Vermont H 781: An act relating to farm-based manufacturers of alcoholic beverages

Bill Text

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VT LEG #385896 v.1
H.781 1
Introduced by Representatives Dobrovich of Williamstown, Bosch of 2
Clarendon, Boutin of Barre City, Burtt of Cabot, Coffin of 3
Cavendish, Galfetti of Barre Town, Goslant of Northfield, 4
Maguire of Rutland City, Morgan, M. of Milton, Nelson of 5
Derby, Nielsen of Brandon, and Wells of Brownington 6
Referred to Committee on 7
Date: 8
Subject: Juvenile proceedings 9
Statement of purpose of bill as introduced: This bill proposes to expand the 10
number of offenses that commence in the Criminal Division of the Superior 11
Court rather than the Family Division when committed by a juvenile. 12
An act relating to filing certain juvenile offenses in the Criminal Division 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 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

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Superior Court, provided that jurisdiction may be transferred in accordance 1
with this chapter and chapter 52A of this title, unless the State’s Attorney files 2
the charge directly as a youthful offender petition in the Family Division. 3
(2)(A) Any proceeding concerning a child who is alleged to have 4
committed one of the following acts after attaining 14 years of age, but not 22 5
years of age, shall originate in the Criminal Division of the Superior Court, 6
provided that jurisdiction may be transferred in accordance with this chapter 7
and chapter 52A of this title, unless the State’s Attorney files the charge 8
directly as a youthful offender petition in the Family Division: 9
(i) a violation of a condition of release as defined in 13 V.S.A. 10
§ 7559 imposed by the Criminal Division for any of the offenses listed in 11
subsection 5204(a) of this title; or 12
(ii) a violation of a condition of release as defined in 13 V.S.A. 13
§ 7559 imposed by the Criminal Division for an offense that was transferred 14
from the Family Division pursuant to section 5204 of this title. 15
(B) This subdivision (2) shall not apply to a proceeding that is the 16
subject of a final order accepting the case for youthful offender treatment 17
pursuant to subsection 5281(d)(c) of this title. 18
(3) Any proceeding concerning a child who is alleged to have committed 19
one of the following acts after attaining 16 years of age, but not 22 years of 20
age, shall originate in the Criminal Division of the Superior Court, provided 21

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that jurisdiction may be transferred in accordance with this chapter and chapter 1
52A of this title, unless the State’s Attorney files the charge directly as a 2
youthful offender petition in the Family Division: 3
(A) using a firearm while committing a felony in violation of 13 4
V.S.A. § 4005, or an attempt to commit that offense; 5
(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 6
subchapter 1, or an attempt to commit that offense; or 7
(C) aggravated stalking as defined in 13 V.S.A. § 1063(a)(3), or an 8
attempt to commit that offense. 9
(d) Any proceeding concerning a child who is alleged to have committed 10
any offense other than those specified in subsection 5204(a) of this title or 11
subdivision (c)(2) or (3) of this section before attaining 19 years of age shall 12
originate in the Family Division of the Superior Court, provided that 13
jurisdiction may be transferred in accordance with this chapter. 14
* * * 15
Sec. 2. 33 V.S.A. § 5203 is amended to read: 16
§ 5203. TRANSFER FROM OTHER COURTS 17
(a) If it appears to a Criminal Division of the Superior Court that the 18
defendant was under 19 years of age at the time the offense charged was 19
alleged to have been committed and the offense charged is an offense not 20
specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, 21

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that court shall forthwith transfer the proceeding to the Family Division of the 1
Superior Court under the authority of this chapter, and the minor shall then be 2
considered to be subject to this chapter as a child charged with a delinquent 3
act. 4
(b) If it appears to a Criminal Division of the Superior Court that the 5
defendant had attained 14 years of age but not 18 years of age at the time an 6
offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this 7
title was alleged to have been committed, that court may forthwith transfer the 8
proceeding to the Family Division of the Superior Court under the authority of 9
this chapter, and the minor shall then be considered to be subject to this chapter 10
as a child