Vermont H 547: An act relating to approval of an amendment to the charter of the City of Montpelier

Bill Text

BILL AS INTRODUCED H.547
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VT LEG #385667 v.1
H.547 1
Introduced by Representatives Hango of Berkshire and Ode of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Court procedure; domestic relations; protection orders 5
Statement of purpose of bill as introduced: This bill proposes to recognize 6
sworn statements and military protection orders as evidence when obtaining an 7
order against stalking or sexual assault or a domestic relief from abuse order. 8
An act relating to recognition of military protection orders 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. 12 V.S.A. § 5131 is amended to read: 11
§ 5131. DEFINITIONS 12
As used in this chapter: 13
* * * 14
(9) “Military protective order’’ means an order issued against a current 15
member of the U.S. Armed Forces, the Vermont National Guard, or the 16
national guard of another state or territory by a defendant’s commanding 17
officer, on a form prescribed by the United States Department of Defense. 18

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VT LEG #385667 v.1
Sec. 2. 12 V.S.A. § 5133 is amended to read: 1
§ 5133. REQUESTS FOR AN ORDER AGAINST STALKING OR 2
SEXUAL ASSAULT 3
(a) A person, other than a family or household member as defined in 15 4
V.S.A. § 1101(2), may seek an order against stalking or sexual assault on 5
behalf of himself or herself themselves or his or her their children by filing a 6
complaint under this chapter. A minor 16 years of age or older may file a 7
complaint under this chapter seeking relief on his or her their own behalf. The 8
plaintiff shall submit an affidavit in support of the order and may include a 9
submission of written statements sworn before a person authorized pursuant to 10
10 U.S.C. § 936 or 5 U.S.C. § 303 to administer oaths. 11
* * * 12
(m) A military protective order and written statements sworn before a 13
person authorized pursuant to 10 U.S.C. § 936 or 5 U.S.C. § 303 to administer 14
oaths shall be admissible evidence in proceedings under this chapter for the 15
purpose of establishing a relevant pattern or course of conduct. 16
Sec. 3. 15 V.S.A. § 1101 is amended to read: 17
§ 1101. DEFINITIONS 18
As used in this chapter: 19
* * * 20

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VT LEG #385667 v.1
(8) “Military Protective Order’’ means an order issued against a current 1
member of the U.S. Armed Forces, the Vermont National Guard, or the 2
national guard of another state or territory by a defendant’s commanding 3
officer, on a form prescribed by the United States Department of Defense. 4
Sec. 4. 15 V.S.A. § 1103 is amended to read: 5
§ 1103. REQUESTS FOR RELIEF 6
(a) Any family or household member may seek relief from abuse by 7
another family or household member on behalf of themselves or their children 8
by filing a complaint under this chapter. A minor 16 years of age or older, or a 9
minor of any age who is in a dating relationship as defined in subdivision 10
1101(3) of this chapter, may file a complaint under this chapter seeking relief 11
on the minor’s own behalf. The plaintiff shall submit an affidavit in support of 12
the order and may include a submission of written statements sworn before a 13
person authorized pursuant to 10 U.S.C. § 936 or 5 U.S.C. § 303 to administer 14
oaths. 15
* * * 16
(l) A military protective order and written statements sworn before a person 17
authorized pursuant to 10 U.S.C. § 936 or 5 U.S.C. § 303 to administer oaths 18
shall be admissible evidence in proceedings under this chapter for the purpose 19
of establishing a relevant pattern or course of conduct. 20

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VT LEG #385667 v.1
Sec. 5. 20 V.S.A. § 942b is amended to read: 1
§ 942b. EXPENSES OF MILTARY COURTS 2
* * * 3
(g) The Adjutant General shall provide current and former members of the 4
National Guard who were the victims of sexual assault or sexual harassment 5
while members of the National Guard with financial assistance when the 6
victims participate in adverse administrative proceedings or Vermont Code of 7
Military Justice proceedings related to the sexual assault or sexual harassment. 8
The financial assistance shall cover the reasonable expenses incurred from 9
traveling to and from those proceedings. This section shall not be construed to 10
alter or expand a victim’s right to participate in such proceedings. 11
Sec. 6. EFFECTIVE DATE 12
This act shall take effect on July 1, 2026. 13