Vermont H 223: An act relating to residential rental agreements for substance abuse recovery homes

Bill Text

BILL AS INTRODUCED H.223
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VT LEG #379280 v.2
H.223 1
Introduced by Representatives Arsenault of Williston and Priestley of 2
Bradford 3
Referred to Committee on 4
Date: 5
Subject: Crimes and criminal procedure; stalking; abuse prevention orders 6
Statement of purpose of bill as introduced: This bill proposes to clarify that 7
the use of tracking technology to follow a person’s movements without the 8
person’s consent is included within the meaning of course of conduct for 9
purposes of the crime of stalking; to prohibit a person from knowingly 10
installing, concealing, or otherwise placing or using an electronic tracking 11
device in or on a motor vehicle without the consent of the operator and all 12
occupants of the vehicle for the purpose of monitoring or following the 13
operator, occupant, or occupants of the vehicle; to permit a plaintiff seeking a 14
relief from abuse order to request the possession of a vehicle for a set period of 15
time if possession of the vehicle is necessary to escape abuse or future abuse; 16
and to establish a process whereby domestic violence survivors can quickly 17
terminate or disable an abuser’s access to a vehicle’s connected services even 18
if the abuser is the account holder. 19
An act relating to stalking through the use of tracking technology 20

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VT LEG #379280 v.2
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 13 V.S.A. § 1061 is amended to read: 2
§ 1061. DEFINITIONS 3
As used in this subchapter: 4
(1)(A) “Course of conduct” means two or more acts over a period of 5
time, however short, in which a person follows, monitors, surveils, threatens, 6
or makes threats about another person, or interferes with another person’s 7
property or residence. This definition shall apply to acts conducted by the 8
person directly or indirectly, and by any action, method, device, or means. 9
Constitutionally protected activity is not included within the meaning of 10
“course of conduct.” 11
(B) As used in subdivision (A) of this subdivision (1), threaten shall 12
not be construed to require an express or overt threat. 13
(C)(i) As used in subdivision (A) of this subdivision (1), “course of 14
conduct” includes use of any electronic, digital, or Global Positioning System 15
device to surveil a specific person or a specific person’s internet or wireless 16
activity continuously for 12 hours or more or on two or more occasions over a 17
period of time, however short, without authorization. 18
(ii) Conduct in violation of section 1165 of this title shall 19
constitute course of conduct for purposes of this chapter. 20

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VT LEG #379280 v.2
(2) “Emotional distress” means significant mental suffering or distress 1
that may, but does not necessarily, require medical or other professional 2
treatment or counseling. 3
(3) “Reasonable person” means a reasonable person in the victim’s 4
circumstances. 5
(4) “Stalk” means to engage purposefully in a course of conduct directed 6
at a specific person that the person engaging in the conduct knows or should 7
know would cause a reasonable person to fear for his or her the person’s safety 8
or the safety of another or would cause a reasonable person substantial 9
emotional distress. 10
Sec. 2. 13 V.S.A. § 1065 is added to read: 11
§ 1065. ELECTRONIC TRACKING OF MOTOR VEHICLES 12
(a) Definitions. As used in this section: 13
(1) “Dealer” has the same meaning as in 23 V.S.A. § 4. 14
(2) “Motor vehicle” has the same meaning as in 23 V.S.A. § 4. 15
(3) “Person” does not include the manufacturer of the motor vehicle, 16
provider of telematics equipment and services, or entities that rent motor 17
vehicles. 18
(4) “Starter interrupt technology” means technology used to remotely 19
disable the starter of a motor vehicle. 20

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VT LEG #379280 v.2
(b) Offense. Except as provided in subsection (c) of this section, no person 1
shall knowingly install, conceal, or otherwise place or use an electronic 2
tracking device in or on a motor vehicle without the consent of the operator 3
and all occupants of the vehicle for the purpose of monitoring or following the 4
operator, occupant, or occupants of the vehicle or direct any other person to do 5
so. 6
(c) Exceptions. 7
(1) It shall not be a violation if the installation, concealment, placement, 8
or use of an electronic tracking device in or on a motor vehicle is by, or at the 9
direction of, a law enforcement officer in furtherance of a criminal 10
investigation and is carried out in accordance with the applicable State and 11
federal law. 12
(2) If the installation, concealment, placement, or use of an electronic 13
tracking device in or on a motor vehicle is by, or at the direction of, a parent or 14
legal guardian who owns or leases the vehicle, and if the device is used solely 15
for the purpose of monitoring the minor child of the