| 1 | 1 | | BILL AS INTRODUCED H.299 |
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| 2 | 2 | | 2025 Page 1 of 2 |
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| 4 | 4 | | |
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| 5 | 5 | | VT LEG #380968 v.1 |
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| 6 | 6 | | H.299 1 |
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| 7 | 7 | | Introduced by Representative Rachelson of Burlington 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Human services; juveniles; general provisions; jurisdiction; transfer to 5 |
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| 11 | 11 | | criminal court 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to prohibit 7 |
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| 13 | 13 | | transferring a Family Division case to the Criminal Division if the person 8 |
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| 14 | 14 | | subject to the petition was a victim of human trafficking. 9 |
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| 15 | 15 | | An act relating to prohibiting the transfer of Family Court cases to criminal 10 |
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| 16 | 16 | | court when the offender is a victim of human trafficking 11 |
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| 17 | 17 | | It is hereby enacted by the General Assembly of the State of Vermont: 12 |
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| 18 | 18 | | Sec. 1. 33 V.S.A. § 5103 is amended to read: 13 |
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| 19 | 19 | | § 5103. JURISDICTION 14 |
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| 20 | 20 | | (a) The Family Division of the Superior Court shall have exclusive 15 |
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| 21 | 21 | | jurisdiction over all proceedings concerning a child who is or who is alleged to 16 |
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| 22 | 22 | | be a delinquent child or a child in need of care or supervision brought under 17 |
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| 23 | 23 | | the authority of the juvenile judicial proceedings chapters, except as otherwise 18 |
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| 24 | 24 | | provided in such chapters. 19 |
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| 25 | 25 | | * * * 20 BILL AS INTRODUCED H.299 |
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| 26 | 26 | | 2025 Page 2 of 2 |
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| 28 | 28 | | |
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| 29 | 29 | | VT LEG #380968 v.1 |
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| 30 | 30 | | (e)(1) Notwithstanding any law to the contrary, the Family Division shall 1 |
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| 31 | 31 | | retain jurisdiction over a child or youth subject to a petition when the court 2 |
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| 32 | 32 | | finds by clear and convincing evidence that the child or youth is the victim of: 3 |
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| 33 | 33 | | (A) human trafficking or aggravated human trafficking as defined in 4 |
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| 34 | 34 | | 13 V.S.A. § 2652 or 2653; 5 |
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| 35 | 35 | | (B) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2); 6 |
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| 36 | 36 | | (C) aggravated sexual assault as defined in 13 V.S.A. § 3253; or 7 |
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| 37 | 37 | | (D) aggravated sexual assault of a child as defined in 13 V.S.A. 8 |
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| 38 | 38 | | § 3253a. 9 |
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| 39 | 39 | | (2) The court may hold an evidentiary hearing to determine whether the 10 |
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| 40 | 40 | | child or youth is the victim of the crimes listed in subdivision (1) of this 11 |
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| 41 | 41 | | subsection. 12 |
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| 42 | 42 | | Sec. 2. EFFECTIVE DATE 13 |
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| 43 | 43 | | This act shall take effect on July 1, 2025. 14 |
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