THIRTY-SIXTH LEGISLATURE OF THE U.S.
VIRGIN ISLANDS
COMMITTEE ON HOMELAND SECURITY, 
JUSTICE AND PUBLIC SAFETY
Chairman: The Honorable Clifford A. Joseph Sr.
Virgin Islands Police Department
St. Croix, USVI
June 5th, 2025
BILL NO. 36-0024 (Sponsored by: Senator Marvin A. Blyden)
Mr. Chairman, distinguished members of the Senate, thank you for the 
opportunity to testify today in this matter. I am Sean A. Santos, Acting Assistant 
Commissioner of Police of the Virgin Islands Police Department. On behalf of Police 
Commissioner Mario M. Brooks I submit this testimony in opposition of Bill No. 36-
0020, which seeks to amend Title 2 of the Virgin Islands Code, Chapter 1, Section 6,
by allowing the Police Chief of the Legislature; the Sergeant-of-Arms; or any security 
officer of the legislature; who has peace officer status, to arrest a person who neglects 
or refuses to appear before the Legislature in obedience to subpoena.  
While I recognize and support the Legislature’s authority to compel testimony 
and maintain order within its chambers, this bill raises serious legal, operational, and 
public safety concerns. 
We respectfully urge that this legislation not be approved, based on the 
following rationale: Across the United States, it is exceedingly rare for legislative 
police personnel to possess unilateral arrest powers in subpoena enforcement. Most 
state legislatures, and even the U.S. Congress, rely on judicial or executive branch 
agencies, such as the courts or local/state law enforcement, to enforce subpoenas and 
manage contempt proceedings.
         For example, in California, Texas, New York, and Florida, enforcement of 
legislative subpoenas requires court involvement and due process protections. This 
maintains separation of powers and ensures individuals have the right to contest a 
subpoena before facing detention.
         The Congressional Research Service (CRS) notes that while Congress has the 
inherent authority to enforce subpoenas however criminal contempt proceedings are 
referred to the Department of Justice, and civil enforcement occurs through the courts
not through Capitol Police action.
                     Potential for Abuse and Politicization
Granting legislative officers arrest power over subpoena noncompliance opens the 
door to political retaliation, selective enforcement, or suppression of dissent. Even 
the appearance of political motivation in enforcing legislative subpoenas undermines 
public trust in democratic institutions. Enforcement of subpoenas should remain 
neutral and detached from legislative politics. Allowing legislative appointees to 
execute arrests risks politicizing what should be a strictly judicial or administrative 
function.
Alternative Legal Remedies Exist
The Virgin Islands Legislature already possesses legal tools to address subpoena 
noncompliance:
o
The matter may be referred to the Attorney General for criminal 
contempt proceedings.
o
A court may issue a bench warrant for the individual’s arrest following 
a due process hearing.
o
These mechanisms preserve the constitutional separation of powers
while ensuring enforceability.
                    Impact on Community-Legislature Relations
Authorizing legislative officers to perform arrests could have a chilling effect on civic 
engagement, especially in our local community, who in most cases are already wary 
of government overreach. The perception of legislative intimidation could discourage 
residents, both white and blue collar, from participating in hearings, providing 
testimony, or attending meetings ultimately weakening transparency and democratic 
governance.
                                              Conclusion
In closing, while we acknowledge the Legislature’s vital oversight role, the 
proposed bill introduces unnecessary risks, lacks national precedent, and raises 
serious legal and civil rights concerns. It would be more prudent to reinforce 
existing subpoena enforcement procedures through judicial or law enforcement 
partnerships ensuring public accountability, due process, and institutional integrity.
I urge this body to consider these risks and vote against the passage of Bill No. 
36-0020. Thank you for your time and consideration. We will remain on standby to 
welcome any questions from the committee.