| 1 | 1 | | BILL AS INTRODUCED H.331 |
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| 2 | 2 | | 2025 Page 1 of 2 |
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| 5 | 5 | | VT LEG #379112 v.1 |
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| 6 | 6 | | H.331 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: Crimes and criminal procedure; victims; information concerning 5 |
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| 11 | 11 | | appeal or postconviction remedies 6 |
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| 12 | 12 | | Statement of purpose of bill as introduced: This bill proposes to require that a 7 |
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| 13 | 13 | | victim of a listed crime be permitted to offer comments at a defendant’s 8 |
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| 14 | 14 | | hearing regarding an appeal or postconviction remedy. 9 |
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| 15 | 15 | | An act relating to a victim’s right to be heard at an appeal or postconviction 10 |
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| 16 | 16 | | remedy hearing 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. 13 V.S.A. § 5315 is amended to read: 13 |
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| 19 | 19 | | § 5315. INFORMATION CONCERNING APPEAL OR POST- 14 |
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| 20 | 20 | | CONVICTION POSTCONVICTION REMEDIES 15 |
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| 21 | 21 | | (a) If the defendant appeals or pursues a post-conviction postconviction 16 |
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| 22 | 22 | | remedy, the prosecutor’s office shall promptly inform the victim of a listed 17 |
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| 23 | 23 | | crime of that fact, shall explain the significance of such a proceeding and shall 18 |
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| 24 | 24 | | promptly notify the victim of the date, time, and place of any hearing and of 19 |
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| 25 | 25 | | the decision. 20 BILL AS INTRODUCED H.331 |
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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 #379112 v.1 |
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| 30 | 30 | | (b) In cases related to a conviction for a listed crime, in accordance with 1 |
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| 31 | 31 | | court rules, at the hearing the court shall ask if the victim is present and, if so, 2 |
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| 32 | 32 | | whether the victim would like to be heard regarding the matter before the 3 |
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| 33 | 33 | | court. The court shall consider the statements offered at the hearing by the 4 |
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| 34 | 34 | | victim regarding the matter before the court. If the victim is not present, the 5 |
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| 35 | 35 | | court shall ask whether the victim has expressed, either orally or in writing, 6 |
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| 36 | 36 | | views regarding the matter before the court and shall take those views into 7 |
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| 37 | 37 | | consideration. 8 |
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| 38 | 38 | | Sec. 2. EFFECTIVE DATE 9 |
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| 39 | 39 | | This act shall take effect on July 1, 2025. 10 |
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