Vermont H 937: An act relating to supporting the work of the Executive Director of Racial Equity

Bill Text

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No. 165. An act relating to miscellaneous judiciary procedures.
(H.937)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 3 V.S.A. chapter 7 is amended to read:
CHAPTER 7. ATTORNEY GENERAL
* * *
Subchapter 3. Profits from Crime
§ 171. DEFINITION
As used in this subchapter, “profits from crimes” means:
(1) any property obtained through or income generated from the
commission of a crime in which the defendant was convicted;
(2) any property obtained by or income generated from the sale,
conversion, or exchange of proceeds of a crime, including any gain realized by
such sale, conversion, or exchange;
(3) any property that the defendant obtained or any income generated as
a result of having committed the crime, including any assets obtained through
the use of unique knowledge acquired during the commission of or in
preparation for the commission of the crime, as well as any property obtained
or income generated from the sale, conversion, or exchange of such property
and any gain realized by such sale, conversion, or exchange; and
(4) any property that the defendant obtained or any income generated
from the sale of tangible property the value of which is increased by the

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notoriety gained from the conviction of an offense by the person accused or
convicted of the crime.
§ 172. NOTICE OF PROFITS FROM A CRIME
(a) Every person, firm, corporation, partnership, association, or other legal
entity that knowingly contracts for, pays, or agrees to pay any profits from a
crime to a person charged with or convicted of that crime shall give written
notice to the Attorney General of the payment or obligation to pay as soon as is
practicable after discovering that the payment is or will be a profit from a
crime.
(b) The Attorney General, upon receipt of notice of a contract, agreement
to pay, or payment of profits of the crime shall send written notice of the
existence of such profits to all known victims of the crime at their last known
addresses.
§ 173. ACTIONS TO RECOVER PROFITS FROM A CRIME
(a) Notwithstanding any other provision of law, including any statute of
limitations, any crime victim shall have the right to bring a civil action in a
court of competent jurisdiction to recover money damages from a person
convicted of that crime, or the legal representative of that convicted person,
within three years after the discovery of any profits from the crime. Any
damages awarded in such action shall be recoverable only up to the value of
the profits of the crime. This section shall not limit the right of a victim to
proceed or recover under another cause of action.

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(b) The Attorney General may, within three years after the discovery of any
profits from the crime, bring a civil action on behalf of the State to enforce the
subrogation rights described in 13 V.S.A. § 5357.
(c) If the full value of any profits from the crime has not yet been claimed
by either the victim of the crime or the victim’s representative, the Attorney
General, or both, within three years after the discovery of such profits, then the
State may bring a civil action in a court of competent jurisdiction to recover
the costs incurred by providing the defendant with counsel, if any, and other
costs reasonably incurred or to be incurred in the incarceration of the
defendant.
(d) Upon the filing of an action pursuant to subsection (a) of this section,
the victim shall deliver a copy of the summons and complaint to the Attorney
General. Upon receipt of a copy of the summons and complaint, the Attorney
General shall send written notice of the alleged existence of profits from the
crime to all other known victims at their last known addresses.
(e) To avoid the wasting of assets identified in the complaint as newly
discovered profits of the crime, the Attorney General, acting on behalf of the
plaintiff and all other victims, shall have the right to apply for all remedies that
are also otherwise available to the victim.

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Sec. 2. 7 V.S.A. § 656 is amended to read:
§ 656. PERSON 12 YEARS OF AGE OR OLDER AND UNDER 21 YEARS
OF AGE MISREPRESENTING AGE, PROCURING, POSSESSING,
OR CONSUMING ALCOHOLIC BEVERAGES; IMPAIRED
DRIVING; POSSESSION OF CANNABIS; CIVIL VIOLATION
* * *
(b) Prohibited conduct; offenses.
(1) Prohibited conduct. A person 12 years of age or older and under
21 years of age shall not:
(A) Falsely represent the person’s age for the purpose of procuring or
attempting to procure malt or vinous beverages, ready-to-drink spirits
beverages, spirits, or fortified wines from any licensee, State liquor agency, or
other person or persons.
(B) Possess malt or vinous beverages, ready-to-drink spirits
beverages, spirits, or fortified wines for the purpose of consumption by the
person or other minors, except in the regular performance of duties as an
employee of