| 1 | 1 | | BILL AS INTRODUCED S.94 |
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| 2 | 2 | | 2025 Page 1 of 3 |
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| 5 | 5 | | VT LEG #381099 v.1 |
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| 6 | 6 | | S.94 1 |
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| 7 | 7 | | Introduced by Senators Vyhovsky and Plunkett 2 |
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| 8 | 8 | | Referred to Committee on 3 |
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| 9 | 9 | | Date: 4 |
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| 10 | 10 | | Subject: Executive; Attorney General; crimes 5 |
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| 11 | 11 | | Statement of purpose of bill as introduced: This bill proposes to designate the 6 |
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| 12 | 12 | | Attorney General as the primary enforcement authority for certain criminal 7 |
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| 13 | 13 | | offenses. 8 |
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| 14 | 14 | | An act relating to the duty of the Attorney General to enforce certain 9 |
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| 15 | 15 | | criminal offenses 10 |
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| 16 | 16 | | It is hereby enacted by the General Assembly of the State of Vermont: 11 |
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| 17 | 17 | | Sec. 1. 3 V.S.A. § 152 is amended to read: 12 |
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| 18 | 18 | | § 152. SCOPE OF AUTHORITY 13 |
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| 19 | 19 | | (a) The Attorney General may represent the State in all civil and criminal 14 |
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| 20 | 20 | | matters as at common law and as allowed by statute. The Attorney General 15 |
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| 21 | 21 | | shall also have the same authority throughout the State as a State’s Attorney. 16 |
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| 22 | 22 | | The Attorney General shall represent members of the General Assembly in all 17 |
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| 23 | 23 | | civil matters arising from or relating to the performance of legislative duties. 18 |
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| 24 | 24 | | (b)(1) Except as provided in subdivision (2) of this subsection, 19 |
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| 25 | 25 | | notwithstanding any other provision of law, the Attorney General shall take 20 BILL AS INTRODUCED S.94 |
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| 29 | 29 | | VT LEG #381099 v.1 |
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| 30 | 30 | | primary, but not exclusive, authority for representing the State in the following 1 |
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| 31 | 31 | | matters: 2 |
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| 32 | 32 | | (A) all criminal charges in which the State’s Attorney in the county 3 |
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| 33 | 33 | | where the charge would be brought has a conflict of interest that necessitates a 4 |
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| 34 | 34 | | change in prosecution for the State; 5 |
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| 35 | 35 | | (B) cases related to allegations of law enforcement use of excessive 6 |
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| 36 | 36 | | force and law enforcement discharge of a weapon that results in bodily injury, 7 |
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| 37 | 37 | | serious bodily injury, or death; 8 |
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| 38 | 38 | | (C) cases in which a locally elected official has allegedly committed 9 |
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| 39 | 39 | | a crime; 10 |
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| 40 | 40 | | (D) cases in which the alleged criminal activity occurred in more 11 |
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| 41 | 41 | | than one county; 12 |
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| 42 | 42 | | (E) Judicial Bureau appeals pursuant to 4 V.S.A. § 1107; 13 |
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| 43 | 43 | | (F) fish and wildlife conservation violations under Title 10 part 4, 14 |
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| 44 | 44 | | except for minor fish and wildlife violations as defined in 10 V.S.A. § 4572; 15 |
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| 45 | 45 | | (G) abuse, neglect, and exploitation of vulnerable adults pursuant to 16 |
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| 46 | 46 | | 13 V.S.A. chapter 28; 17 |
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| 47 | 47 | | (H) home improvement and land improvement fraud pursuant to 18 |
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| 48 | 48 | | 13 V.S.A. § 2029; 19 |
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| 49 | 49 | | (I) human trafficking pursuant to 13 V.S.A. chapter 60, subchapter 1; 20 |
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| 50 | 50 | | (J) timber trespass pursuant to 13 V.S.A. § 3606a; 21 BILL AS INTRODUCED S.94 |
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| 54 | 54 | | VT LEG #381099 v.1 |
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| 55 | 55 | | (K) truancy pursuant to 16 V.S.A. § 1127; 1 |
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| 56 | 56 | | (L) involuntary commitment proceedings pursuant to 13 V.S.A. 2 |
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| 57 | 57 | | § 4820 and 18 V.S.A. chapter 181; and 3 |
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| 58 | 58 | | (M) fraud relating to public assistance benefits pursuant to 33 V.S.A. 4 |
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| 59 | 59 | | chapter 1, subchapter 5. 5 |
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| 60 | 60 | | (2) A State’s Attorney and the Attorney General may stipulate that the 6 |
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| 61 | 61 | | State’s Attorney will prosecute a particular case that falls within the categories 7 |
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| 62 | 62 | | in subdivision (1) of this subsection. Absent such stipulation, the Attorney 8 |
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| 63 | 63 | | General shall have primary enforcement authority for the State. 9 |
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| 64 | 64 | | Sec. 2. EFFECTIVE DATE 10 |
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| 65 | 65 | | This act shall take effect on September 1, 2025. 11 |
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