Legislation providing $150,000 in death benefits to the families of public safety officers killed in the line of duty advanced Monday, but not without objections from lawmakers who argued that the proposed Virgin Islands Heroes Act should also protect frontline firefighters and other emergency personnel.
Bill 36-0345, sponsored by Senator Milton Potter, was considered by the Senate Committee on Government Operations, Veterans Affairs and Consumer Protection. It would establish financial, educational and health insurance benefits for eligible officers and their families following a line-of-duty death or catastrophic injury.
The proposal covers police officers, correctional officers, probation and parole officers, marshals and other personnel who qualify as peace officers under the Virgin Islands Code. However, its definition of public safety officer does not expressly include frontline firefighters or emergency medical technicians, prompting calls for broader eligibility.
Mr. Potter said the legislation recognizes the risks law enforcement personnel face in performing their duties and the financial difficulties their families may experience following a serious injury or death.
“We ask all these officers to run towards danger when everyone else is instinctively running away from it. In return, their families should not be left to wonder whether the government they served will stand behind them,” he said.
Under the proposed law, a $150,000 death benefit would become payable after the attorney general determines that an officer was killed in the line of duty and certifies that finding to the governor.
Officers who suffer catastrophic injuries would receive a $75,000 lump-sum payment. Qualifying injuries include the loss of sight or hearing, loss of limbs, paralysis, severe cognitive impairment, major burns and coma.
If an officer dies from a qualifying catastrophic injury within five years, designated beneficiaries would receive an additional $75,000.
The legislation also provides tuition and mandatory fees at the University of the Virgin Islands for eligible surviving spouses and children for up to eight semesters. It includes provisions for continued health insurance coverage and would establish a dedicated Public Safety Officer's Benefit Revolving Fund, with annual financial reporting to the Legislature.
Firefighters' Exclusion Draws Objections
Although the bill received broad support for its purpose, lawmakers questioned why certain categories of emergency responders would not qualify.
Timothy Perry, criminal chief for the St. Thomas–St. John District at the Department of Justice, supported the legislation but recommended expanding its definition of public safety officer.
He explained that the existing definition of peace officer could extend benefits to certain fire service officials without covering firefighters who perform fire suppression duties.
According to Mr. Perry, the bill would “protect the director, the fire marshal, the fire inspector, and deputy fire inspectors, not necessarily the firemen or firewoman.”
An amendment to the measure removed references to fire suppression and emergency medical services personnel, further focusing the proposal on law enforcement-related positions.
Mr. Perry suggested considering firefighters and potentially prosecutors, who are included in public safety benefit programs in some jurisdictions.
He also recommended expanding the definition of catastrophic injury to include injuries resulting from intentional criminal conduct against public safety officers.
Additionally, Mr. Perry asked lawmakers to consider making the legislation retroactive for five years to recognize fallen officers, including Detective Delberth Phipps Jr., who was killed in the line of duty in 2023.
Dwayne Richards, the Virgin Islands Police Department's director of human resources, supported the proposal, saying it recognizes the government's continuing responsibility to officers and their families following serious injuries or deaths.
Their loved ones served the Virgin Islands, Mr. Richards said, “and their sacrifices deserve more than ceremonial recognition.”
Senator Avery Lewis warned that excluding certain frontline personnel could “create some kind of contention in the community.”
He questioned whether lawmakers should amend the existing statutory definition of peace officer or broaden the eligibility language directly within the Heroes Act.
Senator Clifford Joseph was particularly firm in his opposition to excluding firefighters.
“I can't support this bill without firefighters being part of the actual being part of the bill,” he stated.
Senator Franklin Johnson also urged lawmakers to revisit the eligibility provisions before the measure advances further.
“I think we still need to go back to the drawing board to broaden it. It's going to be a costly endeavor, but if we truly say we want to protect and make sure that our people who are in the line of peace officer status is covered, it needs to be strengthened for sure,” he said.
Potter Defends Narrower Approach
Mr. Potter acknowledged that other government employees, including firefighters, teachers and social workers, regularly encounter dangerous situations in the performance of their duties.
However, he urged lawmakers to consider beginning with a narrower group of law enforcement personnel before expanding the program, citing the potential financial obligations that broader eligibility would create.
He suggested that future legislation could extend coverage to additional categories of public employees.
“I just would hate, for at the end of the day, for us to just not end with legislation that could provide some protection to our law enforcement personnel because we're looking for perfection,” Mr. Potter said.
Senator Kenneth Gittens suggested that lawmakers first establish whether the legislation is intended specifically for law enforcement or for the broader public safety workforce.
“I do believe that we need to determine whether or not it is for law enforcement officers or for public safety personnel. And if it's for public safety personnel. Then we need to simply clarify that,” he said.
Personnel Division Seeks Changes to Insurance Benefits
The Division of Personnel also recommended changes to the legislation, particularly its health insurance and educational benefit provisions.
Division Director Cindy Richardson explained that the government's responsibility for continued health insurance coverage would be limited to the employer-paid portion of premiums.
She also requested that references to catastrophically injured officers be removed from the continued health insurance provision.
The division raised additional questions about inconsistent age limits for educational benefits, the administration of the program and the authority to establish implementing regulations.
Ms. Richardson suggested that the Division of Personnel might not be the appropriate agency to administer the program if lawmakers significantly broaden its scope.
Following the committee's favorable vote, the Virgin Islands Heroes Act advances to the Committee on Rules and Judiciary, where the eligibility provisions and proposed administrative changes can receive further consideration.
