| 1 | 1 | | BILL AS INTRODUCED H.255 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380880 v.1 |
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| 6 | 6 | | H.255 1 |
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| 7 | 7 | | Introduced by Representatives Krasnow of South Burlington, Arsenault of 2 |
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| 8 | 8 | | Williston, Austin of Colchester, Burkhardt of South Burlington, 3 |
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| 9 | 9 | | Duke of Burlington, Hooper of Burlington, Kleppner of 4 |
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| 10 | 10 | | Burlington, Labor of Morgan, Lalley of Shelburne, Logan of 5 |
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| 11 | 11 | | Burlington, Minier of South Burlington, Pouech of Hinesburg, 6 |
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| 12 | 12 | | Sweeney of Shelburne, and Wells of Brownington 7 |
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| 13 | 13 | | Referred to Committee on 8 |
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| 14 | 14 | | Date: 9 |
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| 15 | 15 | | Subject: Crimes; assault of protected professionals; public transit workers 10 |
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| 16 | 16 | | Statement of purpose of bill as introduced: This bill proposes to establish 11 |
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| 17 | 17 | | increased criminal penalties when a public transit worker is the victim of an 12 |
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| 18 | 18 | | assault. 13 |
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| 19 | 19 | | An act relating to establishing increased criminal penalties for an assault of 14 |
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| 20 | 20 | | a public transit worker 15 |
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| 21 | 21 | | It is hereby enacted by the General Assembly of the State of Vermont: 16 |
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| 22 | 22 | | Sec. 1. 13 V.S.A. § 1028 is amended to read: 17 |
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| 23 | 23 | | § 1028. ASSAULT OF PROTECTED PROFESSIONAL; ASSAULT WITH 18 |
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| 24 | 24 | | BODILY FLUIDS 19 BILL AS INTRODUCED H.255 |
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| 25 | 25 | | 2025 Page 2 of 3 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | VT LEG #380880 v.1 |
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| 29 | 29 | | (a) A person convicted of a simple or aggravated assault against a protected 1 |
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| 30 | 30 | | professional as defined in subdivision (d)(1) of this section while the protected 2 |
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| 31 | 31 | | professional is performing a lawful duty, or with the intent to prevent the 3 |
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| 32 | 32 | | protected professional from performing his or her the protected professional’s 4 |
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| 33 | 33 | | lawful duty, in addition to any other penalties imposed under sections 1023 and 5 |
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| 34 | 34 | | 1024 of this title, shall: 6 |
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| 35 | 35 | | (1) for the first offense, be imprisoned not more than one year; and 7 |
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| 36 | 36 | | (2) for the second offense and subsequent offenses, be imprisoned not 8 |
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| 37 | 37 | | more than 10 years. 9 |
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| 38 | 38 | | (b)(1) No person shall intentionally cause blood, vomitus, excrement, 10 |
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| 39 | 39 | | mucus, saliva, semen, or urine to come in contact with a protected professional 11 |
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| 40 | 40 | | while the person is performing a lawful duty. 12 |
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| 41 | 41 | | (2) A person who violates this subsection shall be imprisoned not more 13 |
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| 42 | 42 | | than one year or fined not more than $1,000.00, or both. 14 |
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| 43 | 43 | | (c) In imposing a sentence under this section, the court shall take into 15 |
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| 44 | 44 | | consideration whether the defendant was a patient at the time of the offense 16 |
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| 45 | 45 | | and had a psychiatric illness, the symptoms of which were exacerbated by the 17 |
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| 46 | 46 | | surrounding circumstances, irrespective of whether the illness constituted an 18 |
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| 47 | 47 | | affirmative defense to the charge. 19 |
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| 48 | 48 | | (d) As used in this section: 20 BILL AS INTRODUCED H.255 |
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| 49 | 49 | | 2025 Page 3 of 3 |
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| 51 | 51 | | |
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| 52 | 52 | | VT LEG #380880 v.1 |
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| 53 | 53 | | (1) “Protected professional” shall mean means a law enforcement 1 |
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| 54 | 54 | | officer; a firefighter; a health care worker; an employee, contractor, or grantee 2 |
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| 55 | 55 | | of the Department for Children and Families; a public transit worker; or any 3 |
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| 56 | 56 | | emergency medical personnel as defined in 24 V.S.A. § 2651(6). 4 |
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| 57 | 57 | | (2) “Health care facility” shall have has the same meaning as defined in 5 |
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| 58 | 58 | | 18 V.S.A. § 9432(8). 6 |
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| 59 | 59 | | (3) “Health care worker” means an employee of a health care facility or 7 |
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| 60 | 60 | | a licensed physician who is on the medical staff of a health care facility who 8 |
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| 61 | 61 | | provides direct care to patients or who is part of a team-response to a patient or 9 |
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| 62 | 62 | | visitor incident involving real or potential violence. 10 |
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| 63 | 63 | | (4) “Public transit worker” means: 11 |
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| 64 | 64 | | (A) a driver providing public transit as an employee or a volunteer; or 12 |
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| 65 | 65 | | (B) an employee supporting public transit riders at a transit center. 13 |
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| 66 | 66 | | (e) This section shall not apply to an individual under 18 years of age 14 |
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| 67 | 67 | | residing in a residential rehabilitation facility. 15 |
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| 68 | 68 | | Sec. 2. EFFECTIVE DATE 16 |
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| 69 | 69 | | This act shall take effect on passage. 17 |
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