BILL AS INTRODUCED H.331
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VT LEG #379112 v.1
H.331 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Crimes and criminal procedure; victims; information concerning 5
appeal or postconviction remedies 6
Statement of purpose of bill as introduced: This bill proposes to require that a 7
victim of a listed crime be permitted to offer comments at a defendant’s 8
hearing regarding an appeal or postconviction remedy. 9
An act relating to a victim’s right to be heard at an appeal or postconviction 10
remedy hearing 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 13 V.S.A. § 5315 is amended to read: 13
§ 5315. INFORMATION CONCERNING APPEAL OR POST- 14
CONVICTION POSTCONVICTION REMEDIES 15
(a) If the defendant appeals or pursues a post-conviction postconviction 16
remedy, the prosecutor’s office shall promptly inform the victim of a listed 17
crime of that fact, shall explain the significance of such a proceeding and shall 18
promptly notify the victim of the date, time, and place of any hearing and of 19
the decision. 20 BILL AS INTRODUCED H.331
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VT LEG #379112 v.1
(b) In cases related to a conviction for a listed crime, in accordance with 1
court rules, at the hearing the court shall ask if the victim is present and, if so, 2
whether the victim would like to be heard regarding the matter before the 3
court. The court shall consider the statements offered at the hearing by the 4
victim regarding the matter before the court. If the victim is not present, the 5
court shall ask whether the victim has expressed, either orally or in writing, 6
views regarding the matter before the court and shall take those views into 7
consideration. 8
Sec. 2. EFFECTIVE DATE 9
This act shall take effect on July 1, 2025. 10