Vermont S 144: An act relating to the removal of certain restrictive covenants from deeds

Bill Text

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VT LEG #380634 v.2
S.144 1
Introduced by Senators Vyhovsky and Gulick 2
Referred to Committee on 3
Date: 4
Subject: Motor vehicles; secondary enforcement; searches 5
Statement of purpose of bill as introduced: This bill proposes to designate 6
certain motor vehicle violations as violations that may only be enforced if a 7
law enforcement officer has detained the operator of a vehicle for another 8
suspected violation. This bill also proposes to prohibit law enforcement 9
officers from requesting consent for a search of a vehicle or vehicle operator or 10
passenger following a stop for a moving violation. 11
An act relating to secondary enforcement of certain motor vehicle violations 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 23 V.S.A. § 9 is added to read: 14
§ 9. SECONDARY ENFORCEMENT OF VIOLATIONS 15
(a) The following offenses may be enforced only if a law enforcement 16
officer has detained the operator of a motor vehicle for another suspected 17
violation: 18
(1) section 307 of this title (failure to carry a registration certificate); 19

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(2) subsection 511(c) of this title (failure to display registration sticker 1
or failure to display unobstructed license numbers); 2
(3) section 512 of this title (failure to display number plate on trailer or 3
semi-trailer); 4
(4) subsections 601(a) and 676(a) of this title (operation by an individual 5
without a valid driver’s license under certain circumstances); 6
(5) section 615 of this title (operation by an individual with a learner’s 7
permit); 8
(6) subsection 1031(b) of this title (operation on the right side of the 9
highway); 10
(7) section 1110 of this title (prolonged idling); 11
(8) section 1125 of this title (operation with an obstructed windshield or 12
windows); 13
(9) subsection 1222(c) of this title (operation of an uninspected motor 14
vehicle); 15
(10) subsection 1248(a) of this title (taillights), but only if a single 16
taillight or the brake light portion of a single taillight is broken; 17
(11) section 1064 of this title (signaling a lane change or turn); 18
(12) section 1082 of this title (impeding traffic with a slow moving 19
vehicle); and 20

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(13) section 1221 of this title (operating a vehicle with an excessively 1
loud muffler). 2
(b) An operator shall not be subject to the penalty established for the 3
violations listed in subsection (a) of this section unless the operator is required 4
to pay a penalty for a primary violation. 5
(c)(1) Notwithstanding subdivision (a)(8) of this section, a law enforcement 6
officer may stop a vehicle for a violation of the provisions of section 1125 of 7
this title (operation with an obstructed windshield or windows) if the officer 8
reasonably believes based on articulable facts that the violation is of a nature or 9
magnitude that poses an immediate threat to the health or safety of the vehicle 10
operator or passengers or others on the highway. 11
(2) Prior to stopping a vehicle pursuant to subdivision (1) of this 12
subsection, a law enforcement officer shall either log digitally or notify 13
dispatch of the reason for the stop, including a detailed description of the 14
immediate threat to the health or safety of the vehicle operator or passengers or 15
others on the highway. 16
(d) A law enforcement officer shall not stop or otherwise detain an operator 17
of a motor vehicle to enforce any warrant for a misdemeanor unless the 18
warrant is for: 19
(1) a violation of section 1201 of this title (operating under the influence 20
of alcohol or another substance); 21

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(2) a violation of 13 V.S.A. § 1030 (violation of an abuse prevention 1
order, an order against stalking or sexual assault, or a protective order 2
concerning contact with a child); or 3
(3) a violation of 13 V.S.A. § 1042 (domestic assault). 4
Sec. 2. 23 V.S.A. § 10 is added to read: 5
§ 10. LAW ENFORCEMENT SEARCHES FOLLOWING STOP FOR 6
TRAFFIC VIOLATION; RESTRICTIONS 7
(a) Following a motor vehicle stop, a law enforcement officer shall not: 8
(1) request consent to search the operator of the motor vehicle, any 9
passenger in the motor vehicle, or the motor vehicle; or 10
(2) except as provided pursuant to subsection (b) of this section, 11
question the operator of the motor vehicle or any passenger in the motor 12
vehicle about any subject other than the moving violation that was the reason 13
for the stop. 14
(b) A law enforcement officer may question a motor vehicle operator or a 15
passenger in a motor vehicle that has been stopped for a moving violation 16
regarding a subject other than the moving violation if the law enforcement 17
officer detects evidence that establishes a reasonable suspicion sufficient to 18
question the operator regarding an independent crimin