Vermont H. 613: An act relating to enforcement of motor vehicle overweight laws

Bill Text

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H.613 1
Introduced by Representatives Bos-Lun of Westminster, Berbeco of Winooski, 2
Burrows of West Windsor, Carris Duncan of Whitingham, Cina 3
of Burlington, Cole of Hartford, Dodge of Essex, Donahue of 4
Northfield, Goldman of Rockingham, Headrick of Burlington, 5
Howard of Rutland City, Logan of Burlington, McCann of 6
Montpelier, McGill of Bridport, Mrowicki of Putney, Olson of 7
Starksboro, Pezzo of Colchester, Pouech of Hinesburg, and 8
Rachelson of Burlington 9
Referred to Committee on 10
Date: 11
Subject: Law enforcement; victims; mental health; ethics; training 12
Statement of purpose of bill as introduced: This bill proposes to treat victims 13
of officer-involved shootings of an individual experiencing a mental health 14
crisis as crime victims with greater access to victims’ services and 15
compensation. This bill further proposes to authorize the Center for Crime 16
Victim Services to hire independent victim guardians to advocate for victims 17
and coordinate with the Department of State’s Attorneys and Sheriffs. This 18
bill also proposes to mandate mental health crisis training as part of the 19
Vermont Criminal Justice Council’s law enforcement officer certification and 20
training requirements. Finally, this bill proposes to incorporate mental health 21

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crisis de-escalation techniques into the Vermont Criminal Justice Council’s use 1
of force policy. 2
An act relating to victims of officer-involved shootings of an individual 3
experiencing a mental health crisis 4
It is hereby enacted by the General Assembly of the State of Vermont: 5
Sec. 1. 13 V.S.A. § 5301 is amended to read: 6
§ 5301. DEFINITIONS 7
As used in this chapter: 8
(1) “Disposition” means the sentencing or determination of penalty or 9
punishment to be imposed upon a person convicted of a crime or against whom 10
a finding of sufficient facts for conviction is made. 11
(2) “Family member” means a spouse, child, sibling, parent, next of kin, 12
domestic partner, or legal guardian of a victim. 13
(3) “Restitution” means money or services that a court orders a 14
defendant to pay or render to a victim as a part of the disposition. 15
(4) “Victim” means a person who sustains physical, emotional, or 16
financial injury or death as a direct result of the commission or attempted 17
commission of a crime, or act of delinquency, or officer-involved shooting of 18
an individual experiencing a mental health crisis and shall also include 19

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includes the family members of a minor, a person who has been found to be 1
incompetent, or a homicide victim. 2
(5) “Affected person” means any of the following persons who has 3
requested notification in writing from the court or the Department of 4
Corrections: 5
(A) witnesses; 6
(B) jurors; 7
(C) family members who are not covered by subdivision (4) of this 8
section; or 9
(D) any other persons who demonstrate to the court that the release or 10
escape of a defendant will constitute a threat of physical, emotional, or 11
financial injury or death. 12
* * * 13
(8) “Officer-involved shooting” means a law enforcement officer who 14
discharges a firearm in the performance of the officer’s duties. 15
Sec. 2. 13 V.S.A. § 5351 is amended to read: 16
§ 5351. DEFINITIONS 17
As used in this chapter: 18
(1) “Board” means the Victims Compensation Board established under 19
this chapter. 20

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(2) “Dependent” means the victim’s spouse, domestic partner, or a 1
person who is legally dependent for support upon a victim. To qualify as a 2
domestic partner, a couple shall share a residence for at least six months prior 3
to applying, be 18 years of age or older, not be married to anyone, and not be 4
related by blood closer than would bar marriage under State law. 5
(3) “Crime” includes delinquent acts and an act of terrorism, as defined 6
in 18 U.S.C. § 2331, committed outside the United States against a resident of 7
this State. 8
(4) “Injury” means actual bodily harm or pregnancy, or emotional harm 9
resulting from the crime. 10
(5) “Pecuniary loss” means, in the case of a victim, the amount of 11
medical or medically related expenses, loss of wages, property damage, 12
cleanup of biological or hazardous materials or fluids, and any other expenses 13
that the Board feels became necessary as a direct result of the crime. Medical 14
or medically related expenses may include, but are not limited to, the costs of 15
individual or family psychological, psychiatric, or mental health counseling 16
and the costs of replacing or repairing eyeglasses, hearing aids, dentures, or 17
any prosthetic devices that were taken, lost, or destroyed during the 18
commission of the crime. In the case of a dependent, “pecuniary loss” means 19
the cost of psychological, psychiatric, or