Vermont H 18: An act relating to prohibiting the sale of cannabis and tobacco products utilizing single-use filters

Bill Text

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H.18 1
Introduced by Representatives Arsenault of Williston, Dolan of Essex 2
Junction, and Rachelson of Burlington 3
Referred to Committee on 4
Date: 5
Subject: Crimes; driving with license suspended; decriminalization 6
Statement of purpose of bill as introduced: This bill proposes to create a civil 7
violation for individuals who commit a nonmoving violation of a motor 8
vehicle after the individuals’ privilege to operate a motor vehicle is suspended 9
or revoked for a third or subsequent time within a two-year period of the first 10
offense. 11
An act relating to decriminalizing nonmoving DLS violations for third-time 12
offenders 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 23 V.S.A. § 674 is amended to read: 15
§ 674. OPERATING AFTER SUSPENSION OR REVOCATION OF 16
LICENSE; PENALTY; REMOVAL OF REGISTRATION PLATES; 17
TOWING 18
(a)(1) Except as provided in section 676 of this title, a person whose license 19
or privilege to operate a motor vehicle has been suspended or revoked for a 20

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violation of this section or subsection 1091(b), 1094(b), or 1128(b) or (c) of 1
this title and who operates or attempts to operate a motor vehicle upon a public 2
highway before the suspension period imposed for the violation has expired 3
shall be imprisoned not more than two years or fined not more than $5,000.00, 4
or both. 5
(2) A On or after December 1, 2016, a person who violates section 676 6
of this title for the third or subsequent time shall, if the two prior offenses 7
occurred within two years of the third offense and on or after December 1, 8
2016 the basis for the third or subsequent offense is a moving violation, be 9
imprisoned not more than two years or fined not more than $5,000.00, or both. 10
(3) Violations of section 676 of this title that occurred prior to the date a 11
person successfully completes the DLS Diversion Program shall not be 12
counted as prior offenses under subdivision (2) of this subsection. 13
(b) Except as authorized in section 1213 of this title, a person whose 14
license or privilege to operate a motor vehicle has been suspended or revoked 15
for a violation of section 1201 of this title or has been suspended under section 16
1205 of this title and who operates or attempts to operate a motor vehicle upon 17
a public highway before reinstatement of the license shall be imprisoned not 18
more than two years or fined not more than $5,000.00, or both. The sentence 19
shall be subject to the following mandatory minimum terms: 20

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(1) For the first offense, the defendant shall pay a mandatory minimum 1
fine of $300.00 or complete 40 hours of community service. In the event that 2
no term of imprisonment, suspended or to serve, is imposed, the community 3
service shall be performed within 120 days. Failure to submit proof of 4
completion of the 40 hours within 120 days shall constitute civil contempt 5
unless the defendant requests an extension for good cause shown prior to 6
expiration of the 120 days. 7
(2) For a second offense occurring within five years, the defendant shall 8
pay a mandatory minimum fine of $750.00 or complete 80 hours of community 9
service. In the event that no term of imprisonment, suspended or to serve, is 10
imposed, the community service shall be performed within 120 days. Failure 11
to submit proof of completion of the 80 hours within 120 days shall constitute 12
civil contempt unless the defendant requests an extension for good cause 13
shown prior to expiration of the 120 days. 14
(3) For the third offense occurring within five years, the defendant shall 15
serve at least 12 days of preapproved furlough with community restitution. 16
(4) For the fourth offense occurring within five years, the defendant 17
shall serve at least 18 days of preapproved furlough with community 18
restitution. 19

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(5) For the fifth and subsequent offenses occurring within five years, the 1
defendant shall be imprisoned at least 16 consecutive days in a correctional 2
facility. The sentence may shall not be suspended or deferred. 3
(c) An enforcement officer shall have the authority to remove any number 4
plates from a motor vehicle that is being operated by a person in violation of 5
subsection (a) or (b) of this section. The Commissioner shall be notified in 6
writing and may, in his or her the Commissioner’s sole discretion, cause the 7
plates to be returned to the registered owner or lessee for good cause shown. 8
(d) Notwithstanding any other provision of this title, when a conviction for 9
a violation of this section and a conviction for a violation of section 1201 of 10
this title result from the same incident, any penalty or suspension or revocation 11
of a person’s license or privilege to oper