Vermont S 186: An act relating to jurisdiction of the Criminal Division over plea agreements in proceedings related to juvenile offenders

Bill Text

BILL AS INTRODUCED S.186
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VT LEG #385914 v.1
S.186 1
Introduced by Senator Hashim 2
Referred to Committee on 3
Date: 4
Subject: Juvenile proceedings; jurisdiction of Criminal Division; plea 5
agreements 6
Statement of purpose of bill as introduced: This bill proposes to permit a 7
juvenile offender in a criminal proceeding in the Criminal Division to elect to 8
enter a plea agreement to a lesser offense in the Criminal Division rather than 9
entering the plea agreement in the Family Division. 10
An act relating to jurisdiction of the Criminal Division over plea agreements 11
in proceedings related to juvenile offenders 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 33 V.S.A. § 5201 is amended to read: 14
§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS 15
* * * 16
(d)(1) Any Unless subdivision (2) of this subsection applies, any 17
proceeding concerning a child who is alleged to have committed any offense 18
other than those specified in subsection 5204(a) of this title or subdivision 19
(c)(2) or (3) of this section before attaining 19 years of age shall originate in 20

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VT LEG #385914 v.1
the Family Division of the Superior Court, provided that jurisdiction may be 1
transferred in accordance with this chapter. 2
(2) In a proceeding in the Criminal Division concerning a child who is 3
alleged to have committed an offense specified in subsection 5204(a) of this 4
title or subdivision (c)(2) or (3) of this section, the child may elect to enter a 5
plea agreement in the Criminal Division to an offense other than one specified 6
in subsection 5204(a) of this title or subdivision (c)(2) or (3) of this section. If 7
the child elects to enter a plea agreement pursuant to this subdivision, the 8
Criminal Division shall retain jurisdiction over the proceeding. 9
* * * 10
Sec. 2. 33 V.S.A. § 5203 is amended to read: 11
§ 5203. TRANSFER FROM OTHER COURTS 12
(a) If it appears to a Criminal Division of the Superior Court that the 13
defendant was under 19 years of age at the time the offense charged was 14
alleged to have been committed and the offense charged is an offense not 15
specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, 16
that court shall, unless the child elects to enter a plea agreement in the Criminal 17
Division pursuant to subdivision 5201(d)(2) of this title, forthwith transfer the 18
proceeding to the Family Division of the Superior Court under the authority of 19
this chapter, and the minor shall then be considered to be subject to this chapter 20
as a child charged with a delinquent act. 21

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VT LEG #385914 v.1
* * * 1
(c) If it appears to the State’s Attorney that the defendant was under 19 2
years of age at the time the felony offense charged was alleged to have been 3
committed and the felony charged is not an offense specified in subsection 4
5204(a) or subdivision 5201(c)(2) or (3) of this title, the State’s Attorney shall, 5
unless the child elects to enter a plea agreement in the Criminal Division 6
pursuant to subdivision 5201(d)(2) of this title, file charges in the Family 7
Division of the Superior Court, pursuant to section 5201 of this title. The 8
Family Division may transfer the proceeding to the Criminal Division pursuant 9
to section 5204 of this title. 10
* * * 11
Sec. 3. 33 V.S.A. § 5201 is amended to read: 12
§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS 13
* * * 14
(d)(1) Any Unless subdivision (2) of this subsection applies, any 15
proceeding concerning a child who is alleged to have committed any offense 16
other than those specified in subsection 5204(a) of this title or subdivision 17
(c)(2) or (3) of this section before attaining 20 years of age shall originate in 18
the Family Division of the Superior Court, provided that jurisdiction may be 19
transferred in accordance with this chapter. 20

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VT LEG #385914 v.1
(2) In a proceeding in the Criminal Division concerning a child who is 1
alleged to have committed an offense specified in subsection 5204(a) of this 2
title or subdivision (c)(2) or (3) of this section, the child may elect to enter a 3
plea agreement in the Criminal Division to an offense other than one specified 4
in subsection 5204(a) of this title or subdivision (c)(2) or (3) of this section. If 5
the child elects to enter a plea agreement pursuant to this subdivision, the 6
Criminal Division shall retain jurisdiction over the proceeding. 7
* * * 8
Sec. 4. 33 V.S.A. § 5203 is amended to read: 9
§ 5203. TRANSFER FROM OTHER COURTS 10
(a) If it appears to a Criminal Division of the Superior Court that the 11
defendant was under 20 years of age at the time the offense charged was 12
alleged to have been committed and the offense charged is an offense not 13
specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, 14
that court shall, u