Vermont H. 411: An act relating to miscellaneous energy issues

Bill Text

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H.411 1
Introduced by Representatives McCoy of Poultney, Burditt of West Rutland, 2
Goslant of Northfield, Harvey of Castleton, Malay of Pittsford, 3
and Oliver of Sheldon 4
Referred to Committee on 5
Date: 6
Subject: Crimes and criminal procedure 7
Statement of purpose of bill as introduced: This bill proposes to provide 8
additional time for the administration of extradition warrants; to expedite the 9
extradition of persons who have broken the terms of bail, probation, parole, or 10
other release in another state; to prohibit a court from suspending the sentence 11
of a high-risk sex offender who has failed to comply with Sex Offender 12
Registry requirements; to restrict the use of alternative sentences for repeat 13
offenders or offenders who have violated the terms of probation or furlough 14
unless the court makes written findings on the record as to the compelling 15
reasons why the sentence will serve the interests of justice and protect the 16
public; to prohibit a court from reducing the sentence for a listed crime if the 17
defendant has a prior conviction for a listed crime; to outline the procedure to 18
revoke bail and define the term of “disrupts the prosecution” within one of the 19
statutory bases to revoke bail; to transition from a complex system of sealing 20
and expungement of certain criminal history records for which sentences have 21

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been completed to one of sealing in most instances, with an expanded list of 1
qualifying crimes, and limited access to sealed records for certain entities that 2
require such records for criminal justice purposes and licensing; to amend the 3
statutory term of “recidivism” to adjust how recidivism is measured and create 4
new measures of criminal behavior; to increase the number of Big 14 offenses 5
that commence in the Criminal Division of the Superior Court rather than the 6
Family Division when committed by a juvenile; to repeal the Raise the Age 7
initiative for 19-year-old offenders; transfer jurisdiction over youthful offender 8
proceedings from the Family Division to the Criminal Division; and to repeal 9
prospective changes to law that would prohibit the use of Department of 10
Corrections’ facilities for lodging public inebriates. 11
An act relating to public safety 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
* * * Extradition * * * 14
Sec. 1. 13 V.S.A. § 4955 is amended to read: 15
§ 4955. COMMITMENT TO AWAIT EXTRADITION; BAIL 16
If upon examination it appears that the person held is the person charged 17
with having committed the crime alleged and that the person probably 18
committed the crime, and, except in cases arising under section 4946 of this 19
title, that the person has fled from justice, the judge or magistrate shall commit 20

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the person to jail by a warrant, reciting the accusation, for such a time, not 1
exceeding 30 120 days, to be specified in the warrant as will enable the arrest 2
of the accused to be made under a warrant of the Governor on a requisition of 3
the executive authority of the state having jurisdiction of the offense, unless the 4
accused give bail as provided in section 4956 of this title, or until the person 5
shall be legally discharged. On request of the state, the hearing may be 6
continued for up to three working business days, only for the purpose of 7
determining whether the person probably committed the crime. Findings under 8
this section may be based upon hearsay evidence or upon copies of affidavits, 9
whether certified or not, made outside this State. It shall be sufficient for a 10
finding that a person probably committed the crime that there is a current grand 11
jury indictment from another state. 12
Sec. 2. 13 V.S.A. § 4967 is amended to read: 13
§ 4967. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS 14
(a) Any person arrested in this State charged with having committed any 15
crime in another state or alleged to have escaped from confinement, or broken 16
the terms of his or her bail, probation, or parole may waive the issuance and 17
service of the warrant provided for in sections 4947 and 4948 of this title and 18
all other procedure incidental to extradition proceedings, by executing or 19
subscribing in the presence of a judge of any court of record within this State a 20
writing that states that he or she the person consents to return to the demanding 21

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state; provided however, before such the waiver shall be is executed or 1
subscribed by such the person it shall be the duty of such, the judge to shall 2
inform such the person of his or her the rights right to the issuance and service 3
of a warrant of extradition and to obtain a writ of habeas corpus as provided for 4
in section 4950 of this title. 5
(b) If an