BILL AS INTRODUCED H.411
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H.411 1
Introduced by Representatives McCoy of Poultney, Burditt of West Rutland, 2
Goslant of Northfield, Harvey of Castleton, Malay of Pittsford, 3
and Oliver of Sheldon 4
Referred to Committee on 5
Date: 6
Subject: Crimes and criminal procedure 7
Statement of purpose of bill as introduced: This bill proposes to provide 8
additional time for the administration of extradition warrants; to expedite the 9
extradition of persons who have broken the terms of bail, probation, parole, or 10
other release in another state; to prohibit a court from suspending the sentence 11
of a high-risk sex offender who has failed to comply with Sex Offender 12
Registry requirements; to restrict the use of alternative sentences for repeat 13
offenders or offenders who have violated the terms of probation or furlough 14
unless the court makes written findings on the record as to the compelling 15
reasons why the sentence will serve the interests of justice and protect the 16
public; to prohibit a court from reducing the sentence for a listed crime if the 17
defendant has a prior conviction for a listed crime; to outline the procedure to 18
revoke bail and define the term of “disrupts the prosecution” within one of the 19
statutory bases to revoke bail; to transition from a complex system of sealing 20
and expungement of certain criminal history records for which sentences have 21 BILL AS INTRODUCED H.411
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been completed to one of sealing in most instances, with an expanded list of 1
qualifying crimes, and limited access to sealed records for certain entities that 2
require such records for criminal justice purposes and licensing; to amend the 3
statutory term of “recidivism” to adjust how recidivism is measured and create 4
new measures of criminal behavior; to increase the number of Big 14 offenses 5
that commence in the Criminal Division of the Superior Court rather than the 6
Family Division when committed by a juvenile; to repeal the Raise the Age 7
initiative for 19-year-old offenders; transfer jurisdiction over youthful offender 8
proceedings from the Family Division to the Criminal Division; and to repeal 9
prospective changes to law that would prohibit the use of Department of 10
Corrections’ facilities for lodging public inebriates. 11
An act relating to public safety 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
* * * Extradition * * * 14
Sec. 1. 13 V.S.A. § 4955 is amended to read: 15
§ 4955. COMMITMENT TO AWAIT EXTRADITION; BAIL 16
If upon examination it appears that the person held is the person charged 17
with having committed the crime alleged and that the person probably 18
committed the crime, and, except in cases arising under section 4946 of this 19
title, that the person has fled from justice, the judge or magistrate shall commit 20 BILL AS INTRODUCED H.411
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the person to jail by a warrant, reciting the accusation, for such a time, not 1
exceeding 30 120 days, to be specified in the warrant as will enable the arrest 2
of the accused to be made under a warrant of the Governor on a requisition of 3
the executive authority of the state having jurisdiction of the offense, unless the 4
accused give bail as provided in section 4956 of this title, or until the person 5
shall be legally discharged. On request of the state, the hearing may be 6
continued for up to three working business days, only for the purpose of 7
determining whether the person probably committed the crime. Findings under 8
this section may be based upon hearsay evidence or upon copies of affidavits, 9
whether certified or not, made outside this State. It shall be sufficient for a 10
finding that a person probably committed the crime that there is a current grand 11
jury indictment from another state. 12
Sec. 2. 13 V.S.A. § 4967 is amended to read: 13
§ 4967. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS 14
(a) Any person arrested in this State charged with having committed any 15
crime in another state or alleged to have escaped from confinement, or broken 16
the terms of his or her bail, probation, or parole may waive the issuance and 17
service of the warrant provided for in sections 4947 and 4948 of this title and 18
all other procedure incidental to extradition proceedings, by executing or 19
subscribing in the presence of a judge of any court of record within this State a 20
writing that states that he or she the person consents to return to the demanding 21 BILL AS INTRODUCED H.411
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state; provided however, before such the waiver shall be is executed or 1
subscribed by such the person it shall be the duty of such, the judge to shall 2
inform such the person of his or her the rights right to the issuance and service 3
of a warrant of extradition and to obtain a writ of habeas corpus as provided for 4
in section 4950 of this title. 5
(b) If and when such consent has been duly executed, it shall forthwith be 6
forwarded to the office of the Governor of this State and filed therein. The 7
judge shall direct the officer having such person in custody to deliver forthwith 8
such person to the duly accredited agent or agents of the demanding state, and 9
shall deliver or cause to be delivered to such agent or agents a copy of such 10
consent; provided however, that nothing in this section shall be deemed to limit 11
the rights of the accused person to return voluntarily and without formality to 12
the demanding state, nor shall this waiver procedure be deemed to be an 13
exclusive procedure or to limit the powers, rights or duties of the officers of the 14
demanding state or of this State. 15
(c) Notwithstanding any other provision of law, a law enforcement agency 16
in this State holding a person who is alleged to have broken the terms of the 17
person’s probation, parole, bail, or any other release in the demanding state 18
shall immediately deliver that person to the duly authorized agent of the 19
demanding state without the requirement of a Governor’s warrant if all of the 20
following apply: 21 BILL AS INTRODUCED H.411
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(1) The person has signed a prior waiver of extradition as a term of the 1
person’s current probation, parole, bail, or other release in the demanding state. 2
(2) The law enforcement agency holding the person has received an 3
authenticated copy of the prior waiver of extradition signed by the person and 4
photographs or fingerprints or other evidence properly identifying the person 5
as the person who signed the waiver. 6
(3) Except as the State’s Attorney shall otherwise determine in the 7
interest of justice, all open criminal charges in this State have been disposed of 8
through trial and sentencing. 9
Sec. 3. 13 V.S.A. § 5043 is amended to read: 10
§ 5043. HEARING, COMMITMENT, DISCHARGE 11
(a) If an arrest is made in this State by an officer of another state in 12
accordance with the provisions of section 5042 of this title, he or she shall the 13
officer, without unnecessary delay, shall take the person arrested before a 14
Superior judge of the unit in which the arrest was made, who shall conduct a 15
hearing for the purpose of determining the lawfulness of the arrest. 16
(b) If the judge determines that the arrest was lawful, he or she the judge 17
shall commit the person arrested to await for a reasonable time the issuance 18
within 120 days of an extradition warrant by the Governor of this State or 19
admit such person to bail pending the issuance of such warrant. The judge 20
shall consider the issuance of a judicial warrant for the arrest of the person who 21 BILL AS INTRODUCED H.411
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has fled justice to Vermont from another state when determining the risk of 1
flight from prosecution. 2
(c) If the judge determines that the arrest was unlawful, he or she the judge 3
shall discharge the person arrested. 4
* * * Sentencing * * * 5
Sec. 4. 13 V.S.A. § 5411d is amended to read: 6
§ 5411d. DESIGNATION OF NONCOMPLIANT HIGH -RISK SEX 7
OFFENDER 8
* * * 9
(g)(1) A noncompliant high-risk sex offender who knowingly fails to 10
comply with any of the Registry requirements under this section shall be 11
imprisoned for not less than five years and a maximum term of life and, in 12
addition, may be fined not more than $50,000.00. A sentence may be 13
suspended in whole or in part, or the The person may be eligible for parole or 14
release on conditional reentry or furlough, provided the person is subject to 15
intensive supervision by the Department of Corrections. 16
(2) In a criminal proceeding for violating any of the Registry 17
requirements under this section, a defendant shall be prohibited from 18
challenging his or her the defendant’s status as a noncompliant high-risk sex 19
offender. 20 BILL AS INTRODUCED H.411
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Sec. 5. 13 V.S.A. § 7031 is amended to read: 1
§ 7031. FORM OF SENTENCES; MAXIMUM AND MINIMUM TERMS 2
(a) When a respondent is sentenced to any term of imprisonment, other 3
than for life, the court imposing the sentence shall not fix the term of 4
imprisonment, unless the term is definitely fixed by statute, but shall establish 5
a maximum and may establish a minimum term for which the respondent may 6
be held in imprisonment. The maximum term shall not be more than the 7
longest term fixed by law for the offense of which the respondent is convicted, 8
and the minimum term shall be not less than the shortest term fixed by law for 9
the offense. If the court suspends a portion of the sentence, the unsuspended 10
portion of the sentence shall be the minimum term of sentence solely for the 11
purpose of any reductions of term for good behavior as set forth in 28 V.S.A. 12
§ 811. A sentence shall not be considered fixed as long as the maximum and 13
minimum terms are not identical. 14
(b) The sentence of imprisonment of any person convicted of an offense 15
shall commence to run from the date on which the person is received at the 16
correctional facility for service of the sentence. The court shall give the person 17
credit toward service of his or her the person’s sentence for any days spent in 18
custody as follows: 19
(1) The period of credit for concurrent and consecutive sentences shall 20
include all days served from the date of arraignment or the date of the earliest 21 BILL AS INTRODUCED H.411
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detention for the offense, whichever occurs first, and end on the date of the 1
sentencing. Only a single credit shall be awarded in cases of consecutive 2
sentences, and no credit for one period of time shall be applied to a later 3
period. 4
(2) In sentencing a violation of probation, the court shall give the person 5
credit for any days spent in custody from the time the violation is filed or the 6
person is detained on the violation, whichever occurs first, until the violation is 7
sentenced. In a case in which probation is revoked and the person is ordered to 8
serve the underlying sentence, the person shall receive credit for all time 9
previously served in connection with the offense. 10
(3) A defendant who has received pre-adjudication treatment in a 11
residential setting for a substance use disorder after the charge has been filed 12
shall earn a reduction of one day in the offender’s minimum and maximum 13
sentence for each day that the offender receives the inpatient treatment. 14
(c) If any such person is committed to a jail or other place of detention to 15
await transportation to the place at which his or her the person’s sentence is to 16
be served, his or her the sentence shall commence to run from the date on 17
which he or she the person is received at the jail or the place of detention. 18
(d) A person who receives a zero minimum sentence for a conviction of a 19
nonviolent misdemeanor or nonviolent felony as defined in 28 V.S.A. § 301 20
shall report to probation and parole as directed by the court and begin to serve 21 BILL AS INTRODUCED H.411
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the sentence in the community immediately, unless the person is serving a 1
prior sentence at the time. 2
(e) For a conviction of a listed crime pursuant to 13 V.S.A. § 5301(7), a 3
court shall not order a sentence that is suspended, deferred, or served as a 4
supervised sentence if the person has a prior conviction for escape pursuant to 5
13 V.S.A. § 1501 or a felony listed crime unless the court makes findings on 6
the record that there are compelling reasons why such a sentence will serve the 7
interests of justice and protect the public. 8
(f) A court shall not suspend, in whole or in part, a sentence for a person 9
who has previously been found to have violated probation, been 10
unsatisfactorily discharged from probation, or had furlough revoked unless the 11
court makes findings on the record that there are compelling reasons why such 12
a sentence will serve the interests of justice and protect the public. 13
Sec. 6. 13 V.S.A. § 7042 is amended to read: 14
§ 7042. SENTENCE REVIEW 15
(a) Any court imposing a sentence under the authority of this title, within 16
90 days of the imposition of that sentence, or within 90 days after entry of any 17
order or judgment of the Supreme Court upholding a judgment of conviction, 18
may upon its own initiative or motion of the defendant, reduce the sentence. 19
(b) A State’s Attorney or the Attorney General, within seven business days 20
of the imposition of a sentence, may file with the sentencing judge a motion to 21 BILL AS INTRODUCED H.411
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increase, reduce, or otherwise modify the sentence. This motion shall set forth 1
reasons why the sentence should be altered. After hearing, the court may 2
confirm, increase, reduce, or otherwise modify the sentence. 3
(c) After a motion is filed under subsection (b) of this section, a 4
defendant’s time for filing an appeal under 12 V.S.A. § 2383 shall commence 5
to run upon entry of a final order under subsection (b). 6
(d) A court shall not reduce the sentence for a conviction of a listed crime 7
as provided by 13 V.S.A. § 5301(7) if the defendant has a prior conviction for 8
a listed crime. 9
* * * Bail * * * 10
Sec. 7. BAIL REVOCATION; INTENT 11
It is the intent of the General Assembly that its bail revocation statute is 12
consistent with State v. Sauve, 159 Vt. 566 (1993); State v. Gates, 2016 VT 36; 13
and their progeny so that repeated failures to appear in court, repeated 14
violations of conditions of release, and other violations of court orders 15
constitute a compelling State interest that falls within the statutory definition of 16
“disrupts the prosecution.” 17
Sec. 8. 13 V.S.A. § 7575 is amended to read: 18
§ 7575. REVOCATION OF THE RIGHT TO BAIL 19
(a) The prosecutor, or the court on its own motion, may move to revoke 20
bail pursuant to this section. 21 BILL AS INTRODUCED H.411
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(b) The right to bail may be revoked entirely if the judicial officer finds that 1
the accused has: 2
(1) intimidated or harassed a victim, potential witness, juror, or judicial 3
officer in violation of a condition of release; or 4
(2) repeatedly violated conditions of release in a manner that impedes 5
disrupts the prosecution of the accused; or 6
(3) violated a condition or conditions of release that constitute a threat to 7
the integrity of the judicial system; or 8
(4) without just cause, failed to appear at a specified time and place 9
ordered by a judicial officer; or 10
(5) in violation of a condition of release, been charged with a felony or a 11
crime against a person or an offense similar to the underlying charge, for 12
which, after hearing, probable cause is found. 13
(c) If the court revokes bail, it shall order the defendant’s immediate arrest 14
without a warrant if the person is within the State and declare any bond 15
pledged by the defendant forfeited. 16
(d)(1) If a defendant’s bail is revoked, the court shall set the defendant’s 17
case for trial not more than 60 days from the date of revocation. 18
(2) If the trial is not commenced within 60 days after revocation and the 19
delay is not attributable to the defense, the court shall immediately schedule a 20
bail hearing for the defendant. 21 BILL AS INTRODUCED H.411
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Sec. 9. 13 V.S.A. § 7576 is amended to read: 1
§ 7576. DEFINITIONS 2
As used in this chapter: 3
* * * 4
(4) “Disrupt the prosecution” means, in addition to any other meaning 5
recognized by law, committing a criminal offense or violating a condition of 6
release by a defendant who has been released pending trial for another offense 7
and demonstrates that there is no condition or combination of conditions of 8
release that will reasonably mitigate the defendant’s risk of flight from 9
prosecution, reasonably mitigate the defendant’s risk to public safety, or 10
reasonably ensure the defendant’s compliance with court orders and 11
appearances. 12
(5) “Needs screening” means a preliminary systematic procedure to 13
evaluate the likelihood that an individual has a substance abuse or a mental 14
health condition. 15
(5)(6) “Risk assessment” means a pretrial assessment that is designed to 16
be predictive of a person’s failure to appear in court and risk of violating 17
pretrial conditions of release with a new alleged offense. 18
(6)(7) “Secured appearance bond” means a written agreement which that 19
allows a person charged with a criminal offense to be released if: 20 BILL AS INTRODUCED H.411
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(A) the person pledges to pay the court a specified amount in the 1
event that the person fails to appear at a court proceeding; and 2
(B) a portion of the bond is paid to the court prior to release. 3
(7)(8) “Surety” means: 4
(A) a person who agrees to be responsible for guaranteeing the 5
appearance in court of a person charged with a criminal offense; or 6
(B) a person who agrees to be responsible for guaranteeing that 7
another person complies with the conditions of a peace bond under section 8
7573 of this title. 9
(8)(9) “Surety bond” means a written agreement, in a form established 10
by the Court Administrator, under which a surety guarantees the appearance in 11
court of a person charged with a criminal offense, and pledges to pay the court 12
a specified amount if the person fails to appear. 13
(9)(10) “Flight from prosecution” means any action or behavior 14
undertaken by a person charged with a criminal offense to avoid court 15
proceedings. 16
* * * Criminal History Records * * * 17
Sec. 10. 13 V.S.A. chapter 230 is amended to read: 18
CHAPTER 230. EXPUNGEMENT AND SEALING OF CRIMINAL 19
HISTORY RECORDS 20 BILL AS INTRODUCED H.411
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§ 7601. DEFINITIONS 1
As used in this chapter: 2
(1) “Court” means the Criminal Division of the Superior Court. 3
(2) “Criminal history record” means all information documenting an 4
individual’s contact with the criminal justice system, including data regarding 5
identification, arrest or citation, arraignment, judicial disposition, custody, and 6
supervision. 7
(3) “Predicate offense” means a criminal offense that can be used to 8
enhance a sentence levied for a later conviction and includes operating a 9
vehicle under the influence of alcohol or other substance in violation of 10
23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title, 11
and stalking in violation of section 1062 of this title. “Predicate offense” shall 12
not include misdemeanor possession of cannabis, a disorderly conduct offense 13
under section 1026 of this title, or possession of a controlled substance in 14
violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a), 4234a(a), 15
4234b(a), 4235(b), or 4235a(a). [Repealed.] 16
(4) “Qualifying crime” means: 17
(A) a misdemeanor offense that is not: 18
(i) a listed crime as defined in subdivision 5301(7) of this title; 19
(ii) an offense involving sexual exploitation of children in 20
violation of chapter 64 of this title; 21 BILL AS INTRODUCED H.411
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(iii) an offense involving violation of a protection order in 1
violation of section 1030 of this title; 2
(iv) prostitution as defined in section 2632 of this title, or 3
prohibited conduct under section 2601a of this title; or 4
(v) a predicate offense; 5
(B) a violation of subsection 3701(a) of this title related to criminal 6
mischief; 7
(C) a violation of section 2501 of this title related to grand larceny; 8
(D) a violation of section 1201 of this title related to burglary, 9
excluding any burglary into an occupied dwelling, as defined in subdivision 10
1201(b)(2) of this title; 11
(E) a violation of 18 V.S.A. § 4223 related to fraud or deceit; 12
(F) a violation of section 1802 of this title related to uttering a forged 13
or counterfeited instrument; 14
(G) a violation of 18 V.S.A. § 4230(a) related to possession and 15
cultivation of cannabis; 16
(H) a violation of 18 V.S.A. § 4231(a) related to possession of 17
cocaine; 18
(I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD; 19
(J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin; 20 BILL AS INTRODUCED H.411
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(K) a violation of 18 V.S.A. § 4234(a) related to possession of 1
depressant, stimulant, and narcotic drugs; 2
(L) a violation of 18 V.S.A. § 4234a(a) related to possession of 3
methamphetamine; 4
(M) a violation of 18 V.S.A. § 4234b(a) related to possession of 5
ephedrine and pseudoephedrine; 6
(N) a violation of 18 V.S.A. § 4235(b) related to possession of 7
hallucinogenic drugs; 8
(O) a violation of 18 V.S.A. § 4235a(a) related to possession of 9
ecstasy; or 10
(P) any offense for which a person has been granted an unconditional 11
pardon from the Governor all misdemeanor offenses except: 12
(i) a listed crime as defined in subdivision 5301(7) of this title; 13
(ii) a violation of chapter 64 of this title related to sexual 14
exploitation of children; 15
(iii) a violation of section 1030 of this title related to a violation of 16
an abuse prevention order, an order against stalking or sexual assault, or a 17
protective order concerning contact with a child; 18
(iv) a violation of chapter 28 of this title related to abuse, neglect, 19
and exploitation of a vulnerable adult; 20 BILL AS INTRODUCED H.411
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(v) a violation of subsection 2605(b) or (c) of this title related to 1
voyeurism; 2
(vi) a violation of subdivisions 352(1)–(10) of this title related to 3
cruelty to animals; 4
(vii) a violation of section 5409 of this title related to failure to 5
comply with sex offender registry requirements; 6
(viii) a violation of section 1455 of this title related to hate 7
motivated crimes; 8
(ix) a violation of subsection 1304(a) of this title related to cruelty 9
to a child; 10
(x) a violation of section 1305 of this title related to cruelty by 11
person having custody of another; 12
(xi) a violation of section 1306 of this title related to mistreatment 13
of persons with impaired cognitive function; 14
(xii) a violation of section 3151 of this title related to female 15
genital mutilation; 16
(xiii) a violation of subsection 3258(b) of this title related to 17
sexual exploitation of a minor; 18
(xiv) a violation of subdivision 4058(b)(1) of this title related to 19
violation of an extreme risk protection order; and 20 BILL AS INTRODUCED H.411
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(xv) an offense committed in a motor vehicle as defined in 1
23 V.S.A. § 4 by a person who is the holder of a commercial driver’s license or 2
commercial driver’s permit pursuant to 23 V.S.A. chapter 39; and 3
(B) the following felonies: 4
(i) a violation of section 1201 of this title related to burglary, 5
excluding any burglary into an occupied dwelling, unless the person was 6
25 years of age or younger at the time of the offense and did not carry a 7
dangerous or deadly weapon during the commission of the offense; 8
(ii) designated felony property offenses as defined in subdivision 9
(5) of this section; 10
(iii) offenses relating to possessing, cultivating, selling, 11
dispensing, or transporting regulated drugs, including violations of 18 V.S.A. 12
§ 4230(a) and (b), 4231(a) and (b), 4232(a) and (b), 4233(a) and (b), 4233a(a), 13
4234(a) and (b), 4234a(a) and (b), 4234b(a) and (b), 4235(b) and (c), or 14
4235a(a) and (b); and 15
(iv) any offense for which a person has been granted an 16
unconditional pardon from the Governor. 17
(5) “Designated felony property offense” means: 18
(A) a felony violation of 9 V.S.A. § 4043 related to fraudulent use of 19
a credit card; 20
(B) section 1801 of this title related to forgery and counterfeiting; 21 BILL AS INTRODUCED H.411
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(C) section 1802 of this title related to uttering a forged or 1
counterfeited instrument; 2
(D) section 1804 of this title related to counterfeiting paper money; 3
(E) section 1816 of this title related to possession or use of credit 4
card skimming devices; 5
(F) section 2001 of this title related to false personation; 6
(G) section 2002 of this title related to false pretenses or tokens; 7
(H) section 2029 of this title related to home improvement fraud; 8
(I) section 2030 of this title related to identity theft; 9
(J) section 2501 of this title related to grand larceny; 10
(K) section 2531 of this title related to embezzlement; 11
(L) section 2532 of this title related to embezzlement by officers or 12
servants of an incorporated bank; 13
(M) section 2533 of this title related to embezzlement by a receiver 14
or trustee; 15
(N) section 2561 of this title related to receiving stolen property; 16
(O) section 2575 of this title related to retail theft; 17
(P) section 2582 of this title related to theft of services; 18
(Q) section 2591 of this title related to theft of rented property; 19
(R) section 2592 of this title related to failure to return a rented or 20
leased motor vehicle; 21 BILL AS INTRODUCED H.411
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(S) section 3016 of this title related to false claims; 1
(T) section 3701 of this title related to unlawful mischief; 2
(U) section 3705 of this title related to unlawful trespass; 3
(V) section 3733 of this title related to mills, dams, or bridges; 4
(W) section 3761 of this title related to unauthorized removal of 5
human remains; 6
(X) section 3766 of this title related to grave markers and ornaments; 7
(Y) chapter 87 of this title related to computer crimes; and 8
(Z) 18 V.S.A. § 4223 related to fraud or deceit in obtaining a 9
regulated drug. 10
§ 7602. EXPUNGEMENT AND SEALING OF RECORD, 11
POSTCONVICTION; PROCEDURE 12
(a)(1) A person may file a petition with the court requesting expungement 13
or sealing of the criminal history record related to the conviction if: 14
(A) the person was convicted of a qualifying crime or qualifying 15
crimes arising out of the same incident or occurrence; 16
(B) the person was convicted of an offense for which the underlying 17
conduct is no longer prohibited by law or designated as a criminal offense; 18
(C) pursuant to the conditions set forth in subsection (g) of this 19
section, the person was convicted of a violation of 23 V.S.A. § 1201(a) or 20
§ 1091 related to operating under the influence of alcohol or other substance, 21 BILL AS INTRODUCED H.411
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excluding a violation of those sections resulting in serious bodily injury or 1
death to any person other than the operator, or related to operating a school bus 2
with a blood alcohol concentration of 0.02 or more or operating a commercial 3
vehicle with a blood alcohol concentration of 0.04 or more; or 4
(D) pursuant to the conditions set forth in subsection (h) of this 5
section, the person was convicted under 1201(c)(3)(A) of a violation of 6
subdivision 1201(a) of this title related to burglary when the person was 7
25 years of age or younger, and the person did not carry a dangerous or deadly 8
weapon during commission of the offense. 9
(2) The State’s Attorney or Attorney General shall be the respondent in 10
the matter. 11
(3) The court shall grant the petition without hearing if the petitioner 12
and the respondent stipulate to the granting of the petition. The respondent 13
shall file the stipulation with the court, and the court shall issue the petitioner 14
an order of expungement and provide notice of the order in accordance with 15
this section. 16
(4) This section shall not apply to an individual licensed as a 17
commercial driver pursuant to 23 V.S.A. chapter 39 seeking to seal or expunge 18
a record of a conviction for a felony offense committed in a motor vehicle as 19
defined in 23 V.S.A. § 4. 20 BILL AS INTRODUCED H.411
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(b)(1) The court shall grant the petition and order that the criminal history 1
record be expunged pursuant to section 7606 of this title if the following 2
conditions are met: 3
(A) At least five years have elapsed since the date on which the 4
person successfully completed the terms and conditions of the sentence for the 5
conviction, or if the person has successfully completed the terms and 6
conditions of an indeterminate term of probation that commenced at least five 7
years previously. 8
(B) The person has not been convicted of a crime arising out of a new 9
incident or occurrence since the person was convicted for the qualifying crime. 10
(C) Any restitution and surcharges ordered by the court have been 11
paid in full, provided that payment of surcharges shall not be required if the 12
surcharges have been waived by the court pursuant to section 7282 of this title. 13
(D) The court finds that expungement of the criminal history record 14
serves the interests of justice. 15
(2) The court shall grant the petition and order that all or part of the 16
criminal history record be sealed pursuant to section 7607 of this title if the 17
conditions of subdivisions (1)(A), (B), and (C) of this subsection are met and 18
the court finds that: 19
(A) sealing the criminal history record better serves the interests of 20
justice than expungement; and 21 BILL AS INTRODUCED H.411
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(B) the person committed the qualifying crime after reaching 19 1
years of age. 2
(c)(1) The court shall grant the petition and order that the criminal history 3
record be expunged pursuant to section 7606 of this title if the following 4
conditions are met: 5
(A) At least 10 years have elapsed since the date on which the person 6
successfully completed the terms and conditions of the sentence for the 7
conviction. 8
(B) The person has not been convicted of a felony arising out of a 9
new incident or occurrence in the last seven years. 10
(C) The person has not been convicted of a misdemeanor during the 11
past five years. 12
(D) Any restitution and surcharges ordered by the court for any crime 13
of which the person has been convicted has been paid in full, provided that 14
payment of surcharges shall not be required if the surcharges have been waived 15
by the court pursuant to section 7282 of this title. 16
(E) After considering the particular nature of any subsequent offense, 17
the court finds that expungement of the criminal history record for the 18
qualifying crime serves the interests of justice. 19
(2) The court shall grant the petition and order that all or part of the 20
criminal history record be sealed pursuant to section 7607 of this title if the 21 BILL AS INTRODUCED H.411
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conditions of subdivisions (1)(A), (B), (C), and (D) of this subsection are met 1
and the court finds that: 2
(A) sealing the criminal history record better serves the interests of 3
justice than expungement; and 4
(B) the person committed the qualifying crime after reaching 19 5
years of age. 6
(d) For petitions filed pursuant to subdivision (a)(1)(B) of this section, 7
unless the court finds that expungement would not be in the interests of justice, 8
the court shall grant the petition and order that the criminal history record be 9
expunged in accordance with section 7606 of this title if the following 10
conditions are met: 11
(1) The petitioner has completed any sentence or supervision for the 12
offense. 13
(2) Any restitution and surcharges ordered by the court have been paid 14
in full, provided that payment of surcharges shall not be required if the 15
surcharges have been waived by the court pursuant to section 7282 of this title. 16
(e) For petitions filed pursuant to subdivision (a)(1)(B) of this section for a 17
conviction for possession of a regulated drug under 18 V.S.A. chapter 84, 18
subchapter 1 in an amount that is no longer prohibited by law or for which 19
criminal sanctions have been removed: 20 BILL AS INTRODUCED H.411
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(1) The petitioner shall bear the burden of establishing that his or her 1
conviction was based on possessing an amount of regulated drug that is no 2
longer prohibited by law or for which criminal sanctions have been removed. 3
(2) There shall be a rebuttable presumption that the amount of the 4
regulated drug specified in the affidavit of probable cause associated with the 5
petitioner’s conviction was the amount possessed by the petitioner. 6
(f) Prior to granting an expungement or sealing under this section for 7
petitions filed pursuant to subdivision 7601(4)(D) of this title, the court shall 8
make a finding that the conduct underlying the conviction under section 1201 9
of this title did not constitute a burglary into an occupied dwelling, as defined 10
in subdivision 1201(b)(2) of this title. The petitioner shall bear the burden of 11
establishing this fact. 12
(g) For petitions filed pursuant to subdivision (a)(1)(C) of this section, only 13
petitions to seal may be considered or granted by the court. This subsection 14
shall not apply to an individual licensed as a commercial driver pursuant to 15
23 V.S.A. chapter 39. Unless the court finds that sealing would not be in the 16
interests of justice, the court shall grant the petition and order that the criminal 17
history record be sealed in accordance with section 7607 of this title if the 18
following conditions are met: 19
(1) At least 10 years have elapsed since the date on which the person 20
successfully completed the terms and conditions of the sentence for the 21 BILL AS INTRODUCED H.411
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conviction, or if the person has successfully completed the terms and 1
conditions of an indeterminate term of probation that commenced at least 2
10 years previously. 3
(2) At the time of the filing of the petition: 4
(A) the person has only one conviction of a violation of 23 V.S.A. 5
§ 1201, which shall be construed in accordance with 23 V.S.A. § 1211; and 6
(B) the person has not been convicted of a crime arising out of a new 7
incident or occurrence since the person was convicted of a violation of 8
23 V.S.A. § 1201(a). 9
(3) Any restitution ordered by the court has been paid in full. 10
(4) The court finds that sealing of the criminal history record serves the 11
interests of justice. 12
(h) For petitions filed pursuant to subdivision (a)(1)(D) of this section, 13
unless the court finds that expungement or sealing would not be in the interests 14
of justice, the court shall grant the petition and order that the criminal history 15
record be expunged or sealed in accordance with section 7606 or 7607 of this 16
title if the following conditions are met: 17
(1) At least 15 years have elapsed since the date on which the person 18
successfully completed the terms and conditions of the sentence for the 19
conviction, or the person has successfully completed the terms and conditions 20 BILL AS INTRODUCED H.411
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of an indeterminate term of probation that commenced at least 15 years 1
previously. 2
(2) The person has not been convicted of a crime arising out of a new 3
incident or occurrence since the person was convicted of a violation of 4
subdivision 1201(c)(3)(A) of this title. 5
(3) Any restitution ordered by the court has been paid in full. 6
(4) The court finds that expungement or sealing of the criminal history 7
record serves the interests of justice. Petition. 8
(1) A person may file a petition with the court requesting sealing of a 9
criminal history record related to a conviction under the following 10
circumstances: 11
(A) The person was convicted of an offense for which the underlying 12
conduct is no longer prohibited by law or designated as a criminal offense. 13
(B) The person was convicted of a qualifying crime or qualifying 14
crimes arising out of the same incident or occurrence. 15
(2) Whichever office prosecuted the offense resulting in the conviction, 16
the State’s Attorney or Attorney General, shall be the respondent in the matter 17
unless the prosecuting office authorizes the other to act as the respondent. 18
(3) The court shall grant the petition without hearing if the petitioner 19
and the respondent stipulate to the granting of the petition. The respondent 20
shall file the stipulation with the court, and the court shall issue the petitioner 21 BILL AS INTRODUCED H.411
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an order of sealing and provide notice of the order in accordance with this 1
section. 2
(4) This section shall not apply to an individual who is the holder of a 3
commercial driver’s license or commercial driver’s permit pursuant to 4
23 V.S.A. chapter 39 seeking to seal a record of a conviction for a 5
misdemeanor or felony offense committed in a motor vehicle as defined in 6
23 V.S.A. § 4. 7
(b) Offenses that are no longer prohibited by law. For petitions filed 8
pursuant to subdivision (a)(1)(A) of this section, the court shall grant the 9
petition and order that the criminal history record be sealed if the following 10
conditions are met: 11
(1) The petitioner has completed any sentence or supervision for the 12
offense. 13
(2) Any restitution and surcharges ordered by the court have been paid 14
in full, provided that payment of surcharges shall not be required if the 15
surcharges have been waived by the court pursuant to section 7282 of this title. 16
(c) Qualifying misdemeanors. For petitions filed to seal a qualifying 17
misdemeanor pursuant to subdivision (a)(1)(B) of this section, the court shall 18
grant the petition and order that the criminal history record be sealed if the 19
following conditions are met: 20 BILL AS INTRODUCED H.411
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(1) At least three years have elapsed since the date on which the person 1
completed the terms and conditions of the sentence. 2
(2) Any restitution and surcharges ordered by the court for any crime of 3
which the person has been convicted has been paid in full, provided that 4
payment of surcharges shall not be required if the surcharges have been waived 5
by the court pursuant to section 7282 of this title. 6
(3) The person does not have a pending criminal charge. 7
(4) The respondent has failed to show that sealing would be contrary to 8
the interest of justice. 9
(d) Qualifying felony offenses. For petitions filed to seal a qualifying 10
felony pursuant to subdivision (a)(1)(B) of this section, the court shall grant the 11
petition and order that the criminal history record be sealed if the following 12
conditions are met: 13
(1) At least seven years have elapsed since the date on which the person 14
completed the terms and conditions of the sentence. 15
(2) Any restitution and surcharges ordered by the court for any crime of 16
which the person has been convicted has been paid in full, provided that 17
payment of surcharges shall not be required if the surcharges have been waived 18
by the court pursuant to section 7282 of this title. 19
(3) The person does not have a pending criminal charge. 20 BILL AS INTRODUCED H.411
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(4) The respondent has failed to show that sealing would be contrary to 1
the interest of justice. 2
(e) Qualifying DUI misdemeanor. For petitions filed to seal a qualifying 3
DUI misdemeanor pursuant to subdivision (a)(1)(B) of this section, the court 4
shall grant the petition and order that the criminal history record be sealed if 5
the following conditions are met: 6
(1) At least 10 years have elapsed since the date on which the person 7
completed the terms and conditions of the sentence. 8
(2) Any restitution and surcharges ordered by the court for any crime of 9
which the person has been convicted has been paid in full, provided that 10
payment of surcharges shall not be required if the surcharges have been waived 11
by the court pursuant to section 7282 of this title. 12
(3) The person does not have a pending criminal charge. 13
(4) The person is not the holder of a commercial driver’s license or 14
commercial driver’s permit pursuant to 23 V.S.A. chapter 39. 15
(5) The respondent has failed to show that sealing would be contrary to 16
the interest of justice. 17
(f) Fish and wildlife offenses. Sealing a criminal history record related to a 18
fish and wildlife offense shall not void any fish and wildlife license suspension 19
or revocation imposed pursuant to the accumulation of points related to the 20
sealed offense. Points accumulated by a person shall remain on the person’s 21 BILL AS INTRODUCED H.411
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license and, if applicable, completion of the remedial course shall be required, 1
as set forth in 10 V.S.A. § 4502. 2
§ 7603. EXPUNGEMENT AND SEALING OF RECORD, NO 3
CONVICTION; PROCEDURE 4
(a) Unless either party objects in the interests of justice, the court shall 5
issue an order sealing the criminal history record related to the citation or arrest 6
of a person: 7
(1) within 60 days after the final disposition of the case if: 8
(A) the court does not make a determination of probable cause at the 9
time of arraignment; or 10
(B) the charge is dismissed before trial with or without prejudice; or 11
(C) the defendant is acquitted of the charges; or 12
(2) at any time if the prosecuting attorney and the defendant stipulate 13
that the court may grant the petition to seal the record. 14
(b) If a party objects to sealing or expunging a record pursuant to this 15
section, the court shall schedule a hearing to determine if sealing or expunging 16
the record serves the interests of justice. The defendant and the prosecuting 17
attorney shall be the only parties in the matter. 18
(c), (d) [Repealed.] 19 BILL AS INTRODUCED H.411
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(e) Unless either party objects in the interests of justice, the court shall 1
issue an order expunging a criminal history record related to the citation or 2
arrest of a person: 3
(1) within 60 days after the final disposition of the case if: 4
(A) the defendant is acquitted of the charges; or 5
(B) the charge is dismissed with prejudice; 6
(2) at any time if the prosecuting attorney and the defendant stipulate 7
that the court may grant the petition to expunge the record. [Repealed.] 8
(f) Unless either party objects in the interests of justice, the court shall issue 9
an order to expunge a record sealed pursuant to subsection (a) or (g) of this 10
section eight years after the date on which the record was sealed. [Repealed.] 11
(g) A person may file a petition with the court requesting sealing or 12
expungement of a criminal history record related to the citation or arrest of the 13
person at any time. The court shall grant the petition and issue an order sealing 14
or expunging the record if it finds that sealing or expunging the record serves 15
the interests of justice, or if the parties stipulate to sealing or expungement of 16
the record. 17
(h) The court may expunge any records that were sealed pursuant to this 18
section prior to July 1, 2018 unless the State’s Attorney’s office that 19
prosecuted the case objects. Thirty days prior to expunging a record pursuant 20
to this subsection, the court shall provide to the State’s Attorney’s office that 21 BILL AS INTRODUCED H.411
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prosecuted the case written notice of its intent to expunge the record. 1
[Repealed.] 2
§ 7604. NEW CHARGE 3
If a person is charged with a criminal offense after he or she has filed a 4
petition for expungement pursuant to this chapter, the court shall not act on the 5
petition until disposition of the new charge. [Repealed.] 6
§ 7605. DENIAL OF PETITION 7
If a petition for expungement or sealing is denied by the court pursuant to 8
this chapter, no further petition shall be brought for at least two years, unless a 9
shorter duration is authorized by the court. 10
§ 7606. EFFECT OF EXPUNGEMENT 11
(a) Order and notice. Upon finding that the requirements for expungement 12
have been met, the court shall issue an order that shall include provisions that 13
its effect is to annul the record of the arrest, conviction, and sentence and that 14
such person shall be treated in all respects as if the person had never been 15
arrested, convicted, or sentenced for the offense. The court shall provide 16
notice of the expungement to the respondent, Vermont Crime Information 17
Center (VCIC), the arresting agency, the Restitution Unit of the Vermont 18
Center for Crime Victim Services, and any other entity that may have a record 19
related to the order to expunge. The VCIC shall provide notice of the 20 BILL AS INTRODUCED H.411
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expungement to the Federal Bureau of Investigation’s National Crime 1
Information Center. 2
(b) Effect. 3
(1) Upon entry of an expungement order, the order shall be legally 4
effective immediately and the person whose record is expunged shall be treated 5
in all respects as if he or she had never been arrested, convicted, or sentenced 6
for the offense. 7
(2) In any application for employment, license, or civil right or privilege 8
or in an appearance as a witness in any proceeding or hearing, a person may be 9
required to answer questions about a previous criminal history record only with 10
respect to arrests or convictions that have not been expunged. 11
(3) The response to an inquiry from any person regarding an expunged 12
record shall be that “NO CRIMINAL RECORD EXISTS.” 13
(4) Nothing in this section shall affect any right of the person whose 14
record has been expunged to rely on it as a bar to any subsequent proceedings 15
for the same offense. 16
(c) Process. 17
(1) The court shall remove the expunged offense from any accessible 18
database that it maintains. 19
(2) Until all charges on a docket are expunged, the case file shall remain 20
publicly accessible. 21 BILL AS INTRODUCED H.411
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(3) When all charges on a docket have been expunged, the case file shall 1
be destroyed pursuant to policies established by the Court Administrator. 2
(d) Special index. 3
(1) The court shall keep a special index of cases that have been 4
expunged together with the expungement order. The index shall list only the 5
name of the person convicted of the offense, his or her date of birth, the docket 6
number, and the criminal offense that was the subject of the expungement. 7
(2) The special index and related documents specified in subdivision (1) 8
of this subsection shall be confidential and shall be physically and 9
electronically segregated in a manner that ensures confidentiality and that 10
limits access to authorized persons. 11
(3) Inspection of the expungement order may be permitted only upon 12
petition by the person who is the subject of the case. The Chief Superior Judge 13
may permit special access to the index and the documents for research 14
purposes pursuant to the rules for public access to court records. 15
(4) [Repealed]. 16
(5) The Court Administrator shall establish policies for implementing 17
this subsection. [Repealed.] 18
§ 7607. EFFECT OF SEALING 19
(a) Order and notice. Upon entry of an order to seal, the order shall be 20
legally effective immediately and the person whose record is sealed shall be 21 BILL AS INTRODUCED H.411
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treated in all respects as if the person had never been arrested, convicted, or 1
sentenced for the offense and that its effect is to annul the record of arrest, 2
conviction, and sentence. The court shall provide notice of the sealing to the 3
respondent, Vermont Crime Information Center (VCIC), the arresting agency, 4
the Restitution Unit of the Vermont Center for Crime Victim Services, and any 5
other entity that may have a record related to the order to seal send a copy of 6
any order sealing a criminal history record to all of the parties and attorneys 7
representing the parties, including to the prosecuting agency that prosecuted 8
the offense, the Vermont Crime Information Center (VCIC), the arresting 9
agency, and any other entity that may have a record subject to the sealing 10
order. VCIC shall provide notice of the sealing order to the Federal Bureau of 11
Investigation’s National Crime Information Center. The VCIC shall provide 12
notice of the sealing to the Federal Bureau of Investigation’s National Crime 13
Information Center. 14
(b) Effect. 15
(1) Except as provided in subdivision subsection (c) of this section, 16
upon entry of a sealing order, the order shall be legally effective immediately 17
and the person whose record is sealed shall be treated in all respects as if he or 18
she the person had never been arrested, convicted, or sentenced for the offense. 19
(2) In any application for employment, license, or civil right or privilege 20
or in an appearance as a witness in any proceeding or hearing, a person may be 21 BILL AS INTRODUCED H.411
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required to answer questions about a previous criminal history record only with 1
respect to arrests or convictions that have not been sealed. 2
(3) The response to an inquiry from any member of the public regarding 3
a sealed record shall be that “NO CRIMINAL RECORD EXISTS.” 4
(4) Nothing in this section shall affect any right of the person whose 5
record has been sealed to rely on it as a bar to any subsequent proceeding for 6
the same offense. 7
(c) Exceptions. A party seeking to use a sealed criminal history record in a 8
court proceeding shall, prior to any use of the record in open court or in a 9
public filing, notify the court of the party’s intent to do so. The court shall 10
thereafter determine whether the record may be used prior its disclosure in the 11
proceeding. This shall not apply to the use of a sealed record pursuant to 12
subdivision (2), (3), (4), or (7) of this subsection. Use of a sealed document 13
pursuant to an exception shall not change the effect of sealing under subsection 14
(b) of this section. Notwithstanding any other provision of law or a sealing 15
order, entities may access and use sealed records in the following 16
circumstances, and the sealed record shall remain otherwise confidential: 17
(1) An entity or person that possesses a sealed record may continue to 18
use it for any litigation or claim arising out of the same incident or occurrence 19
or involving the same defendant. 20 BILL AS INTRODUCED H.411
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(2) A criminal justice agency as defined in 20 V.S.A. § 2056a and the 1
Attorney General may use the criminal history record sealed in accordance 2
with section 7602 or 7603 of this title without limitation for criminal justice 3
purposes as defined in 20 V.S.A. § 2056a. 4
(3) A sealed record of a prior violation of 23 V.S.A. § 1201(a) shall be 5
admissible as a predicate offense for the purpose of imposing an enhanced 6
penalty for a subsequent violation of that section, in accordance with the 7
provisions of 23 V.S.A. § 1210. 8
(4) A person or a court in possession of an order issued by a court 9
regarding a matter that was subsequently sealed may file or cite to that decision 10
in any subsequent proceeding. The party or court filing or citing to that 11
decision shall ensure that information regarding the identity of the defendant in 12
the sealed record is redacted. 13
(5) The Vermont Crime Information Center and Criminal Justice 14
Information Services Division of the Federal Bureau of Investigations shall 15
have access to sealed criminal history records without limitation for the 16
purpose of responding to queries to the National Instant Criminal Background 17
Check System regarding firearms transfers and attempted transfers. 18
(6) The State’s Attorney and Attorney General may disclose information 19
contained in a sealed criminal history record when required to meet their 20
otherwise legally required discovery obligations. 21 BILL AS INTRODUCED H.411
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(7) The person whose criminal history records have been sealed 1
pursuant to this chapter and the person’s attorney may access and use the 2
sealed records in perpetuity and shall not be subject to the 10-year limitation. 3
(8) A law enforcement agency may inspect and receive copies of the 4
sealed criminal history records of any applicant who applies to the agency to 5
be a law enforcement officer or a current employee for the purpose of internal 6
investigation. 7
(9) Persons or entities conducting research shall have access to a sealed 8
criminal history record to carry out research pursuant to 20 V.S.A. § 2056b in 9
perpetuity and shall not be subject to the 10-year limitation. 10
(10) Upon adopting rules outlining a process for handling sealed records 11
and maintaining confidentiality and the standards for determining when 12
information contained in a sealed record may be used for the purpose of 13
licensing decisions, the Vermont Criminal Justice Council may inspect and 14
receive copies of sealed criminal history records. Access to such records shall 15
not be permitted if the Legislative Committee on Administrative Rules objects 16
to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 17
or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 18
shall remain confidential and not be available for inspection and copying 19
unless and until the Council relies on such records in a public licensing 20
decision. 21 BILL AS INTRODUCED H.411
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(11) Upon adopting rules outlining a process for handling sealed records 1
and maintaining confidentiality and the standards for determining when 2
information contained in a sealed record may be used for the purpose of 3
licensing decisions, the Vermont Office of Professional Regulation may 4
inspect and receive copies of sealed criminal history records. Access to such 5
records shall not be permitted if the Legislative Committee on Administrative 6
Rules objects to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files 7
the objection or objections in certified form pursuant to 3 V.S.A. § 842(c). 8
Sealed records shall remain confidential and not be available for inspection and 9
copying unless and until the Office relies on such records in a public licensing 10
decision. 11
(12) Upon adopting rules outlining a process for handling sealed records 12
and maintaining confidentiality and the standards for determining when 13
information contained in a sealed record may be used for the purpose of 14
licensing decisions, the Vermont Board of Medical Practice may inspect and 15
receive copies of sealed criminal history records. Access to such records shall 16
not be permitted if the Legislative Committee on Administrative Rules objects 17
to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 18
or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 19
shall remain confidential and not be available for inspection and copying 20
unless and until the Board relies on such records in a public licensing decision. 21 BILL AS INTRODUCED H.411
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(d) Process. 1
(1) The court shall bar viewing of the sealed offense in any accessible 2
database that it maintains. 3
(2) Until all charges on a docket have been sealed, the case file shall 4
remain publicly accessible. 5
(3) When all charges on a docket have been sealed, the case file shall 6
become exempt from public access. 7
(4) When a sealing order is issued by the court, any person or entity, 8
except the court, that possesses criminal history records shall: 9
(A) bar viewing of the sealed offense in any accessible database that 10
it maintains or remove information pertaining to the sealed records from any 11
publicly accessible database that the person or entity maintains; and 12
(B) clearly label the criminal history record as “SEALED” to ensure 13
compliance with this section. 14
(e) Special index. 15
(1) The court shall keep a special index of cases that have been sealed 16
together with the sealing order. The index shall list only the name of the 17
person convicted of the offense, his or her the person’s date of birth, the docket 18
number, and the criminal offense that was the subject of the sealing. 19
(2) The special index and related documents specified in subdivision (1) 20
of this subsection shall be confidential and shall be physically and 21 BILL AS INTRODUCED H.411
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electronically segregated in a manner that ensures confidentiality and that 1
limits access to authorized persons. 2
(3) Except as provided in subsection (c) of this section, inspection of the 3
sealing order may be permitted only upon petition by the person who is the 4
subject of the case. The Chief Superior Judge may permit special access to the 5
index and the documents for research purposes pursuant to the rules for public 6
access to court records. 7
(4) The Court Administrator shall establish policies for implementing 8
this subsection. [Repealed.] 9
(f) Victims Compensation Program. Upon request, the Victim’s Victims 10
Compensation Program shall be provided with a copy, redacted of all 11
information identifying the offender, of the affidavit for the sole purpose of 12
verifying the expenses in a victim’s compensation application submitted 13
pursuant to section 5353 of this title. 14
(g) Restitution. The sealing of a criminal record shall not affect the 15
authority of the Restitution Unit to enforce a restitution order in the same 16
manner as a civil judgment pursuant to subdivision 5362(c)(2) of this title. 17
§ 7608. VICTIMS 18
(a) At the time a petition is filed pursuant to this chapter, the respondent 19
shall give notice of the petition to any victim of the offense who is known to 20
the respondent. The victim shall have the right to offer the respondent a 21 BILL AS INTRODUCED H.411
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statement prior to any stipulation or to offer the court a statement. The 1
disposition of the petition shall not be unnecessarily delayed pending receipt of 2
a victim’s statement. The respondent’s inability to locate a victim after a 3
reasonable effort has been made shall not be a bar to granting a petition. 4
(b) As used in this section, “reasonable effort” means attempting to contact 5
the victim by first-class mail at the victim’s last known address and, by 6
telephone at the victim’s last known phone number, and by email at the 7
victim’s last known email address. 8
§ 7609. EXPUNGEMENT SEALING OF CRIMINAL HISTORY RECORDS 9
OF AN INDIVIDUAL 18–21 YEARS OF AGE 10
(a) Procedure. Except as provided in subsection (b) of this section, the 11
record of the criminal proceedings for an individual who was 18–21 years of 12
age at the time the individual committed a qualifying crime shall be expunged 13
sealed within 30 days after the date on which the individual successfully 14
completed the terms and conditions of the sentence for the conviction of the 15
qualifying crime, absent a finding of good cause by the court. The court shall 16
issue an order to expunge seal all records and files related to the arrest, 17
citation, investigation, charge, adjudication of guilt, criminal proceedings, and 18
probation related to the sentence. A copy of the order shall be sent to each 19
agency, department, or official named in the order. Thereafter, the court, law 20
enforcement officers, agencies, and departments shall reply to any request for 21 BILL AS INTRODUCED H.411
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information that no record exists with respect to such individual. 1
Notwithstanding this subsection, the record shall not be expunged sealed until 2
restitution and surcharges have been paid in full, provided that payment of 3
surcharges shall not be required if the surcharges have been waived by the 4
court pursuant to section 7282 of this title. 5
(b) Exceptions. 6
(1) A criminal record that includes both qualifying and nonqualifying 7
offenses shall not be eligible for expungement sealing pursuant to this section. 8
(2) The Vermont Crime Information Center shall retain a special index 9
of sentences for sex offenses that require registration pursuant to chapter 167, 10
subchapter 3 of this title. This index shall only list the name and date of birth 11
of the subject of the expunged sealed files and records, the offense for which 12
the subject was convicted, and the docket number of the proceeding that was 13
the subject of the expungement sealing. The special index shall be confidential 14
and shall be accessed only by the Director of the Vermont Crime Information 15
Center and an individual designated for the purpose of providing information 16
to the Department of Corrections in the preparation of a presentence 17
investigation in accordance with 28 V.S.A. §§ 204 and 204a. 18
(c) Petitions. An individual who was 18–21 years of age at the time the 19
individual committed a qualifying crime may file a petition with the court 20
requesting expungement sealing of the criminal history record related to the 21 BILL AS INTRODUCED H.411
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qualifying crime after 30 days have elapsed since the individual completed the 1
terms and conditions for the sentence for the qualifying crime. The court shall 2
grant the petition and issue an order sealing or expunging the record if it finds 3
that sealing or expunging the record serves the interests of justice. 4
§ 7610. CRIMINAL HISTORY RECORD SEALING SPECIAL FUND 5
There is established the Criminal History Record Sealing Special Fund, 6
which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. 7
Fees collected pursuant to 32 V.S.A. § 1431(e) for the filing of a petition to 8
seal a criminal history record of a violation of 23 V.S.A. § 1201(a) shall be 9
deposited into and credited to this Fund. This Fund shall be available to the 10
Office of the Court Administrator, the Department of State’s Attorneys and 11
Sheriffs, the Department of Motor Vehicles, and the Vermont Crime 12
Information Center to offset the administrative costs of sealing such records. 13
Balances in the Fund at the end of the fiscal year shall be carried forward and 14
remain in the Fund. 15
§ 7611. UNAUTHORIZED DISCLOSURE 16
A State or municipal employee or contractor or any agent of the court, 17
including an attorney and an employee or contractor of the attorney, who 18
knowingly accesses or discloses sealed criminal history record information 19
without authorization shall be assessed a civil penalty of not more than 20 BILL AS INTRODUCED H.411
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$1,000.00. Each unauthorized disclosure shall constitute a separate civil 1
violation. 2
Sec. 11. 13 V.S.A. § 7041 is amended to read: 3
§ 7041. DEFERRED SENTENCE 4
(a) Upon an adjudication of guilt and after the filing of a presentence 5
investigation report, the court may defer sentencing and place the respondent 6
on probation upon such terms and conditions as it may require if a written 7
agreement concerning the deferring of sentence is entered into between the 8
State’s Attorney and the respondent and filed with the clerk of the court. 9
(b) Notwithstanding subsection (a) of this section, the court may defer 10
sentencing and place the respondent on probation without a written agreement 11
between the State’s Attorney and the respondent if the following conditions are 12
met: 13
(1) [Repealed.] 14
(2) the crime for which the respondent is being sentenced is not a listed 15
crime as defined in subdivision 5301(7) of this title; 16
(3) the court orders a presentence investigation in accordance with the 17
procedures set forth in V.R.C.P. Rule 32, unless the State’s Attorney agrees to 18
waive the presentence investigation; 19
(4) the court permits the victim to submit a written or oral statement 20
concerning the consideration of deferment of sentence; 21 BILL AS INTRODUCED H.411
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(5) the court reviews the presentence investigation and the victim’s 1
impact statement with the parties; and 2
(6) the court determines that deferring sentence is in the interests of 3
justice. 4
(c) Notwithstanding subsections (a) and (b) of this section, the court may 5
not defer a sentence for a violation of section 3253a (aggravated sexual assault 6
of a child), section 2602 (lewd and lascivious conduct with a child unless the 7
victim and the defendant were within five years of age and the act was 8
consensual), 3252(c) (sexual assault of a child under 16 years of age unless the 9
victim and the defendant were within five years of age and the act was 10
consensual), 3252(d) or (e) (sexual assault of a child), 3253(a)(8) (aggravated 11
sexual assault), or 3253a (aggravated sexual assault of a child) of this title, or 12
for violation of a listed crime as provided in subdivision 5301 if the defendant 13
has a prior conviction for a listed crime. 14
(d) Entry of deferment of sentence shall constitute an appealable judgment 15
for purposes of appeal in accordance with 12 V.S.A. § 2383 and V.R.A.P. 16
Rule 3. Except as otherwise provided, entry of deferment of sentence shall 17
constitute imposition of sentence solely for the purpose of sentence review in 18
accordance with section 7042 of this title. The court may impose sentence at 19
any time if the respondent violates the conditions of the deferred sentence 20
during the period of deferment. 21 BILL AS INTRODUCED H.411
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(e) Upon violation of the terms of probation or of the deferred sentence 1
agreement, the court shall impose sentence. Upon fulfillment of the terms of 2
probation and of the deferred sentence agreement, the court shall strike the 3
adjudication of guilt and discharge the respondent. Except as provided in 4
subsection (h) of this section, the record of the criminal proceedings shall be 5
expunged sealed upon the discharge of the respondent from probation, absent a 6
finding of good cause by the court. The court shall issue an order to expunge 7
seal all records and files related to the arrest, citation, investigation, charge, 8
adjudication of guilt, criminal proceedings, and probation related to the 9
deferred sentence. Copies of the order shall be sent to each agency, 10
department, or official named therein. Thereafter, the court, law enforcement 11
officers, agencies, and departments shall reply to any request for information 12
that no record exists with respect to such person upon inquiry in the matter. 13
Notwithstanding this subsection, the record shall not be expunged sealed until 14
restitution has been paid in full. 15
(f) A deferred sentence imposed under subsection (a) or (b) of this section 16
may include a restitution order issued pursuant to section 7043 of this title. 17
Nonpayment of restitution shall not constitute grounds for imposition of the 18
underlying sentence. 19 BILL AS INTRODUCED H.411
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(g) [Repealed.] 1
(h) The Vermont Crime Information Center shall retain a special index of 2
deferred sentences for sex offenses that require registration pursuant to 3
subchapter 3 of chapter 167 of this title. This index shall only list the name 4
and date of birth of the subject of the expunged sealed files and records, the 5
offense for which the subject was convicted, and the docket number of the 6
proceeding that was the subject of the expungement sealing. The special index 7
shall be confidential and may be accessed only by the director of the Vermont 8
Crime Information Center and a designated clerical staffperson for the purpose 9
of providing information to the Department of Corrections in the preparation of 10
a presentence investigation in accordance with 28 V.S.A. §§ 204 and 204a. 11
Sec. 12. 24 V.S.A. § 2002 is added to read: 12
§ 2002. EXPUNGEMENT OF MUNICIPAL VIOLATION RECORDS 13
(a) Expungement. Two years following the satisfaction of a judgment 14
resulting from an adjudication of a municipal violation, the Judicial Bureau 15
shall make an entry of “expunged” and notify the municipality of such action, 16
provided the person has not been adjudicated for any subsequent municipal 17
violations during that time. The data transfer to the municipality shall include 18
the name, date of birth, ticket number, and offense. Violations of offenses 19
adopted pursuant to chapter 117 of this title shall not be eligible for 20
expungement under this section. 21 BILL AS INTRODUCED H.411
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(b) Effect of expungement. 1
(1) Upon entry of an expungement order, the order shall be legally 2
effective immediately and the individual whose record is expunged shall be 3
treated in all respects as if the individual had never been adjudicated of the 4
violation. 5
(2) Upon an entry of expunged, the case will be accessible only by the 6
Clerk of the Court for the Judicial Bureau or the Clerk’s designee. 7
Adjudications that have been expunged shall not appear in the results of any 8
Judicial Bureau database search by name, date of birth, or any other data 9
identifying the defendant. Except as provided in subsection (c) of this section, 10
any documents or other records related to an expunged adjudication that are 11
maintained outside the Judicial Bureau’s case management system shall be 12
destroyed. 13
(3) Upon receiving an inquiry from any person regarding an expunged 14
record, the Judicial Bureau and the municipality shall respond that “NO 15
RECORD EXISTS.” 16
(c) Exception for research entities. Research entities that maintain 17
adjudication records for purposes of collecting, analyzing, and disseminating 18
criminal justice data shall not be subject to the expungement requirements 19
established in this section. Research entities shall abide by the policies 20 BILL AS INTRODUCED H.411
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established by the Court Administrator and shall not disclose any identifying 1
information from the records they maintain. 2
(d) Policies for implementation. The Court Administrator shall establish 3
policies for implementing this section. 4
(e) Application. This section shall apply to municipal violations that occur 5
on and after July 1, 2025. 6
Sec. 13. 23 V.S.A. § 2303 is amended to read: 7
§ 2303. EXPUNGEMENT OF VIOLATION RECORDS 8
* * * 9
(e) Application. This section shall apply to motor vehicle violations that 10
occur on and after July 1, 2021. 11
* * * Recidivism * * * 12
Sec. 14. FINDINGS AND INTENT 13
(a) Findings. The General Assembly finds: 14
(1) The State’s current definition of recidivism is based upon offenders 15
who are sentenced to more than one year of incarceration and who, after 16
release, return to an incarcerative setting within three years, but only after 17
conviction of a new offense or a violation of Department of Corrections’ 18
supervision and the new sentence for the violation is not fewer than 90 days. 19
(2) The vast majority of misdemeanor crimes have maximum terms of 20
imprisonment of not more than six months. 21 BILL AS INTRODUCED H.411
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(3) Few, if any, misdemeanor sentences are served in a Department of 1
Corrections’ facility. 2
(4) Under current law, a person could commit 10 instances of retail theft 3
within a calendar year, be convicted of each separate offense and sentenced to 4
probation or incarcerative sentences of a few days for each offense, and the 5
behavior would not constitute recidivism. 6
(b) Intent. It is the intent of the General Assembly that: 7
(1) the definition of recidivism more accurately reflect new convictions, 8
returns to incarceration, and probation violations and revocations; and 9
(2) the State establish a statutory measure of violent crime recidivism 10
and of individual success. 11
Sec. 15. 28 V.S.A. § 3 is amended to read: 12
§ 3. GENERAL DEFINITIONS 13
As used in this title: 14
(1) “Child” means any person: 15
(A) charged with having committed a delinquent act as defined in 16
33 V.S.A. § 5102 or adjudicated a delinquent and committed to the custody of 17
the Commissioner; or 18
(B) charged with being or adjudicated unmanageable as defined by 19
33 V.S.A. § 5102(3)(C) and (D), and committed to the custody of the 20 BILL AS INTRODUCED H.411
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Commissioner for Children and Families and subsequently transferred to the 1
custody of the Commissioner. 2
(C) [Repealed.] 3
(2) “Commissioner” means the Commissioner of Corrections. 4
(3) “Correctional facility” or “facility” means any building, enclosure, 5
space, or structure of or supported by the Department and used for the 6
confinement of persons committed to the custody of the Commissioner, or for 7
any other matter related to such confinement. 8
(4) “Department” means the Department of Corrections. 9
(5) “Desistance” means the process by which criminality, or the 10
individual risk for antisocial conduct, declines over the life-course of the 11
individual, generally after adolescence. 12
(6) “Inmate” means any person, not a child, committed to the custody of 13
the Commissioner pursuant to the law of the State and subsequently committed 14
to a correctional facility and any person confined at a correctional facility 15
during the pendency of a prosecution against him or her the person. 16
(6)(7) “Law” includes the laws and ordinances of the State, its political 17
subdivisions, and municipalities. 18
(7)(8) “Law enforcement officer” means a State Police officer, a sheriff, 19
a deputy sheriff, a municipal police officer, a constable, the Commissioner, or 20
a member of the Department of Corrections when appointed in writing by the 21 BILL AS INTRODUCED H.411
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Commissioner and when his or her the appointment is filed in the Office of the 1
Secretary of State. The Commissioner or such member shall have the same 2
powers as a sheriff. 3
(9) “Listed crime” has the same definition as in 13 V.S.A. § 5301(7). 4
(8)(10) “Offender” means any person convicted of a crime or offense 5
under the laws of this State, and, for purposes of work crew community 6
restitution, a person found in civil contempt under 15 V.S.A. § 603. 7
(9)(11) “Supervising officer” means the highest administrative officer in 8
charge of any correctional facility. 9
(10)(12) “Correctional officer” means any person who is an employee of 10
the Department of Corrections whose official duties or job classification 11
includes the supervision or monitoring of a person on parole, probation, or 12
serving any sentence of incarceration whether inside or outside a correctional 13
facility, and who has received training, as approved by the Commissioner of 14
Corrections, as provided in section 551a of this title. 15
(13) “Recidivism” means an individual’s relapse into committing a 16
criminal offense after receiving criminal sanctions for a previous crime. 17
(14) “Repeat violent offender” means an individual who commits 18
repeated criminal offenses for which the offense is against another individual 19
and is considered significant and violent. 20 BILL AS INTRODUCED H.411
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(11)(15) “Restorative justice program” means a program developed and 1
implemented by the Commissioner, consistent with State policy and legislative 2
intent as provided by section 2a of this title. 3
(12)(16) Despite other names this concept has been given in the past or 4
may be given in the future, “segregation” means a form of separation from the 5
general population that may or may not include placement in a single-6
occupancy cell and that is used for disciplinary, administrative, or other 7
reasons, but shall not mean confinement to an infirmary or a residential 8
treatment setting for purposes of evaluation, treatment, or provision of 9
services. 10
Sec. 16. 28 V.S.A. § 4 is amended to read: 11
§ 4. STANDARD MEASURE AND CLASSIFICATIONS OF RECIDIVISM; 12
DESISTANCE; REPEAT VIOLENT OFFENDERS 13
(a) Recidivism. The Department shall calculate the rate of recidivism 14
based upon offenders individuals who are sentenced to more than one year of 15
incarceration who, after release from incarceration, return to prison within 16
three years for a conviction for a new offense or a violation of supervision 17
resulting, and the new incarceration sentence or time served on the violation is 18
at least 90 days convicted of a criminal offense and meet one of the following 19
classifications: 20 BILL AS INTRODUCED H.411
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(1) Class one recidivism. Less than two years elapse from the time of 1
sentencing before the individual is convicted of a new offense. 2
(2) Class two recidivism. Less than five years elapse from the time of 3
sentencing before the individual is convicted of a new offense. 4
(3) Class three recidivism. Less than 10 years elapse from the time of 5
sentencing before the individual is convicted of a new offense. 6
(b) Desistance. The Department shall calculate and classify the rate of 7
desistance based upon individuals who are convicted of a criminal offense and 8
meet one of the following classifications: 9
(1) Class one desistance. Less than 12 months elapse from the time of 10
sentencing before a judicial officer finds probable cause for a new offense. 11
(2) Class two desistance. Less than two years elapse from the time of 12
sentencing before a judicial officer finds probable cause for a new offense. 13
(3) Class three desistance. Less than five years elapse from the time of 14
sentencing before a judicial officer finds probable cause for a new offense. 15
(c) Repeat violent offenders. The Department shall calculate the rate of 16
repeat violent offenders based upon individuals who are convicted of a 17
criminal offense and meet one of the following classifications: 18
(1) Class one repeat violence. Less than two years elapse from the time 19
of sentencing before the individual is convicted of a listed offense. 20 BILL AS INTRODUCED H.411
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(2) Class two repeat violence. Less than five years elapse from the time 1
of sentencing before the individual is convicted of a listed offense. 2
(3) Class three repeat violence. Less than 10 years elapse from the time 3
of sentencing before the individual is convicted of a listed offense. 4
Sec. 17. 28 V.S.A. § 125(b) is amended to read: 5
(b) Definitions. As used in this section: 6
* * * 7
(3) “Desistance” means the process by which criminality, or the 8
individual risk for antisocial conduct, declines over the life-course of the 9
individual, generally after adolescence has the same meaning as in subsection 10
4(b) of this title. 11
* * * 12
(5) “Recidivism” has the same meaning as in section 4 3 of this title. 13
* * * Big 14 Juvenile Offenses * * * 14
Sec. 18. 33 V.S.A. § 5201 is amended to read: 15
§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS 16
* * * 17
(c)(1) Any proceeding concerning a child who is alleged to have committed 18
an act specified in subsection 5204(a) of this title after attaining 14 years of 19
age, but not 22 years of age, shall originate in the Criminal Division of the 20
Superior Court, provided that jurisdiction may be transferred in accordance 21 BILL AS INTRODUCED H.411
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with this chapter and chapter 52A of this title, unless the State’s Attorney files 1
the charge directly as a youthful offender petition in the Family Division. 2
(2)(A) Any proceeding concerning a child who is alleged to have 3
committed one of the following acts after attaining 14 years of age, but not 22 4
years of age, shall originate in the Criminal Division of the Superior Court, 5
provided that jurisdiction may be transferred in accordance with this chapter 6
and chapter 52A of this title, unless the State’s Attorney files the charge 7
directly as a youthful offender petition in the Family Division: 8
(i) a violation of a condition of release as defined in 13 V.S.A. 9
§ 7559 imposed by the Criminal Division for any of the offenses listed in 10
subsection 5204(a) of this title; or 11
(ii) a violation of a condition of release as defined in 13 V.S.A. 12
§ 7559 imposed by the Criminal Division for an offense that was transferred 13
from the Family Division pursuant to section 5204 of this title. 14
(B) This subdivision (2) shall not apply to a proceeding that is the 15
subject of a final order accepting the case for youthful offender treatment 16
pursuant to subsection 5281(d) (c) of this title. 17
(3) Any proceeding concerning a child who is alleged to have committed 18
one of the following acts after attaining 16 years of age, but not 22 years of 19
age, shall originate in the Criminal Division of the Superior Court, provided 20
that jurisdiction may be transferred in accordance with this chapter and chapter 21 BILL AS INTRODUCED H.411
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52A of this title, unless the State’s Attorney files the charge directly as a 1
youthful offender petition in the Family Division: 2
(A) using a firearm while committing a felony in violation of 13 3
V.S.A. § 4005, or an attempt to commit that offense; 4
(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 5
subchapter 1, or an attempt to commit that offense; or 6
(C) aggravated stalking as defined in 13 V.S.A. § 1063(a)(3), or an 7
attempt to commit that offense. 8
(d) Any proceeding concerning a child who is alleged to have committed 9
any offense other than those specified in subsection 5204(a) of this title or 10
subdivision (c)(2) or (3) of this section before attaining 19 years of age shall 11
originate in the Family Division of the Superior Court, provided that 12
jurisdiction may be transferred in accordance with this chapter. 13
* * * 14
Sec. 19. 33 V.S.A. § 5203 is amended to read: 15
§ 5203. TRANSFER FROM OTHER COURTS 16
(a) If it appears to a Criminal Division of the Superior Court that the 17
defendant was under 19 years of age at the time the offense charged was 18
alleged to have been committed and the offense charged is an offense not 19
specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, 20
that court shall forthwith transfer the proceeding to the Family Division of the 21 BILL AS INTRODUCED H.411
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Superior Court under the authority of this chapter, and the minor shall then be 1
considered to be subject to this chapter as a child charged with a delinquent 2
act. 3
(b) If it appears to a Criminal Division of the Superior Court that the 4
defendant had attained 14 years of age but not 18 years of age at the time an 5
offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this 6
title was alleged to have been committed, that court may forthwith transfer the 7
proceeding to the Family Division of the Superior Court under the authority of 8
this chapter, and the minor shall then be considered to be subject to this chapter 9
as a child charged with a delinquent act. 10
(c) If it appears to the State’s Attorney that the defendant was under 19 11
years of age at the time the felony offense charged was alleged to have been 12
committed and the felony charged is not an offense specified in subsection 13
5204(a) or subdivision 5201(c)(2) or (3) of this title, the State’s Attorney shall 14
file charges in the Family Division of the Superior Court, pursuant to section 15
5201 of this title. The Family Division may transfer the proceeding to the 16
Criminal Division pursuant to section 5204 of this title. 17
* * * 18 BILL AS INTRODUCED H.411
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Sec. 20. 33 V.S.A. § 5204 is amended to read: 1
§ 5204. TRANSFER FROM FAMILY DIVISION OF THE SUPERIOR 2
COURT 3
(a) After a petition has been filed alleging delinquency, upon motion of the 4
State’s Attorney and after hearing, the Family Division of the Superior Court 5
may transfer jurisdiction of the proceeding to the Criminal Division of the 6
Superior Court if the child had attained 16 years of age but not 19 years of age 7
at the time the act was alleged to have occurred and the delinquent act set forth 8
in the petition is a felony not specified in subdivisions (1)–(11)(30) of this 9
subsection or if the child had attained 12 years of age but not 14 years of age at 10
the time the act was alleged to have occurred, and if the delinquent act set forth 11
in the petition was any of the following: 12
(1) arson causing death as defined in 13 V.S.A. § 501 or an attempt to 13
commit that offense; 14
(2) assault and robbery with a dangerous weapon as defined in 13 15
V.S.A. § 608(b) or an attempt to commit that offense; 16
(3) assault and robbery causing bodily injury as defined in 13 V.S.A. 17
§ 608(c) or an attempt to commit that offense; 18
(4) aggravated assault as defined in 13 V.S.A. § 1024 or an attempt to 19
commit that offense; 20 BILL AS INTRODUCED H.411
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(5) murder as defined in 13 V.S.A. § 2301 and aggravated murder as 1
defined in 13 V.S.A. § 2311 or an attempt to commit either of those offenses; 2
(6) manslaughter as defined in 13 V.S.A. § 2304 or an attempt to 3
commit that offense; 4
(7) kidnapping as defined in 13 V.S.A. § 2405 or an attempt to commit 5
that offense; 6
(8) unlawful restraint as defined in 13 V.S.A. § 2406 or 2407 or an 7
attempt to commit that offense; 8
(9) maiming as defined in 13 V.S.A. § 2701 or an attempt to commit 9
that offense; 10
(10) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2) or an 11
attempt to commit that offense; or 12
(11) aggravated sexual assault as defined in 13 V.S.A. § 3253 and 13
aggravated sexual assault of a child as defined in 13 V.S.A. § 3253a or an 14
attempt to commit either of those offenses; 15
(12) stalking as defined in 13 V.S.A. § 1062 or aggravated stalking as 16
defined in 13 V.S.A. § 1063(a)(3) or an attempt to commit either of those 17
offenses; 18
(13) carrying a dangerous or deadly weapon while committing a felony 19
in violation of 13 V.S.A. § 4005 or an attempt to commit that offense; 20 BILL AS INTRODUCED H.411
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(14) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 1
subchapter 1 or an attempt to commit that offense; 2
(15) domestic assault as defined in 13 V.S.A. § 1042, first degree 3
aggravated domestic assault as defined in 13 V.S.A. § 1043, and second degree 4
aggravated domestic assault as defined in 13 V.S.A. § 1044 or an attempt to 5
commit any of those offenses; 6
(16) selling or dispensing a regulated drug with death resulting as 7
defined in 18 V.S.A. § 4250 or an attempt to commit that offense; 8
(17) using a firearm while selling or dispensing a regulated drug as 9
defined in 18 V.S.A. § 4253 or an attempt to commit that offense; 10
(18) lewd or lascivious conduct as defined in 13 V.S.A. § 2601 or an 11
attempt to commit that offense; 12
(19) lewd or lascivious conduct with a child as defined in 13 V.S.A. 13
§ 2602 or an attempt to commit that offense; 14
(20) eluding a police officer with death or serious bodily injury resulting 15
as defined in 23 V.S.A. § 1133(b) or an attempt to commit that offense; 16
(21) willful and malicious injuries caused by explosives as defined in 13 17
V.S.A. § 1601, injuries caused by destructive devices as defined in 13 V.S.A. 18
§ 1605, and injuries caused by explosives as defined in 13 V.S.A. § 1608 or an 19
attempt to commit any of those offenses; 20 BILL AS INTRODUCED H.411
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(22) human trafficking as defined in 13 V.S.A. § 2652 and aggravated 1
human trafficking as defined in 13 V.S.A. § 2653 or an attempt to commit 2
either of those offenses; 3
(23) grand larceny as defined in 13 V.S.A. § 2501 or an attempt to 4
commit that offense; 5
(24) larceny from the person as defined in 13 V.S.A. § 2503 or an 6
attempt to commit that offense; 7
(25) operating a vehicle under the influence of alcohol or any other drug 8
with death or serious bodily injury resulting as defined in 23 V.S.A. § 1210 or 9
an attempt to commit that offense; 10
(26) negligent or grossly negligent operation of a vehicle with death or 11
serious bodily injury resulting as defined in 23 V.S.A. § 1091 or an attempt to 12
commit that offense; 13
(27) leaving the scene of an accident with death or serious bodily injury 14
resulting as defined in 23 V.S.A. § 1128 or an attempt to commit that offense; 15
(28) commission of a hate motivated crime as defined in 13 V.S.A. 16
§ 1455 or an attempt to commit that offense; 17
(29) conspiracy as defined in 13 V.S.A. § 1404 or an attempt to commit 18
that offense; or 19 BILL AS INTRODUCED H.411
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(30) violation of an abuse prevention order, an order against stalking or 1
sexual assault, or a protective order concerning contact with a child as defined 2
in 13 V.S.A. § 1030 or an attempt to commit any of those offenses. 3
* * * 4
* * * Raise the Age * * * 5
Sec. 21. 2024 Acts and Resolves No. 125, Secs. 7–11 are amended to read: 6
Sec. 7. [Deleted.] 7
Sec. 8. [Deleted.] 8
Sec. 9. [Deleted.] 9
Sec. 10. [Deleted.] 10
Sec. 11. [Deleted.] 11
Sec. 22. 2024 Acts and Resolves No. 125, Sec. 21 is amended to read: 12
Sec. 21. EFFECTIVE DATES 13
(a) Secs. 1–6, 12–20, and this section shall take effect on July 1, 2024. 14
(b) Secs. 7–11 shall take effect on April 1, 2025. [Deleted.] 15
* * * Youthful Offenders * * * 16
Sec. 23. 33 V.S.A. § 5280 is amended to read: 17
§ 5280. COMMENCEMENT OF YOUTHFUL OFFENDER 18
PROCEEDINGS IN THE FAMILY DIVISION 19
(a) A youthful offender proceeding under this chapter shall be commenced 20
by: 21 BILL AS INTRODUCED H.411
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(1) the filing of a youthful offender petition by a State’s Attorney in the 1
Criminal Division of the Superior Court; or 2
(2) transfer to the Family Court of a proceeding from the Criminal 3
Division of the Superior Court as provided in section 5281 of this title the 4
filing of a motion in the Criminal Division of the Superior Court by the State’s 5
Attorney, the defendant, or the court on its own motion requesting that a 6
defendant in a criminal proceeding who has attained 14 years of age but not 22 7
years of age at the time the offense is alleged to have been committed be 8
treated as a youthful offender; or 9
(3) the filing of a youthful offender petition in the Family Division of 10
the Superior Court concerning a child who is alleged to have committed an 11
offense after attaining 14 years of age but not 22 years of age that could 12
otherwise be filed in the Criminal Division. 13
(b) A State’s Attorney may commence a proceeding in the Family Division 14
of the Superior Court concerning a child who is alleged to have committed an 15
offense after attaining 14 years of age but not 22 years of age that could 16
otherwise be filed in the Criminal Division. 17
(1) Upon the filing of a motion under subdivision (a)(1) or (2) of this 18
section and the entering of a conditional plea of guilty by the youth, the 19
Criminal Division of the Superior Court shall enter an order deferring the 20 BILL AS INTRODUCED H.411
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sentence and hold a hearing on the motion. If the youth declines to enter a 1
conditional plea, youthful offender status shall be denied. 2
(2) As used in this subsection, “conditional plea of guilty” means a plea 3
of guilty that is conditioned on the granting of youthful offender status that 4
may be withdrawn in the event that youthful offender status is denied. 5
(c) If a State’s Attorney files a petition under subdivision (a)(1) of this 6
section, the The case shall proceed as provided under subsection 5281(b) of 7
this title. Except as provided in subdivision 5283(c)(2) of this title, upon the 8
commencement of a youthful offender consideration proceeding in the Family 9
Division or the Criminal Division of the Superior Court, all future proceedings 10
regarding youthful offender status shall be sealed until youthful offender status 11
is denied or revoked. 12
(d)(1) Within 15 days after the Upon commencement of a youthful 13
offender proceeding pursuant to subsection (a) of this section, the court shall 14
notify the youth that the youth is required to complete a risk and needs 15
screening, which shall be conducted by the Department or by a community 16
provider that has contracted with the Department to provide risk and needs 17
screenings. The notice shall inform the youth that youthful offender status 18
may be denied if the youth fails to participate in the risk and needs screening. 19
(2) The risk and needs screening shall be completed prior to the youthful 20
offender status hearing held pursuant to section 5283 of this title. Unless the 21 BILL AS INTRODUCED H.411
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court extends the period for the risk and needs screening for good cause 1
shown, the Family Division court shall reject the case for youthful offender 2
treatment if the youth does not complete the risk and needs screening within 15 3
days after the offer for the risk and needs screening. 4
(3) The Department or the community provider shall report the risk level 5
result of the screening, the number and source of the collateral contacts made, 6
and the recommendation for charging or other alternatives to the State’s 7
Attorney. 8
(4) Information related to the present alleged offense directly or 9
indirectly derived from the risk and needs screening or other conversation with 10
the Department or community-based provider shall not be used against the 11
youth in the youth’s criminal or juvenile case for any purpose, including 12
impeachment or cross-examination. However, the fact of participation in risk 13
and needs screening may be used in subsequent proceedings. 14
(e) The State’s Attorney shall may refer directly to court diversion a youth 15
alleged to have committed any offense other than those specified in subsection 16
5204(a) of this title who presents a low to moderate risk to reoffend based on 17
the results of the risk and needs screening, unless the State’s Attorney states on 18
the record at the hearing held pursuant to section 5283 of this title why a 19
referral would not serve the ends of justice. If the court diversion program 20
does not accept the case or if the youth fails to complete the program in a 21 BILL AS INTRODUCED H.411
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manner deemed satisfactory and timely by the provider, the youth’s case shall 1
return to the State’s Attorney for charging consideration. 2
Sec. 24. 33 V.S.A. § 5281 is amended to read: 3
§ 5281. MOTION PROCEDURES IN CRIMINAL DIVISION OF 4
SUPERIOR COURT 5
(a) A motion may be filed in the Criminal Division of the Superior Court 6
requesting that a defendant under 22 years of age in a criminal proceeding who 7
had attained 12 years of age but not 22 years of age at the time the offense is 8
alleged to have been committed be treated as a youthful offender. The motion 9
may be filed by the State’s Attorney, the defendant, or the court on its own 10
motion. 11
(b) Unless the State’s Attorney refers the youth directly to court diversion 12
pursuant to subsection 5280(e) of this title, upon the filing of a motion under 13
this section or the filing of a youthful offender petition pursuant to section 14
5280 of this title, the Family Division court shall hold a hearing pursuant to 15
section 5283 of this title. Pursuant to section 5110 of this title, the The hearing 16
shall be confidential as provided in section 5284 of this title. Copies of all 17
records relating to the case shall be forwarded to the Family Division. 18
Conditions of release and any Department of Corrections supervision or 19
custody shall remain in effect until: 20 BILL AS INTRODUCED H.411
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(1) the Family Division accepts the case for treatment as a youthful 1
offender and orders conditions of juvenile probation pursuant to section 5284 2
of this title; 3
(2) any conditions of release or bail are modified, amended, or vacated 4
pursuant to 13 V.S.A. chapter 229; or 5
(3)(2) the case is otherwise concluded. 6
(c)(b)(1) If the Family Division court rejects the case for youthful offender 7
treatment pursuant to section 5284 of this title, the case shall be transferred to 8
the Criminal Division. The conditions of release imposed by the Criminal 9
Division shall remain in effect, and the case shall proceed as though the motion 10
for youthful offender treatment or youthful offender petition had not been 11
filed. 12
(2) Subject to Rule 11 of the Vermont Rules of Criminal Procedure and 13
Rule 410 of the Vermont Rules of Evidence, the Family Division’s court’s 14
denial of the motion for youthful offender treatment and any information 15
related to the youthful offender proceeding shall be inadmissible against the 16
youth for any purpose in the subsequent Criminal Division proceeding. 17
(d)(c) If the Family Division accepts the case for youthful offender 18
treatment, the case shall proceed to a confidential merits hearing or admission 19
pursuant to sections 5227-5229 of this title the youth shall not be permitted to 20
withdraw the youth’s plea of guilty after youthful offender status is approved 21 BILL AS INTRODUCED H.411
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except to correct manifest injustice pursuant to Rule 32(d) of the Vermont 1
Rules of Criminal Procedure. 2
Sec. 25. 33 V.S.A. § 5282 is amended to read: 3
§ 5282. REPORT FROM THE DEPARTMENT 4
(a) Within 30 days after the youth has completed the risk and needs 5
screening pursuant to section 5280 of this title, unless the court extends the 6
period for good cause shown or the State’s Attorney refers the youth directly to 7
court diversion pursuant to subsection 5280(e) of this title, the Department for 8
Children and Families shall file a report with the Family Division of the 9
Superior Court. 10
(b) A report filed pursuant to this section shall include the following 11
elements: 12
(1) a recommendation as to whether diversion is appropriate for the 13
youth because the youth is a low to moderate risk to reoffend; 14
(2) a recommendation as to whether youthful offender status is 15
appropriate for the youth; and 16
(3) a description of the services that may be available for the youth. 17
(c) A report filed pursuant to this section is privileged and shall not be 18
disclosed to any person other than: 19
(1) the Department; 20
(2) the court; 21 BILL AS INTRODUCED H.411
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(3) the State’s Attorney; 1
(4) the youth, the youth’s attorney, and the youth’s guardian ad litem; 2
(5) the youth’s parent, guardian, or custodian if the youth is under 18 3
years of age, unless the court finds that disclosure would be contrary to the best 4
interests of the child; 5
(6) the Department of Corrections; or 6
(7) any other person when the court determines that the best interests of 7
the youth would make such a disclosure desirable or helpful. [Repealed.] 8
Sec. 26. 33 V.S.A. § 5283 is amended to read: 9
§ 5283. DISPOSITION HEARING IN FAMILY DIVISION 10
(a) Timeline. Unless the State’s Attorney refers the youth directly to court 11
diversion pursuant to subsection 5280(e) of this title, a youthful offender 12
consideration disposition hearing shall be held not later than 60 days after the 13
transfer of the case from the Criminal Division or filing of a youthful offender 14
petition in the Family Division 45 days after the filing of a motion or the filing 15
of a youthful offender petition under section 5280 of this title. 16
(b) Notice. Notice of the hearing shall be provided to the State’s Attorney; 17
the youth; the youth’s parent, guardian, or custodian; the victim; the 18
Department; and the Department of Corrections. The court shall not exclude 19
any victim from the proceeding or any portion of it unless, after hearing from 20
the parties and the victim, the court makes a finding on the record of good 21 BILL AS INTRODUCED H.411
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cause. As used in this subsection, “victim” means a person who is the victim 1
of a crime for which a youth is charged; a parent, guardian, or legal 2
representative of the victim; or a victim’s advocate. 3
(c) Hearing procedure. 4
(1) If the motion is contested, all parties shall have the right to present 5
evidence and examine witnesses. Hearsay may be admitted and may be relied 6
on to the extent of its probative value. If reports are admitted, the parties shall 7
be afforded an opportunity to examine those persons making the reports, but 8
sources of confidential information need not be disclosed. 9
(2) For individuals who had attained 18 years of age but not 22 years of 10
age at the time the act is alleged to have been committed, hearings under 11
5284(a) of this title shall be open to the public. All other youthful offender 12
proceedings shall be confidential. 13
(d) Burden of proof. The burden of proof shall be on the moving party to 14
prove by a preponderance of the evidence that a child should be granted 15
youthful offender status. If the court makes the motion, the burden shall be on 16
the youth. 17
(e) Further hearing. On its own motion or the motion of a party, the court 18
may schedule a further hearing to obtain reports or other information necessary 19
for the appropriate disposition of the case. 20 BILL AS INTRODUCED H.411
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Sec. 27. 33 V.S.A. § 5284 is amended to read: 1
§ 5284. YOUTHFUL OFFENDER DETERMINATION AND DISPOSITION 2
ORDER 3
(a)(1) In a hearing on a motion or petition for youthful offender status, the 4
court shall first consider whether public safety will be protected by treating the 5
youth as a youthful offender. If the court finds that public safety will not be 6
protected by treating the youth as a youthful offender, the court shall deny the 7
motion and transfer the case to the Criminal Division of the Superior Court 8
pursuant to subsection 5281(d) of this title, the conditions of release imposed 9
by the Criminal Division shall remain in effect, and the case shall proceed as 10
though the motion or petition for youthful offender treatment had not been 11
filed. If the court finds that public safety will be protected by treating the 12
youth as a youthful offender, the court shall proceed to make a determination 13
under subsection (b) of this section. 14
(2) When determining whether public safety will be protected by 15
treating the youth as a youthful offender, the court shall consider, on the basis 16
of the evidence admitted: 17
(A) the nature and circumstances of the charge and whether violence 18
was involved; 19
(B) the youth’s mental health treatment history and needs; 20
(C) the youth’s substance abuse history and needs; 21 BILL AS INTRODUCED H.411
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(D) the youth’s residential housing status; 1
(E) the youth’s employment and educational situation; 2
(F) whether the youth has complied with conditions of release; 3
(G) the youth’s criminal record and whether the youth has engaged in 4
subsequent criminal or delinquent behavior since the original charge; 5
(H) whether supervising the youth on youthful offender probation is 6
appropriate considering the nature of the charged offense and the age and 7
specialized needs of the youth; 8
(I) whether the youth has connections to the community; and 9
(J) the youth’s history of violence and history of illegal or violent 10
conduct involving firearms or other deadly weapons. 11
(b)(1) The court shall deny the motion if the court finds that: 12
(A) public safety will not be protected by treating the youth as a 13
youthful offender; 14
(B) the youth is not amenable to treatment or rehabilitation as a 15
youthful offender; or 16
(B)(C) there are insufficient services in the juvenile court system and 17
the Department for Children and Families and the Department of Corrections 18
to meet the youth’s treatment and rehabilitation needs. 19
(2) The court shall grant the motion if the court finds that: 20 BILL AS INTRODUCED H.411
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(A) public safety will be protected by treating the youth as a youthful 1
offender; 2
(B) the youth is amenable to treatment or rehabilitation as a youthful 3
offender; and 4
(B)(C) there are sufficient services in the juvenile court system and 5
the Department for Children and Families and the Department of Corrections 6
to meet the youth’s treatment and rehabilitation needs. 7
(c)(1) If the court approves the motion for youthful offender treatment after 8
an adjudication pursuant to subsection 5281(d) of this title, the court: 9
(A) shall place the youth on conditions of probation pursuant to 28 10
V.S.A. chapter 5, or such additional conditions imposed by the court, provided 11
that the requirements of this subdivision (A) may be satisfied by entering the 12
single condition of probation required under subdivision (C) of this subdivision 13
(c)(1); 14
(B) shall approve a disposition case plan and impose conditions of 15
juvenile probation on the youth; and 16
(C) shall include as a condition of probation adherence to the 17
disposition case plan approved by the court; and 18
(B)(D) may transfer legal custody of the youth to a parent, relative, 19
person with a significant relationship with the youth, or Commissioner of the 20 BILL AS INTRODUCED H.411
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Department for Children and Families, provided that any transfer of custody 1
shall expire on the youth’s 18th birthday. 2
(2) Prior to the approval of a disposition case plan, the court may refer a 3
child directly to a youth-appropriate community-based provider that has been 4
approved by the department and which that may include a community justice 5
center or a balanced and restorative justice program. Referral to a community-6
based provider pursuant to this subdivision shall not require the court to place 7
the child on probation. If the community-based provider does not accept the 8
case or if the child fails to complete the program in a manner deemed 9
satisfactory and timely by the provider, the child shall return to the court for 10
further proceedings, including the imposition of the disposition order. 11
(d)(1) The Department for Children and Families and the Department of 12
Corrections shall be responsible for supervision of and providing services to 13
the youth until the youth reaches 22 years of age the earlier of: 14
(A) the youth successfully completing treatment and supervision; or 15
(B) the revocation of the youth’s youthful offender designation 16
pursuant to section 5285 of this title. 17
(2) Both Departments the Department for Children and Families and the 18
Department of Corrections shall designate a case manager who together shall 19
appoint a lead Department department to have final decision-making authority 20
over the case plan and the provision of services to the youth. The youth shall 21 BILL AS INTRODUCED H.411
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be eligible for appropriate community-based programming and services 1
provided by both Departments the Agency of Human Services. 2
Sec. 28. 33 V.S.A. § 5285 is amended to read: 3
§ 5285. MODIFICATION OR REVOCATION OF DISPOSITION 4
(a) If it appears that the youth has violated the terms of juvenile probation 5
ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion 6
for modification or revocation of youthful offender status may be filed in the 7
Family Division of the Superior Court. The court shall set the motion for 8
hearing as soon as practicable within 30 days. The hearing may be joined with 9
a hearing on a violation of conditions of probation under section 5265 of this 10
title. A Consistent with the procedures of 28 V.S.A. § 301, a supervising 11
juvenile or adult probation officer may detain in an adult facility a youthful 12
offender who has attained 18 years of age for violating conditions of probation. 13
A youthful offender who has not attained 18 years of age may be detained in a 14
facility for juveniles pursuant to section 5266 of this title. A youthful offender 15
who is detained prior to attaining 18 years of age may be transferred to an adult 16
facility after the offender attains 18 years of age. 17
(b) A hearing under this section shall be held in accordance with section 18
5268 of this title. 19
(c) If the court finds after the hearing that the youth has violated the terms 20
of his or her the youth’s probation, the court may: 21 BILL AS INTRODUCED H.411
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(1) maintain the youth’s status as a youthful offender, with modified 1
conditions of juvenile probation if the court deems it appropriate; 2
(2) revoke the youth’s status as a youthful offender and transfer the case 3
with a record of the petition, affidavit, adjudication, disposition, and revocation 4
to the Criminal Division for sentencing; or 5
(3) transfer supervision of the youth to the Department of Corrections 6
with all of the powers and authority of the Department and the Commissioner 7
under Title 28, including graduated sanctions and electronic monitoring. 8
(d) If a youth’s status as a youthful offender is revoked and the case is 9
transferred to the Criminal Division pursuant to subdivision (c)(2) of this 10
section, the court shall enter a conviction of guilty based on the admission to or 11
finding of merits, hold a sentencing hearing, and impose sentence. Unless it 12
serves the interest of justice, the case shall not be transferred back to the 13
Family Division pursuant to section 5203 of this title. When determining an 14
appropriate sentence, the court may take into consideration the youth’s degree 15
of progress toward or regression from rehabilitation while on youthful offender 16
status. The Criminal Division shall have access to all Family Division records 17
of the proceeding. 18
Sec. 29. 33 V.S.A. § 5286 is amended to read: 19
§ 5286. REVIEW PRIOR TO 18 YEARS OF AGE 20 BILL AS INTRODUCED H.411
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(a) If a youth is on probation as a youthful offender prior to reaching 18 1
years of age, the Family Division court shall review the youth’s case before he 2
or she the youth reaches 18 years of age and set a hearing to determine whether 3
the court’s jurisdiction over the youth should be continued past 18 years of 4
age. The hearing may be joined with a motion to terminate youthful offender 5
status under section 5285 of this title. The court shall provide notice and an 6
opportunity to be heard at the hearing to the State’s Attorney, the youth, the 7
Department for Children and Families, and the Department of Corrections. 8
(b) After receiving a notice of review under this section, the State may file 9
a motion to modify or revoke pursuant to section 5285 of this title. If such a 10
motion is filed, it shall be consolidated with the review under this section and 11
all options provided for under section 5285 of this title shall be available to the 12
court. 13
(c) The following reports shall be filed with the court prior to the hearing: 14
(1) The Department for Children and Families and the Department of 15
Corrections shall jointly report their recommendations, with supporting 16
justifications, as to whether the Family Division court should continue 17
jurisdiction over the youth past 18 years of age and, if continued jurisdiction is 18
recommended, propose a case plan for the youth to ensure compliance with 19
and completion of the juvenile disposition. 20 BILL AS INTRODUCED H.411
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(2) If the Departments departments recommend continued supervision 1
of the youthful offender past 18 years of age, the Departments departments 2
shall report on the services that would be available for the youth. 3
(d) If the court finds that it is in the best interests of the youth and 4
consistent with community safety to continue the case past 18 years of age, it 5
shall make an order continuing the court’s jurisdiction up to 22 years of age. 6
The Department for Children and Families and the Department of Corrections 7
shall jointly develop a case plan for the youth and coordinate services and 8
share information to ensure compliance with and completion of the juvenile 9
youthful offender disposition. 10
(e) If the court finds that it is not in the best interests of the youth to 11
continue the case past 18 years of age, it shall terminate the disposition order, 12
discharge the youth, and dismiss the case in accordance with subsection 13
5287(c) of this title. 14
Sec. 30. 33 V.S.A. § 5287 is amended to read: 15
§ 5287. TERMINATION OR CONTINUANCE OF PROBATION 16
(a) A motion or stipulation may be filed at any time in the Family Criminal 17
Division requesting that the court terminate the youth’s status as a youthful 18
offender and discharge him or her the youth from probation. The motion may 19
be filed by the State’s Attorney, the youth, the Department, or the court on its 20
own motion. 21 BILL AS INTRODUCED H.411
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(b) In determining whether a youth has successfully completed the terms of 1
probation, the court shall consider: 2
(1) the degree to which the youth fulfilled the terms of the case plan and 3
the probation order; 4
(2) the youth’s performance during treatment; 5
(3) reports of treatment personnel; and 6
(4) any other relevant facts associated with the youth’s behavior. 7
(c) If the court finds that the youth has successfully completed the terms of 8
the probation order, it shall terminate youthful offender status, discharge the 9
youth from probation, and file a written order dismissing the Family Division 10
case. The Family Division shall provide notice of the dismissal to the Criminal 11
Division, which shall dismiss the criminal case. 12
(d) Upon discharge and dismissal under subsection (c) of this section, all 13
records relating to the case in the Criminal Division shall be expunged, and all 14
records relating to the case in the Family Court shall be sealed pursuant to 15
section 5119 of this title sealed. Notwithstanding any other provision of law or 16
a sealing order, entities may access and use sealed records in the following 17
circumstances, and the sealed record shall remain otherwise confidential: 18
(1) An entity or person that possesses a sealed record may continue to 19
use it for any litigation or claim arising out of the same incident or occurrence. 20 BILL AS INTRODUCED H.411
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(2) A criminal justice agency as defined in 20 V.S.A. § 2056a and the 1
Attorney General may use the criminal history record sealed in accordance 2
with section 7602 or 7603 of this title for criminal justice purposes as defined 3
in 20 V.S.A. § 2056a. 4
(3) A sealed record of a prior violation of 23 V.S.A. § 1201(a) shall be 5
admissible as a predicate offense for the purpose of imposing an enhanced 6
penalty for a subsequent violation of that section, in accordance with the 7
provisions of 23 V.S.A. § 1210. 8
(4) A person or a court in possession of an order issued by a court 9
regarding a matter that was subsequently sealed may file or cite to that decision 10
in any subsequent proceeding. The party or court filing or citing to that 11
decision shall ensure that information regarding the identity of the defendant in 12
the sealed record is redacted. 13
(5) The Vermont Crime Information Center and Criminal Justice 14
Information Services Division of the Federal Bureau of Investigations shall 15
have access to sealed criminal history records without limitation for the 16
purpose of responding to queries to the National Instant Criminal Background 17
Check System regarding firearms transfers and attempted transfers. 18
(6) The State’s Attorney and Attorney General may disclose information 19
contained in a sealed criminal history record when required to meet their 20
otherwise legally required discovery obligations. 21 BILL AS INTRODUCED H.411
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(7) The person whose criminal history records have been sealed 1
pursuant to this chapter and the person’s attorney may access and use the 2
sealed records. 3
(8) A law enforcement agency may inspect and receive copies of the 4
sealed criminal history records of any applicant who applies to the agency to 5
be a law enforcement officer or a current employee for the purpose of internal 6
investigation. 7
(9) Persons or entities conducting research shall have access to a sealed 8
criminal history record to carry out research pursuant to 20 V.S.A. § 2056b. 9
(10) Upon adopting rules outlining a process for handling sealed records 10
and maintaining confidentiality and the standards for determining when 11
information contained in a sealed record may be used for the purpose of 12
licensing decisions, the Vermont Criminal Justice Council may inspect and 13
receive copies of sealed criminal history records. Access to such records shall 14
not be permitted if the Legislative Committee on Administrative Rules objects 15
to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 16
or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 17
shall remain confidential and not be available for inspection and copying 18
unless and until the Council relies on such records in a public licensing 19
decision. 20 BILL AS INTRODUCED H.411
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(11) Upon adopting rules outlining a process for handling sealed records 1
and maintaining confidentiality and the standards for determining when 2
information contained in a sealed record may be used for the purpose of 3
licensing decisions, the Vermont Office of Professional Regulation may 4
inspect and receive copies of sealed criminal history records. Access to such 5
records shall not be permitted if the Legislative Committee on Administrative 6
Rules objects to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files 7
the objection or objections in certified form pursuant to 3 V.S.A. § 842(c). 8
Sealed records shall remain confidential and not be available for inspection and 9
copying unless and until the Office relies on such records in a public licensing 10
decision. 11
(12) Upon adopting rules outlining a process for handling sealed records 12
and maintaining confidentiality and the standards for determining when 13
information contained in a sealed record may be used for the purpose of 14
licensing decisions, the Vermont Board of Medical Practice may inspect and 15
receive copies of sealed criminal history records. Access to such records shall 16
not be permitted if the Legislative Committee on Administrative Rules objects 17
to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 18
or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 19
shall remain confidential and not be available for inspection and copying 20
unless and until the Board relies on such records in a public licensing decision. 21 BILL AS INTRODUCED H.411
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(e) If the court denies the motion to discharge the youth from probation, the 1
court may extend or amend the probation order as it deems necessary. 2
(f) Upon the termination of the period of probation, the youth shall be 3
discharged from probation. 4
* * * Public Inebriates * * * 5
Sec. 31. REPEAL 6
2019 Acts and Resolves No. 6, Secs. 99 and 100 (amendments to 18 V.S.A. 7
§§ 4810(d)–(j) and 4811 that prohibited public inebriates from being 8
incarcerated in a Department of Corrections’ facility) are repealed. 9
* * * Effective Dates * * * 10
Sec. 32. EFFECTIVE DATES 11
(a) This section and Secs. 14–17 (relating to recidivism) and Sec. 31 12
(relating to public inebriates) shall take effect on passage. 13
(b) Secs. 21 and 22 (relating to raise the age) shall take effect on March 31, 14
2025. 15
(c) Secs. 1–3 (relating to extradition), Secs. 4–6 (related to reduced and 16
suspended sentences), Secs. 7–9 (related to bail), Secs. 18–20 (relating to the 17
big 14 juvenile offenses), and Secs. 23–30 (relating to youthful offenders) shall 18
take effect on July 1, 2025. 19
(d) Secs. 10–13 (relating to sealing criminal history records) shall take 20
effect on September 1, 2025. 21