Vermont H849: An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official

What the bill says

An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official. (H.849) It is hereby enacted by the General Assembly of the State of Vermont.

From the chaptered text, April 27, 2026:

An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official. (H.849) It is hereby enacted by the General Assembly of the State of Vermont: Sec. 1. 12 V.S.A. chapter 205 is added to read: CHAPTER 205. DEPRIVATION OF CONSTITUTIONAL RIGHTS § 5797. CIVIL ACTION (a) Every person who, under color of any statute, ordinance, regulation, custom, or usage, subjects or causes to be subjected any citizen of the State of Vermont or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution of the United States shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in the officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. (b) For purposes of this section, "color of any statute, ordinance, regulation, custom, or usage" includes color of any statute, ordinance, regulation, custom, or usage of the United States and of any U.S. state or territory or the District of Columbia. (c) Any defense available to a defendant under 42 U.S.C. § 1983 is likewise and to …

Read the full official text

Sponsors

• Martin LaLonde (D, Chittenden-12) · primary sponsor

Latest actions

1. April 29, 2026: House message: Governor allowed to become law without signature on [April 27, 2026]
2. April 28, 2026: Allowed to become law without the signature of the Governor on [April 27, 2026]
3. April 21, 2026: Delivered to Governor on [April 21, 2026]
4. April 16, 2026: Senate Message: Passed in concurrence
5. April 15, 2026: Read 3rd time & passed in concurrence
6. April 15, 2026: New Business/Third Reading
7. April 14, 2026: 3rd reading ordered on roll call [Passed -- Needed 15 of 30 to Pass -- Yeas = 23, Nays = 7]
8. April 14, 2026: Roll Call, Requested by Sen. [Vyhovsky]
9. April 14, 2026: Reported favorably by Senator [Hashim] for Committee on [Judiciary]
10. April 14, 2026: Read 2nd time

Votes

• 3rd reading ordered on roll call [Passed -- Needed 15 of 30 to Pass -- Yeas = 23, Nays = 7] (April 14, 2026): 23 yea, 7 nay, passed
• Which was agreed to on a Roll Call [Passed -- Needed 68 of 136 to Pass -- Yeas = 97, Nays = 39] (March 12, 2026): 97 yea, 39 nay, passed

Common questions

What is H849?

H849 is a bill in the Vermont Legislature (2025-2026 Session): An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official.

What does H849 do?

In its own words: An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official. (H.849) It is hereby enacted by the General Assembly of the State of Vermont.

What is the status of H849?

Chaptered as of April 14, 2026. Latest action: House message: Governor allowed to become law without signature on [April 27, 2026] (April 29, 2026).

Who sponsored H849?

Martin LaLonde (D, Chittenden-12).

Where is the official record for H849?

On the Vermont Legislature website: https://legislature.vermont.gov/bill/status/2026/H.849