Vermont H 222: An act relating to excluding serious violent felonies from youthful offender status for individuals 18 years of age or older

Bill Text

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VT LEG #384188 v.1
No. 46. An act relating to civil orders of protection.
(H.222)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 12 V.S.A. § 5131 is amended to read:
§ 5131. DEFINITIONS
As used in this chapter:
(1)(A) “Course of conduct” means:
(i) two or more acts over a period of time, however short, in which
a person follows, monitors, surveils, threatens, or makes threats about another
person, or interferes with another person’s property; or
(ii) use of any electronic, digital, or precise geolocation device or
software or application to surveil a specific person or a specific person’s
internet or wireless activity continuously for 12 hours or more or on two or
more occasions over a period of time, however short, without authorization.
(B) This definition shall apply to acts conducted by the person
directly or indirectly, and by any action, method, device, or means.
Constitutionally protected activity is not included within the meaning of
“course of conduct.”
(B)(C) As used in subdivision (A) of this subdivision (1), threaten
shall not be construed to require an express or overt threat.
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(4) “Reasonable person” means a reasonable person in the victim’s
circumstances.
(5) “Sexually assaulted the plaintiff” means that the defendant engaged
in conduct that meets elements of lewd and lascivious conduct as defined in
13 V.S.A. § 2601, lewd and lascivious conduct with a child as defined in
13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, aggravated
sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual
performance as defined in 13 V.S.A. § 2822, or consenting to a sexual
performance as defined in 13 V.S.A. § 2823, and that the plaintiff was the
victim of the offense.
(6) “Stalk” means to engage purposefully in a course of conduct directed
at a specific person that the person engaging in the conduct knows or should
know would cause a reasonable person to:
(A) fear for his or her the person’s safety or the safety of a family
member; or
(B) suffer substantial emotional distress as evidenced by:
(i) a fear of unlawful sexual conduct, unlawful restraint, bodily
injury, or death; or
(ii) significant modifications in the person’s actions or routines,
including moving from an established residence, changes to established daily
routes to and from work that cause a serious disruption in the person’s life,

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changes to the person’s employment or work schedule, or the loss of a job or
time from work.
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Sec. 2. 15 V.S.A. § 1103 is amended to read:
§ 1103. REQUESTS FOR RELIEF
(a) Any family or household member may seek relief from abuse by
another family or household member on behalf of himself or herself
themselves or his or her their children by filing a complaint under this chapter.
A minor 16 years of age or older, or a minor of any age who is in a dating
relationship as defined in subdivision 1101(2) of this chapter, may file a
complaint under this chapter seeking relief on his or her the minor’s own
behalf. The plaintiff shall submit an affidavit in support of the order.
(b) Except as provided in section 1104 of this title, the court shall grant
relief only after notice to the defendant and a hearing. The plaintiff shall have
the burden of proving abuse by a preponderance of the evidence.
(c)(1) The court shall make such orders as it deems necessary to protect the
plaintiff or the children, or both, if the court finds that the defendant has
abused the plaintiff, and:
(A) there is a danger of further abuse; or
(B) the defendant is currently incarcerated and has been convicted of
one of the following: murder, attempted murder, kidnapping, domestic assault,
aggravated domestic assault, sexual assault, aggravated sexual assault,

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stalking, aggravated stalking, lewd or lascivious conduct with a child, use of a
child in a sexual performance, or consenting to a sexual performance.
(2) The court order may include the following:
(A) An order that the defendant refrain from abusing the plaintiff or
his or her the plaintiff’s children, or both, and from interfering with their
personal liberty, including restrictions on the defendant’s ability to contact the
plaintiff or the plaintiff’s children, or both, in any way, whether directly,
indirectly, or through a third party, with the purpose of making contact with the
plaintiff, including in writing or by telephone, e-mail email, or other electronic
communication, and restrictions prohibiting the defendant from coming within
a fixed distance of the plaintiff, the children, the plaintiff’s residence, or other
designated locations where the plaintiff or the plaintiff’s children are likely to
spend time.
(B) An order that the defendant immediately vacate the household
and that the plaintiff be awarded sole possession of a residence.
(C) A temporary award