Vermont H 741: An act relating to requiring the court to issue an arrest warrant when a criminal defendant fails to appear in court

Bill Text

BILL AS INTRODUCED H.741
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VT LEG #386307 v.1
H.741 1
Introduced by Representatives Oliver of Sheldon and LaLonde of South 2
Burlington 3
Referred to Committee on 4
Date: 5
Subject: Criminal procedures; failure to appear in court; arrest warrant 6
Statement of purpose of bill as introduced: This bill proposes to require the 7
court to issue an arrest warrant rather than a citation to appear when a criminal 8
defendant is released on conditions and subsequently fails to attend a 9
scheduled court hearing for the offense, or when a person fails to appear in 10
court after being issued a citation to appear by a law enforcement officer. 11
An act relating to requiring the court to issue an arrest warrant when a 12
criminal defendant fails to appear in court 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 13 V.S.A. § 7559 is amended to read: 15
§ 7559. VIOLATIONS OF CONDITIONS OF RELEASE; FAILURE TO 16
APPEAR; WARRANTLESS ARREST 17
* * * 18
(c)(1) A person who has been released pursuant to section 7554 of this title 19
with or without bail on condition that the person appear at a specified time and 20

BILL AS INTRODUCED H.741
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VT LEG #386307 v.1
place in connection with a prosecution for an offense and who without just 1
cause fails to appear shall be imprisoned not more than two years or fined not 2
more than $5,000.00, or both. 3
(2) The court shall issue an arrest warrant for a person who without just 4
cause fails to appear after being released pursuant to section 7554 of this title 5
with or without bail on condition that the person appear at a specified time and 6
place in connection with a prosecution for an offense. An arrest warrant issued 7
pursuant to this subdivision shall require the person to appear before a judicial 8
officer at the earliest possible time and shall not permit issuance of a citation to 9
appear. 10
(d) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure, a 11
law enforcement officer may arrest a person without a warrant when the officer 12
has probable cause to believe the person without just cause has failed to appear 13
at a specified time and place in connection with a prosecution for an offense or 14
has violated a condition of release relating to a restriction on travel or a 15
condition of release that the person not directly contact, harass, or cause to be 16
harassed a victim or potential witness. 17
* * * 18
(g) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure, 19
the court shall issue an arrest warrant for a person who without just cause fails 20
to appear after a law enforcement officer has issued a citation to appear at a 21

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VT LEG #386307 v.1
specified time and place in connection with a prosecution for an offense. An 1
arrest warrant issued pursuant to this subsection shall require the person to 2
appear before a judicial officer at the earliest possible time and shall not permit 3
issuance of a citation to appear. 4
Sec. 2. EFFECTIVE DATE 5
This act shall take effect on passage. 6