Vermont H 754: An act relating to restructuring and reorganizing General Assembly staff offices

Bill Text

BILL AS INTRODUCED H.754
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VT LEG #385336 v.2
H.754 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
Luneau of St. Albans City, Maguire of Rutland City, Micklus of 5
Milton, Morgan, M. of Milton, Nielsen of Brandon, Pinsonault 6
of Dorset, Southworth of Walden, Taylor of Milton, and Wells 7
of Brownington 8
Referred to Committee on 9
Date: 10
Subject: Crimes; sentencing; corrections 11
Statement of purpose of bill as introduced: This bill proposes to establish a 12
repeat violent offender statute that permits the State to seek stricter penalties 13
for a person upon a third conviction for a felony crime of violence, establish 14
higher penalties for aggravated assault against a protected professional, and 15
require victim input prior to the acceptance of a plea agreement. 16
An act relating to repeat violent offenders, assaults against a protected 17
professional, and victim input on plea agreements 18

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VT LEG #385336 v.2
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 13 V.S.A. § 11b is added to read: 2
§ 11b. REPEAT VIOLENT OFFENDER 3
(a) As used in this section, “felony crime of violence” means a felony, an 4
element of which involves an act of violence against another person. 5
(b) The State may elect to seek the substitute penalty as set forth in this 6
section against a person who, after having been at least two times convicted of 7
a felony crime of violence, is convicted of a third felony crime of violence. 8
(c) If the State seeks a substitute penalty for a felony crime of violence, it 9
shall give notice to the defendant by filing an information seeking the penalty 10
contained in this section. 11
(d) A person charged under this section shall be sentenced upon conviction 12
of such third or subsequent offense to imprisonment of not less than three 13
years, up to and including life. 14
(e) The three-year minimum term of imprisonment provided by this section 15
shall be served and shall not be suspended, deferred, or served as a supervised 16
sentence. The defendant shall not be eligible for probation, parole, furlough, 17
or any other type of early release until the expiration of the three-year term of 18
imprisonment. 19
(f) For the purposes of this section, multiple convictions that arise out of 20
the same criminal transaction shall be treated as one conviction. 21

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VT LEG #385336 v.2
Sec. 2. 13 V.S.A. § 1028 is amended to read: 1
§ 1028. ASSAULT OF PROTECTED PROFESSIONAL; ASSAULT WITH 2
BODILY FLUIDS 3
(a)(1) A person convicted of a simple or aggravated assault against a 4
protected professional as defined in subdivision (d)(1) of this section while the 5
protected professional is performing a lawful duty, or with the intent to prevent 6
the protected professional from performing his or her the professional’s lawful 7
duty, in addition to any other penalties imposed under sections 1023 and 1024 8
of this title, shall: 9
(1)(A) for the first offense, be imprisoned not less than 90 days and 10
not more than one year or fined not more than $2,500.00, or both; 11
(2)(B) for the second offense and each subsequent offenses offense, 12
be imprisoned not less than one year and not more than 10 years or fined not 13
more than $5,000.00, or both. 14
(2) A person convicted of aggravated assault against a protected 15
professional as defined in subdivision (d)(1) of this section while the protected 16
professional is performing a lawful duty, or with the intent to prevent the 17
protected professional from performing the professional’s lawful duty, in 18
addition to any other penalties imposed under sections 1023 and 1024 of this 19
title, shall be imprisoned not less than two years and not more than seven 20
years, fined not more than $10,000.00, or both. 21

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VT LEG #385336 v.2
(b)(1) No person shall intentionally cause blood, vomitus, excrement, 1
mucus, saliva, semen, or urine to come in contact with a protected professional 2
while the person professional is performing a lawful duty. 3
(2) A person who violates this subsection shall be imprisoned not more 4
than one year or fined not more than $1,000.00, or both. 5
(c) In imposing a sentence under this section, the court shall take into 6
consideration whether the defendant was a patient at the time of the offense 7
and had a psychiatric illness, the symptoms of which were exacerbated by the 8
surrounding circumstances, irrespective of whether the illness constituted an 9
affirmative defense to the charge. 10
(d) As used in this section: 11
(1) “Protected professional” shall mean means a law enforcement 12
officer; a firefighter; a health care worker; an employee, contractor, or grantee 13
of the Department for Children and Families; or