53":108,"_55":56,"_57":58,"_59":109,"_61":62,"_63":64,"_65":110,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6676507,"USVI committee holds bill that would let legislative police arrest subpoena resisters",5339,826000,6165000,"/Search/View?dp=1&key=3680770-2dd358f7d3e8a24d255ec38dca28c261&start=826&end=6165","https://assets.pipeline.soar.com/3680770-2dd358f7d3e8a24d255ec38dca28c261/thumbnail_826000.jpg","/articles/6676507/USVI-committee-holds-bill-that-would-let-legislative-police-arrest-subpoena-resisters","https://secure.pipeline.soar.com/6676507-8d71c31b9e4ec3fd35f167e306f67ebb/orig.mp4?Expires=1773213188&Signature=oqTd-HCmJTQOp7t-p2AyPVWr2LUl2sJerqRmYCd9LF7HbMZ5g5YvJ25ydPF-WeYlGk0tpq09Lw80W2n5iufAcEpmmoeLTExqedhrTSYcDblw-3ltt~F2bAM4bmNLoAcLYoSI3R5N6sI79VoiAVpWYxMq6nYJyBjqJ1FsKRGVjJq4uVXnfqw7iT9DyHT0bc6~jhzTXpw2dqs0rL5qamnuXwBpfc9ZA5Xm22QOvEgfe19miwOlsSk1SVwCxGpWZklPXSWgEzlpSAMn-UF3x8bfXKkEbNXgL4rD1XIgei6LMxbJfuuj~S3afWPiDmxPwJadQdrbcaeaA1HuBmWndQ2iwg__&Key-Pair-Id=KUT5TJCACFTXG","Senators on the Committee on Homeland Security, Justice and Public Safety heard debate June 5 on Bill No. 36-0020, a measure sponsored by Senator Marvin A. Blyden to amend Title 2, Chapter 1, Section 6 of the Virgin Islands Code to allow the police chief of the Legislature, the sergeant-at-arms or any legislative security officer with peace-officer status to arrest a person who neglects or refuses to appear in obedience to a legislative subpoena. The committee ultimately voted to hold the bill in committee.

The bill’s sponsor framed the measure as a protection of the Legislature’s oversight power. “Does the legislature consider itself and set a separate and equal branch of government or not?” Senator Marvin A. Blyden asked, arguing the change would update language written before the Legislature had sworn peace officers and would clarify enforcement powers.

The Virgin Islands Police Department opposed the bill in written and oral testimony. Sean Santos, assistant commissioner for the VIPD, told the committee the proposal “raises serious legal, operational, and public safety concerns” and urged lawmakers not to approve it. Santos cited national practice requiring courts or other executive-branch agencies to handle subpoena enforcement and noted risks of politicization and erosion of public trust if legislative officers were given unilateral arrest authority.

Capitol Police Chief Terrence Manning, who described the Capitol Police as a division of the Legislature with more than 20 POST-certified officers, said his officers are trained and “post certified” to make arrests and that the division stands ready to carry out duties assigned by the Legislature. Manning described the Capitol Police’s authority and the need, in his view, for clarity in the law about who enforces subpoenas.

Legal counsel told senators the current statutory language refers specifically to the ‘‘territorial police force’’ (the Virgin Islands Police Department) and thus does not clearly authorize the Capitol Police to effect arrests under Section 6. Counsel said that is the gap the bill is designed to close but emphasized that policy questions about separation of powers and risk were not strictly legal questions.

Committee members expressed a range of views in a roughly three-hour discussion. Some senators said the change merely reflects reality—Capitol Police already serve subpoenas and are POST certified—while others warned the legislation could create redundancy, jurisdictional confusion, or incentives for political retaliation. Several senators urged strengthening courts’ role in enforcing subpoenas, creating monetary sanctions or other alternatives, or clarifying limits and protections before granting any arrest power.

After debate, Senator Avery L. Lewis moved that the bill be held in committee at the call of the chair; the motion was seconded and carried by recorded tally. The committee minutes record the bill “will be held in committee at the call of the chair.”

The legislation remains under committee consideration; proponents say it updates obsolete code language, while opponents, including the VIPD and several committee members, urged further legal drafting and safeguards to avoid unintended effects on separation of powers and civil liberties.","A bill to let Capitol Police and other legislative security officers arrest people who refuse legislative subpoenas was debated June 5 and held in committee after lawmakers and police officials raised legal and operational concerns.","actionData","errors"]

Article not found

Senate committee approves bill declaring detainees cannot legally consent to sex with officers

Committee advances automatic expungement for acquitted defendants

Committee advances 'Janiqua's Law' to require child-maintenance restitution for DUI and negligent-driving victims

USVI committee holds bill that would let legislative police arrest subpoena resisters