Vermont S 109: An act relating to miscellaneous judiciary procedures

Bill Text

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VT LEG #384289 v.1
No. 64. An act relating to miscellaneous judiciary procedures.
(S.109)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 3 V.S.A. § 164 is amended to read:
§ 164. ADULT COURT DIVERSION PROGRAM
(a) Purpose.
(1) The Attorney General shall develop and administer an adult court
diversion program, for both pre-charge and post-charge referrals, available in
all counties.
(2) The program shall be designed to provide a restorative option for
persons alleged to have caused harm in violation of a criminal statute or who
have been charged with violating a criminal statute as well as for victims or
those acting on a victim’s behalf who have been allegedly harmed by the
responsible party person referred to the program. The diversion program can
accept referrals to the program as follows:
* * *
(c) Adult diversion program policy and referral requirements.
* * *
(3) Adult post-charge diversion requirements. Each State’s Attorney, in
cooperation with the Office of the Attorney General and the adult post-charge
diversion program, shall develop clear criteria for deciding what types of
offenses and offenders will be eligible for diversion; however, the State’s

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Attorney shall retain final discretion over the referral of each case for
diversion. All adult post-charge diversion programs receiving financial
assistance from the Attorney General shall adhere to the following:
(A) The post-charge diversion program for adults shall only accept
persons against whom charges have been filed and the court has found
probable cause, but are not adjudicated.
(B) A prosecutor may refer a person to diversion either before or
after arraignment and shall notify in writing the diversion program and the
court of the prosecutor’s of the referral to diversion.
* * *
Sec. 2. 4 V.S.A. § 71 is amended to read:
§ 71. APPOINTMENT AND TERM OF SUPERIOR JUDGES
(a) There shall be 34 Superior judges, whose term of office shall, The
number of Superior judges shall be as determined by the General Assembly.
The term of office of a Superior judge shall, except in the case of an
appointment to fill a vacancy or unexpired term, begin on April 1 in the year of
their appointment or retention and continue for six years.
* * *
Sec. 3. 4 V.S.A. § 1102 is amended to read:
§ 1102. JUDICIAL BUREAU; JURISDICTION
(a) The Judicial Bureau is created within the Judicial Branch under the
supervision of the Supreme Court.

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(b) The Judicial Bureau shall have jurisdiction of the following matters:
* * *
(4) Violations of 7 V.S.A. § 1005, relating to possession and
procurement of tobacco products by a person under 21 years of age.
* * *
Sec. 4. 4 V.S.A. § 1106 is amended to read:
§ 1106. HEARING
* * *
(d) A Unless otherwise provided by law, a law enforcement officer may
void or amend a complaint issued by that officer by so marking the complaint
and returning it to the Bureau, regardless of whether the amended complaint is
a lesser included violation. At the hearing, a law enforcement officer may,
unless otherwise provided by law, void or amend a complaint issued by that
officer in the discretion of that officer.
* * *
Sec. 5. 7 V.S.A. § 1005(c) is amended to read:
(c) A person under 21 years of age who misrepresents his or her the
person’s age by presenting false identification to purchase tobacco products,
tobacco substitutes, or tobacco paraphernalia shall be fined subject to a civil
penalty of not more than $50.00 or provide up to 10 hours of community
service, or both.

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Sec. 6. 12 V.S.A. § 5 is amended to read:
§ 5. DISSEMINATION OF ELECTRONIC CASE RECORDS
(a) The Court shall not permit public access via the Internet internet to
criminal, family, or probate case records. The Court may permit criminal
justice agencies, as defined in 20 V.S.A. § 2056a, Internet internet access to
criminal case records for criminal justice purposes, as defined in 20 V.S.A.
§ 2056a.
(b) Notwithstanding subsection (a) of this section, the Court shall provide
licensed Vermont attorneys in good standing with access via the internet,
through the Judiciary’s public portal website or otherwise, to nonconfidential
criminal, family, and probate case records.
(c) This section shall not be construed to prohibit the Court from providing
electronic access to:
(1) court schedules of the Superior Court or opinions of the Criminal
Division of the Superior Court;
(2) State agencies in accordance with data dissemination contracts
entered into under Rule 12 of the Vermont Rules for Public Access to Court
Records; or
(3) decisions, recordings of oral arguments, briefs, and printed cases of
the Supreme Court.
Sec. 7. 12 V.S.A. § 4937 is amended to read:
§ 4937. ATTORNEY’S FEES

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