Vermont H 780: An act relating to listing the price of spirits and fortified wines

Bill Text

BILL AS INTRODUCED H.780
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VT LEG #386230 v.1
H.780 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
Howland of Rutland Town, Keyser of Rutland City, Kleppner 5
of Burlington, Luneau of St. Albans City, Maguire of Rutland 6
City, Morgan, M. of Milton, Nelson of Derby, Nielsen of 7
Brandon, Pinsonault of Dorset, Southworth of Walden, 8
Tagliavia of Corinth, and Wells of Brownington 9
Referred to Committee on 10
Date: 11
Subject: Criminal procedures; sentencing; mandatory minimums 12
Statement of purpose of bill as introduced: This bill proposes to establish 13
mandatory minimum sentences of incarceration for retail theft and drug 14
trafficking. 15
An act relating to establishing mandatory minimum sentences of 16
incarceration for retail theft and drug trafficking 17
It is hereby enacted by the General Assembly of the State of Vermont: 18
Sec. 1. 13 V.S.A. chapter 57, subchapter 4 is amended to read: 19
Subchapter 4. Shoplifting 20

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§ 2575. OFFENSE OF RETAIL THEFT 2
A person commits the offense of retail theft when the person, with intent of 3
depriving a merchant wrongfully of the lawful possession of merchandise, 4
money, or credit: 5
(1) takes and carries away or causes to be taken and carried away or aids 6
and abets the carrying away of any merchandise from a retail mercantile 7
establishment without paying the retail value of the merchandise; or 8
* * * 9
§ 2577. PENALTY 10
(a) A person convicted of the offense of retail theft of merchandise having 11
a retail value not in excess of $250.00 shall be punished by a fine of not more 12
than $500.00 or imprisonment for not more than 30 days, or both. 13
(b) A person convicted of the offense of retail theft of merchandise having 14
a retail value in excess of $250.00 and not in excess of $900.00 shall: 15
(1) for a first offense, be punished by a fine of not more than $500.00 or 16
imprisonment for not more than six months, or both; 17
(2) for a second offense, be punished by a fine of not more than 18
$1,000.00 or imprisonment for not more than two years, if the second offense 19
occurs not more than two years after the first offense; 20

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(3) for a third offense, be punished by a fine of not more than $1,500.00 1
or imprisonment for not more than three years, or both, if the third offense 2
occurs not more than two years after the second offense, provided that at least 3
60 consecutive days of the sentence of imprisonment shall be served and may 4
not be suspended or deferred or served as a supervised sentence; or 5
(4) for a fourth or subsequent offense, be punished by a fine of not more 6
than $2,500.00 or imprisonment for not more than 10 years, or both, if the 7
fourth or subsequent offense occurs not more than two years after the 8
immediately preceding offense, provided that at least six consecutive months 9
of the sentence of imprisonment shall be served and may not be suspended or 10
deferred or served as a supervised sentence. 11
(c)(1) A person convicted of the offense of retail theft of merchandise 12
having a retail value in excess of $900.00 shall be punished by a fine of not 13
more than $1,000.00 or imprisonment for not more than 10 years, or both. 14
(2) A person who is convicted of a third offense of retail theft of 15
merchandise having a retail value in excess of $900.00 shall be punished 16
pursuant to subdivision (1) of this subsection, provided that at least six 17
consecutive months of the sentence of imprisonment shall be served and may 18
not be suspended or deferred or served as a supervised sentence. 19
(3) A person who is convicted of a fourth or subsequent offense of retail 20
theft of merchandise having a retail value in excess of $900.00 shall be 21

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punished pursuant to subdivision (1) of this subsection, provided that at least 1
12 consecutive months of the sentence of imprisonment shall be served and 2
may not be suspended or deferred or served as a supervised sentence. 3
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Sec. 2. 18 V.S.A. § 4238 is amended to read: 5
§ 4238. SECOND AND SUBSEQUENT OFFENSES; MANDATORY 6
MINIMUMS FOR TRAFFICKING OFFENSES 7
(a) A person convicted of a second or subsequent offense of violating 8
section 4228, 4230, 4231, 4232, 4233, 4234, 4235, 4236, or 4237 of this title, 9
except a violation of subdivision 4230(a)(1), shall be subject to a term of 10
imprisonment or fined up to twice that authorized by those sections, or both. 11
(b) A person convicted of trafficking cannabis in violation of subsection 12
4230(c) of this title, trafficking cocaine in violation of subsection 4231(c) of 13
this title, trafficking heroin in violation of subsection 4233(c) of this title, 14
trafficking fentan