| 1 | 1 | | BILL AS INTRODUCED H.97 |
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| 2 | 2 | | 2025 Page 1 of 4 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #379637 v.1 |
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| 6 | 6 | | H.97 1 |
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| 7 | 7 | | Introduced by Representatives McCann of Montpelier, Arsenault of Williston, 2 |
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| 8 | 8 | | Austin of Colchester, Bishop of Colchester, Black of Essex, 3 |
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| 9 | 9 | | Bluemle of Burlington, Bos-Lun of Westminster, Burkhardt of 4 |
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| 10 | 10 | | South Burlington, Chapin of East Montpelier, Cole of Hartford, 5 |
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| 11 | 11 | | Dodge of Essex, Graning of Jericho, Headrick of Burlington, 6 |
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| 12 | 12 | | Logan of Burlington, Masland of Thetford, McGill of Bridport, 7 |
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| 13 | 13 | | Olson of Starksboro, Pouech of Hinesburg, Priestley of 8 |
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| 14 | 14 | | Bradford, Rachelson of Burlington, Scheu of Middlebury, 9 |
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| 15 | 15 | | Sibilia of Dover, Tomlinson of Winooski, Waszazak of Barre 10 |
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| 16 | 16 | | City, White of Waitsfield, and Wood of Waterbury 11 |
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| 17 | 17 | | Referred to Committee on 12 |
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| 18 | 18 | | Date: 13 |
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| 19 | 19 | | Subject: Crimes; possession of firearms and deadly weapons in schools and 14 |
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| 20 | 20 | | childcare centers 15 |
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| 21 | 21 | | Statement of purpose of bill as introduced: This bill proposes to prohibit 16 |
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| 22 | 22 | | firearms and deadly weapons in schools, on school property, and at childcare 17 |
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| 23 | 23 | | centers, except by law enforcement officers or with the approval of the school 18 |
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| 24 | 24 | | board, superintendent, or principal, and except by a person at a childcare 19 |
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| 25 | 25 | | facility located in the person’s residence. 20 BILL AS INTRODUCED H.97 |
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| 26 | 26 | | 2025 Page 2 of 4 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #379637 v.1 |
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| 30 | 30 | | An act relating to prohibiting firearms and deadly weapons in schools, on 1 |
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| 31 | 31 | | school property, and at childcare centers 2 |
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| 32 | 32 | | It is hereby enacted by the General Assembly of the State of Vermont: 3 |
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| 33 | 33 | | Sec. 1. 13 V.S.A. § 4004 is amended to read: 4 |
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| 34 | 34 | | § 4004. POSSESSION OF DANGEROUS OR DEADLY WEAPON IN A 5 |
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| 35 | 35 | | SCHOOL BUS OR SCHOOL BUILDING OR ON SCHOOL 6 |
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| 36 | 36 | | PROPERTY 7 |
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| 37 | 37 | | (a) No person shall knowingly possess a firearm or a dangerous or deadly 8 |
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| 38 | 38 | | weapon while within a school building or, on a school bus, or on any school 9 |
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| 39 | 39 | | property. A person who violates this section shall, for the first offense, be 10 |
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| 40 | 40 | | imprisoned for not more than one year or fined not more than $1,000.00, or 11 |
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| 41 | 41 | | both, and for a second or subsequent offense shall be imprisoned for not more 12 |
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| 42 | 42 | | than three years or fined not more than $5,000.00, or both. 13 |
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| 43 | 43 | | (b) No person shall knowingly possess a firearm or a dangerous or deadly 14 |
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| 44 | 44 | | weapon on any school property with the intent to injure another person. A 15 |
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| 45 | 45 | | person who violates this section shall, for the first offense, be imprisoned for 16 |
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| 46 | 46 | | not more than three years or fined not more than $1,000.00, or both, and for a 17 |
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| 47 | 47 | | second or subsequent offense shall be imprisoned for not more than five years 18 |
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| 48 | 48 | | or fined not more than $5,000.00, or both. [Repealed.] 19 |
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| 49 | 49 | | (c) This section shall not apply to: 20 |
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| 50 | 50 | | (1) A law enforcement officer while engaged in law enforcement duties. 21 BILL AS INTRODUCED H.97 |
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| 51 | 51 | | 2025 Page 3 of 4 |
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| 52 | 52 | | |
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| 53 | 53 | | |
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| 54 | 54 | | VT LEG #379637 v.1 |
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| 55 | 55 | | (2) Possession and use of firearms or dangerous or deadly weapons if 1 |
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| 56 | 56 | | the board of school directors, or the superintendent or principal if delegated 2 |
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| 57 | 57 | | authority to do so by the board, authorizes possession or use for specific 3 |
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| 58 | 58 | | occasions or for instructional or other specific purposes. 4 |
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| 59 | 59 | | (3) Possession and use of firearms or dangerous or deadly weapons by a 5 |
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| 60 | 60 | | person at a childcare facility that is located in the person’s residence. 6 |
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| 61 | 61 | | (d) As used in this section: 7 |
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| 62 | 62 | | (1) “School property” means any property owned by a school, including 8 |
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| 63 | 63 | | motor vehicles. 9 |
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| 64 | 64 | | (2) “Owned by the school” means owned, leased, controlled, or 10 |
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| 65 | 65 | | subcontracted by the school. 11 |
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| 66 | 66 | | (3) “Dangerous or deadly weapon” shall have has the same meaning as 12 |
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| 67 | 67 | | in section 4016 of this title. 13 |
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| 68 | 68 | | (4) “Firearm” shall have has the same meaning as in section 4016 of this 14 |
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| 69 | 69 | | title. 15 |
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| 70 | 70 | | (5) “Law enforcement officer” shall have has the same meaning as in 16 |
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| 71 | 71 | | section 4016 of this title. 17 |
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| 72 | 72 | | (6) “School” includes: 18 |
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| 73 | 73 | | (A) a prequalified private prekindergarten provider as defined in 19 |
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| 74 | 74 | | 16 V.S.A. § 829; and 20 |
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| 75 | 75 | | (B) a childcare facility as defined in 33 V.S.A. § 511. 21 BILL AS INTRODUCED H.97 |
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| 76 | 76 | | 2025 Page 4 of 4 |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | VT LEG #379637 v.1 |
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| 80 | 80 | | (e) The provisions of this section shall not limit or restrict any prosecution 1 |
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| 81 | 81 | | for any other offense, including simple assault or aggravated assault. 2 |
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| 82 | 82 | | Sec. 2. EFFECTIVE DATE 3 |
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| 83 | 83 | | This act shall take effect on passage. 4 |
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