Vermont S 12: An act relating to authorizing card check elections

Bill Text

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No. 60. An act relating to sealing criminal history records.
(S.12)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. chapter 230 is amended to read:
CHAPTER 230. EXPUNGEMENT AND SEALING OF CRIMINAL
HISTORY RECORDS
§ 7601. DEFINITIONS
As used in this chapter:
(1) “Court” means the Criminal Division of the Superior Court.
(2) “Criminal history record” means all information documenting an
individual’s contact with the criminal justice system, including data regarding
identification, arrest or citation, arraignment, judicial disposition, custody, and
supervision.
(3) “Predicate offense” means a criminal offense that can be used to
enhance a sentence levied for a later conviction and includes operating a
vehicle under the influence of alcohol or other substance in violation of
23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title,
and stalking in violation of section 1062 of this title. “Predicate offense” shall
not include misdemeanor possession of cannabis, a disorderly conduct offense
under section 1026 of this title, or possession of a controlled substance in
violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a), 4234a(a),
4234b(a), 4235(b), or 4235a(a) “Criminal justice purposes” means the

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investigation, apprehension, detention, adjudication, or correction of persons
suspected, charged, or convicted of criminal offenses. “Criminal justice
purposes” also includes criminal identification activities; the collection,
storage, and dissemination of criminal history records; and screening for
criminal justice employment.
(4) “Qualifying crime” means:
(A) a misdemeanor offense that is not:
(i) a listed crime as defined in subdivision 5301(7) of this title;
(ii) an offense involving sexual exploitation of children in
violation of chapter 64 of this title;
(iii) an offense involving violation of a protection order in
violation of section 1030 of this title;
(iv) prostitution as defined in section 2632 of this title, or
prohibited conduct under section 2601a of this title; or
(v) a predicate offense;
(B) a violation of subsection 3701(a) of this title related to criminal
mischief;
(C) a violation of section 2501 of this title related to grand larceny;
(D) a violation of section 1201 of this title related to burglary,
excluding any burglary into an occupied dwelling, as defined in subdivision
1201(b)(2) of this title;

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(E) a violation of 18 V.S.A. § 4223 related to fraud or deceit;
(F) a violation of section 1802 of this title related to uttering a forged
or counterfeited instrument;
(G) a violation of 18 V.S.A. § 4230(a) related to possession and
cultivation of cannabis;
(H) a violation of 18 V.S.A. § 4231(a) related to possession of
cocaine;
(I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD;
(J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin;
(K) a violation of 18 V.S.A. § 4234(a) related to possession of
depressant, stimulant, and narcotic drugs;
(L) a violation of 18 V.S.A. § 4234a(a) related to possession of
methamphetamine;
(M) a violation of 18 V.S.A. § 4234b(a) related to possession of
ephedrine and pseudoephedrine;
(N) a violation of 18 V.S.A. § 4235(b) related to possession of
hallucinogenic drugs;
(O) a violation of 18 V.S.A. § 4235a(a) related to possession of
ecstasy; or
(P) any offense for which a person has been granted an unconditional
pardon from the Governor.

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(A) all misdemeanor offenses except:
(i) a listed crime as defined in subdivision 5301(7) of this title;
(ii) a violation of chapter 64 of this title relating to sexual
exploitation of children;
(iii) a violation of section 1030 of this title relating to a violation
of an abuse prevention order, an order against stalking or sexual assault, or a
protective order concerning contact with a child;
(iv) a violation of chapter 28 of this title related to abuse, neglect,
and exploitation of a vulnerable adult;
(v) a violation of subsection 2605(b) or (c) of this title related to
voyeurism;
(vi) a violation of subdivisions 352(1)–(10) of this title related to
cruelty to animals;
(vii) a violation of section 5409 of this title related to failure to
comply with sex offender registry requirements;
(viii) a violation of section 1455 of this title related to hate
motivated crimes;
(ix) a violation of subsection 1304(a) of this title related to cruelty
to a child;
(x) a violation of section 1305 of this title related to cruelty by
person having custody of another;

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(xi) a violation of section 1306 of this title related to mistreatment
of persons with impaired cognitive function;
(xii) a violation of section 3151 of this title related to female
genital mutilation;
(xiii) a violation of subsection 3258(b) of this title relate