Vermont H 866: An act relating to emoji registration plates

Bill Text

BILL AS INTRODUCED H.866
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VT LEG #386499 v.1
H.866 1
Introduced by Representative Galfetti of Barre Town 2
Referred to Committee on 3
Date: 4
Subject: Crimes and criminal procedures; bail and recognizances 5
Statement of purpose of bill as introduced: This bill proposes to eliminate 6
limitations on the imposition of bail; raise the maximum amount of bail a court 7
may impose on a defendant who is charged with a misdemeanor that is eligible 8
for sealing; require that the court hold without bail or impose mandatory 9
minimum bail amounts for certain defendants who failed to appear at a court 10
proceeding multiple times, were charged with or convicted of multiple 11
misdemeanors or felonies, or are charged while on release for other pending 12
charges; require the court to provide a written justification based on specific 13
factors if the court does not hold the defendant without bail; authorize the law 14
enforcement officer who arrested or cited the defendant for the offense to 15
recommend detention without bail or an amount of bail and require the court to 16
comply with the law enforcement officer’s recommendation in certain 17
circumstances; require that the court hold an expedited hearing within 72 hours 18
at which the defendant may present evidence regarding the bail determination; 19
automatically forfeit all bail posted for a defendant’s previous charges if the 20
defendant is released and arrested for a new offense while on release; eliminate 21

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VT LEG #386499 v.1
the requirement that a court impose the least restrictive conditions when 1
imposing conditions of release; eliminate the court’s consideration of the 2
defendant’s financial means in imposing bail as a condition of release; and 3
require that a judicial officer impose specified mandatory conditions of release 4
on certain defendants who have failed to appear at a court proceeding multiple 5
times, have been charged with or convicted of multiple misdemeanors or 6
felonies, or are charged while on release for other pending charges. 7
An act relating to bail and conditions of pretrial release 8
It is hereby enacted by the General Assembly of the State of Vermont: 9
Sec. 1. 13 V.S.A. § 7551 is amended to read: 10
§ 7551. IMPOSITION OF BAIL, SECURED APPEARANCE BONDS, AND 11
APPEARANCE BONDS 12
(a) Bonds; generally. A bond given by a person charged with a criminal 13
offense or by a witness in a criminal prosecution under section 6605 of this 14
title, conditioned for the appearance of the person or witness before the court 15
in cases where the offense is punishable by fine or imprisonment, and in 16
appealed cases, shall be taken to the Criminal Division of the Superior Court 17
where the prosecution is pending and shall remain binding upon parties until 18
discharged by the court or until sentencing. The person or witness shall appear 19
at all required court proceedings. 20

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(b) Limitation on imposition Imposition of bail, secured appearance bonds, 1
and appearance bonds. 2
(1) Except as provided in subdivision (2) of this subsection, no bail, 3
secured appearance bond, or appearance bond may be imposed: 4
(A) at the initial appearance of a person charged with a misdemeanor 5
if the person was cited for the offense in accordance with Rule 3 of the 6
Vermont Rules of Criminal Procedure; or 7
(B) at the initial appearance or upon the temporary release pursuant 8
to Rule 5(b) of the Vermont Rules of Criminal Procedure of a person charged 9
with a violation of a misdemeanor offense that is eligible for expungement 10
pursuant to subdivision 7601(4)(A) of this title. 11
(2) In the event the court finds that imposing bail is necessary to 12
mitigate the risk of flight from prosecution for In the case of a person 13
defendant charged with a violation of a misdemeanor offense that is eligible 14
for expungement sealing pursuant to subdivision 7601(4)(A) of this title, the 15
court may impose bail in a maximum amount of $200.00 $1,000.00 if the court 16
finds that imposing bail is necessary for one or more of the following purposes: 17
(A) to mitigate risk of flight from prosecution; 18
(B) to reasonably ensure protection of the public; 19
(C) to reasonably ensure protection of a victim or witness; or 20

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(D) to address concerns identified in the release recommendation of 1
the law enforcement officer who arrested or cited the defendant for the offense. 2
The $200.00 limit shall not apply to an offense allegedly committed by a 3
defendant who has been released on personal recognizance or conditions of 4
release pending trial for another offense. 5
(3)(2) This subsection shall not be construed to restrict the court’s 6
ability to impose conditions on such persons to reasonably mitigate the risk of 7
flight from prosecution or to reasonably protect the public i