Vermont H 409: An act relating to appeals of orders denying bail revocation

Bill Text

BILLAS PASSED BY THE HOUSE H.409
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H.409
Introduced by Representative LaLonde of South Burlington
Referred to Committee on
Date:
Subject: Crimes; bail and recognizances; bail revocation
Statement of purpose of bill as introduced: This bill proposes to develop the
procedure to follow to revoke a defendant’s bail or conditions of release.
Specifically, the bill proposes to align the procedure and terminology of the
bail revocation statute in accordance with State v. Sauve, 159 Vt. 566 (1993)
and its progeny.
An act relating to the procedures for bail revocation
An act relating to appeals of orders denying bail revocation
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. INTENT
It is the intent of the General Assembly that its bail revocation statute is
consistent with State v. Sauve, 159 Vt. 566 (1993); State v. Gates, 2016 VT 36;
and their progeny so that repeated failures to appear in court, repeated
violations of conditions of release, and other violations of court orders
constitute a compelling State interest that falls within the statutory definition
of “disrupts the prosecution.”
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Sec. 2. 13 V.S.A. § 7575 is amended to read:
§ 7575. REVOCATION OF THE RIGHT TO BAIL
(a) Revocation bases. The right to bail may be revoked entirely if the
judicial officer finds that the accused defendant has:
(1) intimidated or harassed a victim, potential witness, juror, or judicial
officer in violation of a condition of release; or
(2) repeatedly violated conditions of release in a manner that impedes
disrupts the prosecution of the accused; or
(3) violated a condition or conditions of release that constitute a threat
to the integrity of the judicial system; or
(4) without just cause, failed to appear at a specified time and place
ordered by a judicial officer; or
(5) in violation of a condition of release, been charged with a felony or
a crime against a person or an offense similar to the underlying charge, for
which, after hearing, probable cause is found.
(b) Procedure.
(1) At any time during which a defendant is released prior to trial
pursuant to section 7554 of this title, a prosecutor may move, or the court on
its own motion, to revoke bail based on the conduct identified in subsection (a)
of this section.
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(2)(A) The State shall have the burden of proving by a preponderance of
the evidence that the accused engaged in the conduct identified in subsection
(a) of this section.
(B) Any evidence presented may be shown through affidavits or
sworn statements, provided the defendant has the opportunity to present direct
evidence at a hearing.
(3) Notwithstanding Rule 3 of the Vermont Rules of Criminal
Procedure, after issuance of an order revoking bail pursuant to subsection (c)
of this section, a law enforcement officer may arrest the person subject to the
order without a warrant.
(4) The prosecutor or the defendant may move, or the court upon its
own motion, to review a bail revocation order issued pursuant to subsection (c)
of this section. Any review shall be scheduled at the discretion of the court.
(5) After issuance of a bail revocation order pursuant to subsection (c)
of this section or disposition of a request to review the order pursuant to
subdivision (b)(4) of this section, the prosecutor may move to forfeit any bail
or bond in accordance with section 7560a of this title.
(c) Orders.
(1) After notice to the defendant and a hearing, the court may issue an
order revoking bail only upon a finding that a legitimate and compelling State
interest exists to revoke bail.
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(2) In any order revoking bail, the court shall make a specific finding
that the State met its burden pursuant to subdivision (b)(2) of this section.
(d) Speedy trial.
(1) Once the court issues an order revoking bail, the court shall set the
defendant’s case for trial not more than 60 days from the date of revocation.
(2) If the trial is not commenced within 60 days following revocation
and the delay is not attributable to the defense, the court shall immediately
schedule a bail hearing in accordance with section 7554 of this title.
Sec. 3. 13 V.S.A. § 7576 is amended to read:
§ 7576. DEFINITIONS
As used in this chapter:
* * *
(4) “Disrupt the prosecution” means, in addition to any other meaning
recognized by law, committing a criminal offense or violating a condition of
release by a defendant who has been released pending trial for another offense
and demonstrates that there is no condition or combination of conditions of
release that will reasonably mitigate the defendant’s risk of flight from
prosecution, reasonably mitigate the defendant’s risk to public safety, or
reasonably ensure the defendant’s complianc