Vermont 2025-2026 Regular Session Status: Enacted 1 D cosponsors

H 849 — An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official

Last action — House message: Governor allowed to become law without signature on April 27, 2026

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 03, 2026. Enacted.

Signed by Governor Phil Scott (Republican) on April 29, 2026.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

43 added · 33 removed

Plain-language change summary

The bill H.849 has been amended to allow individuals to bring civil lawsuits against government officials for both state and federal constitutional rights violations. This change broadens the scope of the law, enabling more people to seek justice when their rights are infringed upon—regardless of whether the violation originates from federal, state, or local authorities. This matters because it empowers citizens and enhances accountability for government actions that infringe on constitutional rights.

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AS PASSED BY HOUSE H.849 Page 1 of 2 H.849 An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official It is hereby enacted by the General Assembly of the State of Vermont:
BILL AS PASSED BY THE HOUSE H.849 Page 1 of 2 H.849 SHORT FORM Introduced by Representative LaLonde of South Burlington Referred to Committee on Date:
Sec.
Subject:
Court procedure;
civil action for damages;
constitutional rights Statement of purpose of bill as introduced:
This bill proposes to authorize any person to bring a civil action for damages against a federal, State, or local government official for interference with or violations of State or federal constitutional rights.
An act relating to a civil action for damages for interference with State or federal constitutional rights by any government official An act relating to a civil action for damages for deprivation of federal constitutional rights by any government official It is hereby enacted by the General Assembly of the State of Vermont:
(TEXT OMITTED IN SHORT-FORM BILLS) Sec.
DEPRIVATION OF CONSTITUTIONAL RIGHTS § 5797.
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.
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 BILL AS PASSED BY THE HOUSE H.849 Page 2 of 2 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.
VT LEG #387927 v.1 AS PASSED BY HOUSE H.849 Page 2 of 2 (c) Any defense available to a defendant under 42 U.S.C.
(c) Any defense available to a defendant under 42 U.S.C.
§ 1983 is likewise and to the same extent available to any defendant in an action brought under subsection (a) of this section.
§ 1983 is likewise and to the same extent available to any defendant in an action brought under subsection (a) of this section.
§ 1983, as amended, as interpreted by the courts of the United States.
§ 1983, as amended, as interpreted by the courts of the United States.
VT LEG #387927 v.1
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  • As Passed by Both House and Senate (OfficialOpens in a new window) View text pdf
  • As Passed by Both House and Senate (UnofficialOpens in a new window) View text pdf
  • As EnactedOpens in a new window View text pdf
  • Act SummaryOpens in a new window View text Current pdf
  • Introduced As IntroducedOpens in a new window pdf

Action History

  1. House message: Governor allowed to become law without signature on April 27, 2026

  2. Allowed to become law without the signature of the Governor on April 27, 2026

  3. Delivered to the Governor on April 21, 2026

  4. Senate Message: Passed in concurrence

  5. Read 3rd time & passed in concurrence

  6. New Business/Third Reading

  7. 3rd reading ordered on roll call Passed -- Needed 15 of 30 to Pass -- Yeas = 23, Nays = 7

  8. Reported favorably by Senator Hashim for Committee on Judiciary

  9. Read 2nd time

  10. Favorable report by Committee on Judiciary

  11. Second Reading

  12. Favorable report by Committee on Judiciary

  13. Second Reading

  14. Entered on Notice Calendar

  15. Read 1st time & referred to Committee on Judiciary

  16. Read third time and passed

  17. Action Calendar: Third Reading

  18. Third Reading ordered

  19. Which was agreed to on a Roll Call Passed -- Needed 68 of 136 to Pass -- Yeas = 97, Nays = 39

  20. Report of Committee on Judiciary agreed to

  21. Rep. Houghton of Essex Junction demanded yeas and nays

  22. Rep. LaLonde of South Burlington reported for the Committee on Judiciary

  23. Read second time

  24. Action Calendar: Favorable with Amendment

  25. Notice Calendar: Favorable with Amendment

  26. Notice Calendar: Favorable with Amendment

  27. Read first time and referred to the Committee on Judiciary

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 189 not signed on · 45 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (189)

189 members have not signed on to this bill.

Show all 189 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd reading ordered on roll call Passed -- Needed 15 of 30 to Pass -- Yeas = 23, Nays = 7

Passed 23 Yea · 7 Nay
Party YeaNayPresentNot Voting
Democrat/Progressive 3000
Republican 7700
Democrat 10000
Unaffiliated 2000
Progressive/Democrat 1000
Total 23700
% of votes cast 77%23%0%0%
How each member voted (30)
Member Party Vote
White — Yea
Ram Hinsdale — Yea
Alison Clarkson Democrat Yea
Ann E Cummings Democrat Yea
Joseph "Joe" D Major Democrat Yea
Martine Larocque L Gulick Democrat Yea
Nader A Hashim Democrat Yea
Robert Plunkett Democrat Yea
Ruth E Hardy Democrat Yea
Seth Bongartz Democrat Yea
Thomas I Chittenden Democrat Yea
Virginia "Ginny" V Lyons Democrat Yea
Andrew J Perchlik Democrat/Progressive Yea
Anne E Watson Democrat/Progressive Yea
Philip E Baruth Democrat/Progressive Yea
Tanya C Vyhovsky Progressive/Democrat Yea
Brian P Collamore Republican Nay
Christopher P Mattos Republican Yea
David H Weeks Republican Yea
Jim F Harrison Republican Yea
John Benson Republican Nay
John S Morley III Republican Nay
Patrick "Pat" M Brennan Republican Yea
Randy D Brock Republican Yea
Richard A Westman Republican Yea
Robert W Norris Republican Nay
Russ H Ingalls Republican Nay
Scott L Beck Republican Yea
Steven Heffernan Republican Nay
Terry K Williams Republican Nay

Official roll call →

Which was agreed to on a Roll Call Passed -- Needed 68 of 136 to Pass -- Yeas = 97, Nays = 39

Passed 97 Yea · 39 Nay · 14 Other
Party YeaNayPresentNot Voting
Democrat 73008
Republican/Democrat 1200
Republican 123604
Unaffiliated 5100
Progressive/Democrat 3000
Independent 3002
Total 9739014
% of votes cast 65%26%0%9%
How each member voted (150)
Member Party Vote
Casey — Yea
Hooper — Yea
Hooper — Yea
White — Yea
White — Yea
Casey — Nay
Abbey Duke Democrat Yea
Alice M. M Emmons Democrat Yea
Alyssa Black Democrat Yea
Amy D Sheldon Democrat Yea
Angela Arsenault Democrat Yea
Barbara Rachelson Democrat Yea
Bram Kleppner Democrat Not Voting
Brian Minier Democrat Yea
Bridget M Burkhardt Democrat Yea
Carol Ode Democrat Yea
Charles A Kimbell Democrat Yea
Chea Waters Evans Democrat Yea
Christopher Morrow Democrat Yea
Daisy Berbeco Democrat Yea
Daniel A Noyes Democrat Yea
Dara Torre Democrat Yea
David K Durfee Democrat Yea
David W Yacovone Democrat Yea
Doug Bishop Democrat Yea
Edward "Teddy" Waszazak Democrat Yea
Edye Graning Democrat Yea
Ela Chapin Democrat Yea
Elizabeth L Burrows Democrat Yea
Emilie K Kornheiser Democrat Yea
Emilie Krasnow Democrat Yea
Emily Carris Duncan Democrat Yea
Emily J Long Democrat Yea
Erin Brady Democrat Yea
Esme Cole Democrat Yea
Gayle S Pezzo Democrat Yea
Golrang "Rey" Garofano Democrat Yea
Herb Olson Democrat Yea
Ian Goodnow Democrat Yea
James W Masland Democrat Yea
Jill L Krowinski Democrat Not Voting
John K O'Brien Democrat Not Voting
John L Bartholomew Democrat Yea
Jonathan Cooper Democrat Yea
Jubilee McGill Democrat Yea
Karen Lueders Democrat Yea
Karen N Dolan Democrat Yea
Kate Lalley Democrat Yea
Kate McCann Democrat Yea
Kate Nugent Democrat Yea
Kathleen C James Democrat Yea
Kevin "Coach" B Christie Democrat Not Voting
Kristi C Morris Democrat Yea
Larry Satcowitz Democrat Not Voting
Leanne Harple Democrat Yea
Leonora Dodge Democrat Yea
Leslie Goldman Democrat Yea
Lori Houghton Democrat Yea
Lucy Boyden Democrat Yea
Marc B Mihaly Democrat Yea
Martin J LaLonde Democrat Yea
Mary E. E Howard Democrat Yea
Mary-Katherine A Stone Democrat Not Voting
Matthew J Birong Democrat Yea
Michael Mrowicki Democrat Yea
Michael N Hoyt Democrat Yea
Michael Nigro Democrat Yea
Michelle Bos-Lun Democrat Not Voting
Mollie S. S Burke Democrat Not Voting
Monique Priestley Democrat Yea
Peter C Conlon Democrat Yea
Phil Pouech Democrat Yea
R. Scott Campbell Democrat Yea
Rebecca Holcombe Democrat Yea
Robert Hunter Democrat Yea
Robin P Scheu Democrat Yea
Sarah "Sarita" C Austin Democrat Yea
Saudia LaMont Democrat Yea
Shawn Sweeney Democrat Yea
Theresa A Wood Democrat Yea
Thomas S Stevens Democrat Yea
Tiffany Bluemle Democrat Yea
Timothy R. R Corcoran II Democrat Yea
Trevor J Squirrell Democrat Yea
Wendy A Critchlow Democrat Yea
William "Will" Greer Democrat Yea
Zon Eastes Democrat Yea
Anne B. B Donahue Independent Yea
Jed Lipsky Independent Not Voting
Joseph Parsons Independent Not Voting
Laura H Sibilia Independent Yea
Troy Headrick Independent Yea
Brian J Cina Progressive/Democrat Yea
Chloe Tomlinson Progressive/Democrat Yea
Kate Logan Progressive/Democrat Yea
Allen "Penny" R Demar Republican Nay
Anthony "Tony" Micklus Republican Yea
Beth M Quimby Republican Yea
Brenda Steady Republican Not Voting
Carolyn W Branagan Republican Yea
Chris A Taylor Republican Yea
Chris A Taylor Republican Nay
Chris Brown Republican Yea
Chris Keyser Republican Nay
Christopher "Chris" A Pritchard Republican Nay
Christopher Howland Republican Nay
David "Dave" Bosch Republican Nay
Deborah "Debbie" C Dolgin Republican Yea
Debra L Powers Republican Nay
Eileen G Dickinson Republican Nay
Eric Maguire Republican Nay
Francis M McFaun Republican Nay
Gina M Galfetti Republican Nay
Gregory "Greg" Burtt Republican Not Voting
Jack H Brigham Republican Not Voting
James A Gregoire Republican Not Voting
John Kascenska Republican Yea
Joseph "Joe" Luneau Republican Yea
Joshua Dobrovich Republican Nay
Kenneth "Ken" L Wells Republican Nay
Kenneth W Goslant Republican Nay
Kevin C Winter Republican Nay
Larry Labor Republican Nay
Leland J Morgan Republican Yea
Lisa A Hango Republican Nay
Mark A Higley Republican Nay
Martha A Feltus Republican Yea
Mary A. A Morrissey Republican Nay
Matt E Walker Republican Nay
Michael "Mike" Southworth Republican Nay
Michael "Mike" Tagliavia Republican Nay
Michael Boutin Republican Nay
Michael J Marcotte Republican Nay
Michael R Morgan Republican Yea
Patricia A McCoy Republican Nay
Richard J Bailey Republican Nay
Richard M Nelson Republican Nay
Rob North Republican Nay
Sandra "Sandy" H Pinsonault Republican Nay
Thomas "Tom" F Charlton Republican Yea
Thomas B Burditt Republican Nay
Todd Nielsen Republican Nay
VL L Coffin IV Republican Nay
Wayne A Laroche Republican Nay
William P Canfield Republican Nay
Woodman H Page Republican Nay
Zachary J Harvey Republican Nay
Alicia Malay Republican/Democrat Nay
Ashley R Bartley Republican/Democrat Yea
Thomas Oliver Republican/Democrat Nay

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors H 849?
H 849 is sponsored by Martin J LaLonde (Democrat).
What is the current status of H 849?
This bill has been enacted into law. Introduced February 03, 2026. Enacted.
Where can I track H 849?
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