Vermont 2025-2026 Regular Session

Vermont House Bill H0409 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.409
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5	5	VT LEG #380416 v.1
6	6	H.409 1
7	7	Introduced by Representative LaLonde of South Burlington 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Crimes; bail and recognizances; bail revocation 5
11	11	Statement of purpose of bill as introduced: This bill proposes to develop the 6
12	12	procedure to follow to revoke a defendant’s bail or conditions of release. 7
13	13	Specifically, the bill proposes to align the procedure and terminology of the 8
14	14	bail revocation statute in accordance with State v. Sauve, 159 Vt. 566 (1993) 9
15	15	and its progeny. 10
16	16	An act relating to the procedures for bail revocation 11
17	17	It is hereby enacted by the General Assembly of the State of Vermont: 12
18	18	Sec. 1. INTENT 13
19	19	It is the intent of the General Assembly that its bail revocation statute is 14
20	20	consistent with State v. Sauve, 159 Vt. 566 (1993); State v. Gates, 2016 VT 36; 15
21	21	and their progeny so that repeated failures to appear in court, repeated 16
22	22	violations of conditions of release, and other violations of court orders 17
23	23	constitute a compelling State interest that falls within the statutory definition of 18
24	24	“disrupts the prosecution.” 19 BILL AS INTRODUCED H.409
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28	28	VT LEG #380416 v.1
29	29	Sec. 2. 13 V.S.A. § 7575 is amended to read: 1
30	30	§ 7575. REVOCATION OF THE RIGHT TO BAIL 2
31	31	(a) Revocation bases. The right to bail may be revoked entirely if the 3
32	32	judicial officer finds that the accused defendant has: 4
33	33	(1) intimidated or harassed a victim, potential witness, juror, or judicial 5
34	34	officer in violation of a condition of release; or 6
35	35	(2) repeatedly violated conditions of release in a manner that impedes 7
36	36	disrupts the prosecution of the accused; or 8
37	37	(3) violated a condition or conditions of release that constitute a threat to 9
38	38	the integrity of the judicial system; or 10
39	39	(4) without just cause, failed to appear at a specified time and place 11
40	40	ordered by a judicial officer; or 12
41	41	(5) in violation of a condition of release, been charged with a felony or a 13
42	42	crime against a person or an offense similar to the underlying charge, for 14
43	43	which, after hearing, probable cause is found. 15
44	44	(b) Procedure. 16
45	45	(1) At any time during which a defendant is released prior to trial 17
46	46	pursuant to section 7554 of this title, a prosecutor may move, or the court on its 18
47	47	own motion, to revoke bail based on the conduct identified in subsection (a) of 19
48	48	this section. 20 BILL AS INTRODUCED H.409
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53	53	(2)(A) The State shall have the burden of proving by a preponderance of 1
54	54	the evidence that the accused engaged in the conduct identified in subsection 2
55	55	(a) of this section. 3
56	56	(B) Any evidence presented may be shown through affidavits or 4
57	57	sworn statements, provided the defendant has the opportunity to present direct 5
58	58	evidence at a hearing. 6
59	59	(3) Notwithstanding Rule 3 of the Vermont Rules of Criminal 7
60	60	Procedure, after issuance of an order revoking bail pursuant to subsection (c) 8
61	61	of this section, a law enforcement officer may arrest the person subject to the 9
62	62	order without a warrant. 10
63	63	(4) The prosecutor or the defendant may move, or the court upon its 11
64	64	own motion, to review a bail revocation order issued pursuant to subsection (c) 12
65	65	of this section. Any review shall be scheduled at the discretion of the court. 13
66	66	(5) After issuance of a bail revocation order pursuant to subsection (c) 14
67	67	of this section or disposition of a request to review the order pursuant to 15
68	68	subdivision (b)(4) of this section, the prosecutor may move to forfeit any bail 16
69	69	or bond in accordance with section 7560a of this title. 17
70	70	(c) Orders. 18
71	71	(1) After notice to the defendant and a hearing, the court may issue an 19
72	72	order revoking bail only upon a finding that a legitimate and compelling State 20
73	73	interest exists to revoke bail. 21 BILL AS INTRODUCED H.409
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78	78	(2) In any order revoking bail, the court shall make a specific finding 1
79	79	that the State met its burden pursuant to subdivision (b)(2) of this section. 2
80	80	(d) Speedy trial. 3
81	81	(1) Once the court issues an order revoking bail, the court shall set the 4
82	82	defendant’s case for trial not more than 60 days from the date of revocation. 5
83	83	(2) If the trial is not commenced within 60 days following revocation 6
84	84	and the delay is not attributable to the defense, the court shall immediately 7
85	85	schedule a bail hearing in accordance with section 7554 of this title. 8
86	86	Sec. 3. 13 V.S.A. § 7576 is amended to read: 9
87	87	§ 7576. DEFINITIONS 10
88	88	As used in this chapter: 11
89	89	* * * 12
90	90	(4) “Disrupt the prosecution” means, in addition to any other meaning 13
91	91	recognized by law, committing a criminal offense or violating a condition of 14
92	92	release by a defendant who has been released pending trial for another offense 15
93	93	and demonstrates that there is no condition or combination of conditions of 16
94	94	release that will reasonably mitigate the defendant’s risk of flight from 17
95	95	prosecution, reasonably mitigate the defendant’s risk to public safety, or 18
96	96	reasonably ensure the defendant’s compliance with court orders and 19
97	97	appearances. 20 BILL AS INTRODUCED H.409
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102	102	(5) “Needs screening” means a preliminary systematic procedure to 1
103	103	evaluate the likelihood that an individual has a substance abuse or a mental 2
104	104	health condition. 3
105	105	(5)(6) “Risk assessment” means a pretrial assessment that is designed to 4
106	106	be predictive of a person’s failure to appear in court and risk of violating 5
107	107	pretrial conditions of release with a new alleged offense. 6
108	108	(6)(7) “Secured appearance bond” means a written agreement which that 7
109	109	allows a person charged with a criminal offense to be released if: 8
110	110	(A) the person pledges to pay the court a specified amount in the 9
111	111	event that the person fails to appear at a court proceeding; and 10
112	112	(B) a portion of the bond is paid to the court prior to release. 11
113	113	(7)(8) “Surety” means: 12
114	114	(A) a person who agrees to be responsible for guaranteeing the 13
115	115	appearance in court of a person charged with a criminal offense; or 14
116	116	(B) a person who agrees to be responsible for guaranteeing that 15
117	117	another person complies with the conditions of a peace bond under section 16
118	118	7573 of this title. 17
119	119	(8)(9) “Surety bond” means a written agreement, in a form established 18
120	120	by the Court Administrator, under which a surety guarantees the appearance in 19
121	121	court of a person charged with a criminal offense, and pledges to pay the court 20
122	122	a specified amount if the person fails to appear. 21 BILL AS INTRODUCED H.409
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127	127	(9)(10) “Flight from prosecution” means any action or behavior 1
128	128	undertaken by a person charged with a criminal offense to avoid court 2
129	129	proceedings. 3
130	130	Sec. 4. EFFECTIVE DATE 4
131	131	This act shall take effect on July 1, 2025. 5