§ 1151. Definitions

Unless the context clearly requires otherwise, the definitions in this section apply throughout the subchapter.

(1) "Actual address" means the physical location where the applicant resides and may include a school address or work address of an individual, as specified on the individual's application to be a Program participant under this chapter.

(2) "Agency" means any subdivision of the State of Vermont, a municipality, or a subdivision of a municipality.

(3) "Domestic violence" means an act of abuse as defined in subdivision 1101(1) of this title and includes a threat of such acts committed against an individual in a domestic situation, regardless of whether these acts or threats have been reported to law enforcement officers.

(4) "Human trafficking" means conduct prohibited by 13 V.S.A. § 2652 or 2653, and includes a threat of such, regardless of whether the conduct or threat of conduct has been reported to law enforcement officers.

(5) "Law enforcement agency" means the Department of Public Safety, a municipal police department, a sheriff's department, the Attorney General's Office, a State's Attorney's Office, or certified law enforcement officers of the Department of Motor Vehicles, Agency of Natural Resources, or Department of Liquor and Lottery. "Law enforcement agency" shall also mean the Department for Children and Families when engaged in:

(A) the investigation of child abuse and neglect;

(B) the delivery of services to families and children with whom the Department is working pursuant to the provisions of 33 V.S.A. chapters 51, 52, and 53; or

(C) the performance of the Department's responsibilities pursuant to an interstate compact to which the State is a party.

(6) "Law enforcement purpose" means all matters relating to:

(A) the prevention, investigation, prosecution, or adjudication of criminal offenses, civil matters, or juvenile matters;

(B) the investigation, prosecution, adjudication, detention, supervision, or correction of persons suspected, charged, or convicted of criminal offenses or juvenile delinquencies;

(C) the protection of the general health, welfare, and safety of the public or the State of Vermont;

(D) the execution and enforcement of court orders;

(E) service of criminal or civil process or court orders;

(F) screening for criminal justice employment;

(G) other actions taken in performance of official duties, as set forth by statutes, rules, policies, judicial case law, and the U.S. and Vermont Constitutions; and

(H) criminal identification activities, including the collection, storage, and dissemination of criminal history records, as defined in 20 V.S.A. § 2056a(a)(1), sex offender registry information, and DNA material and information.

(7) "Program participant" means a person certified as a Program participant under this chapter.

(8) "Public record" means a public record as defined in 1 V.S.A. § 317.

(9) "Secretary" means the Vermont Secretary of State.

(10) "Sexual assault" means an act of assault as defined in 13 V.S.A. § 3252(a) or (b) (sexual assault) or 3253(a) (aggravated sexual assault), and includes a threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

(11) "Stalking" means conduct as defined in 13 V.S.A. § 1061 (stalking) or 1063 (aggravated stalking), and includes a threat of such acts, regardless of whether these acts or threats have been reported to law enforcement officers.

(12) "Substitute address" means the Secretary's designated address for the Address Confidentiality Program. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001; amended 2001, No. 28, § 2, eff. May 21, 2001; 2011, No. 94 (Adj. Sess.), § 2, eff. May 1, 2012; 2013, No. 131 (Adj. Sess.), § 113; 2019, No. 73, § 25.)