In a session held Wednesday, the Homeland Security, Justice, and Public Safety Committee considered multiple measures impacting law enforcement authority, community protections, and individual rights. Items approved by the committee, chaired by Sen. Clifford A. Joseph Sr. will advance to the Committee on Rules and Judiciary for further action, according to a press release.
Lawmakers opened discussion on Bill No. 36-0020, which would authorize certain legislative security officers — including the police chief of the Legislature, the sergeant-at-arms, and peace officer-status security — to arrest individuals who defy legislative subpoenas. The bill, sponsored by Sen. Marvin A. Blyden, was met with strong objections from Sean Santos, acting assistant commissioner of the Virgin Islands Police Department.
Santos testified that granting arrest authority for subpoena enforcement to legislative officers raised “serious legal, operational, and public safety concerns.” He said this type of authority is uncommon in other U.S. jurisdictions, which typically rely on judicial or executive branches to enforce subpoenas.
“This could open the door to political retaliation, selective enforcement, or suppression of dissent,” Santos said, adding that the Legislature already has lawful recourse, such as referring noncompliance to the attorney general or requesting a court-issued bench warrant. The bill was held in committee at the call of the chair.
The committee then turned its attention to Bill No. 36-0027 — Jah’niqua’s Law, which would require convicted DUI offenders to pay restitution in the form of child maintenance if the victim is the parent or guardian of a minor. Sponsored by Sen. Kenneth L. Gittens, the bill was supported by multiple officials, the press release stated.
Daphne O’Neal, testifying on behalf of Police Commissioner Mario M. Brooks, cited rising crash data across the territory. In fiscal year 2023, the Virgin Islands recorded more than 5,000 crashes, with impaired driving responsible for multiple fatalities. Between FY 2020 and FY 2025, seven DUI-related deaths occurred in St. Croix, two in St. Thomas, and none in St. John. O’Neal said the bill would complement enforcement measures such as checkpoints and DUI patrols, the release stated.
Attorney General Gordon Rhea also supported the measure, referencing similar statutes in Missouri, Kentucky, Tennessee, and Texas. He reiterated that the territory’s current laws already penalize DUI offenses, but added that Jah’niqua’s Law would provide additional accountability. The bill was passed out of committee, the release stated.
Also receiving favorable votes was Bill No. 36-0057, sponsored by Sen. Alma Francis Heyliger, which would require automatic expungement of arrest records and complaints when an individual is acquitted, it said.
Santos endorsed the bill’s intent but warned that eligibility should exclude individuals with prior felony arrests or violent charges unless a separate court petition is filed. Julie Smith Todman, chief territorial public defender, strongly supported the bill, emphasizing the social consequences of non-conviction records, including employment and housing discrimination. She added that expungement can raise wages and reduce recidivism, the release stated.
However, Rhea voiced concern, noting that automatic expungement could result in the destruction of fingerprint and DNA evidence submitted to federal databases, such as CODIS. He said this could hamper law enforcement efforts and limit interagency information sharing, it said.
Lawmakers also considered Bill No. 36-0024, which clarifies that individuals in police custody are legally incapable of consenting to sexual activity. Sponsored by Sen. Ray Fonseca, the bill was supported by law enforcement officials and the Justice Department, though technical concerns were raised, the release stated.
St. Thomas/St. John District Police Chief Deborah Hodge supported the measure but asked that “Police Officer” be replaced with “Law Enforcement Officer” to cover all relevant personnel. She said the measure aligns with federal standards and closes a critical legal loophole, it said.
Todman took a neutral stance but raised questions about the interpretation of “custody,” warning that ambiguity in the language could lead to legal complications. Rhea noted that while the bill does not create a new criminal offense, it reinforces the inability to consent while in custody and would apply existing rape statutes. He also suggested adding a mandatory reporting mechanism for complaints against officers, the release stated.
The committee concluded with Bill No. 36-0031, also sponsored by Francis Heyliger, which would exempt public and private safety agencies from liability in 911 operations except in cases of gross negligence or willful misconduct, it said.
Ovid Williams of VITEMA explained that delays in communication due to network outages can hinder emergency response efforts. He supported the bill as a protective measure for emergency agencies during service interruptions. Rhea said similar protections exist in several U.S. states and endorsed the bill as sound public policy, urging careful consideration of its implications, it said.
Committee members present included Sens. Clifford A. Joseph Sr., Ray Fonseca, Angel L. Bolques Jr., Marvin A. Blyden, Dwayne M. DeGraff, Novelle E. Francis Jr., Alma Francis Heyliger, Kenneth L. Gittens, Franklin D. Johnson, and Avery L. Lewis.
