Vermont S 178: An act relating to repealing the prohibition on large capacity ammunition feeding devices

Bill Text

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VT LEG #385920 v.1
S.178 1
Introduced by Senator Hashim 2
Referred to Committee on 3
Date: 4
Subject: Criminal procedure; speedy trial 5
Statement of purpose of bill as introduced: This bill proposes to permit a 6
defendant to file a motion to dismiss a criminal prosecution if the trial does not 7
commence within one year after the defendant is charged with a misdemeanor 8
or within two years after the defendant is charged with a felony. 9
An act relating to speedy trial procedures in criminal cases 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. § 6506 is added to read: 12
§ 6506. SPEEDY TRIAL STANDARDS 13
(a)(1) A defendant charged with a nonviolent misdemeanor may move for 14
dismissal if the trial has not commenced within one year after the charge was 15
filed. 16
(2) A defendant charged with a nonviolent felony may move for 17
dismissal if the trial has not commenced within two years after the charge was 18
filed. 19

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(b)(1) The prosecutor shall respond to a motion filed pursuant to subsection 1
(a) of this section within 14 days, and the court may set the matter for hearing. 2
The response shall explain why the trial did not commence within the time 3
period required by subsection (a) of this section, and may refer to any of the 4
following factors: 5
(A) the seriousness and circumstances of the charged offense; 6
(B) the extent of harm resulting from the offense; 7
(C) the evidence of guilt and its admissibility at trial; 8
(D) the likelihood of new or additional evidence at trial or retrial; 9
(E) the defendant’s history, character, and condition; 10
(F) the length of any pretrial incarceration or any incarceration for 11
related or similar offenses; 12
(G) the purpose and effect of imposing a sentence authorized by the 13
offense; 14
(H) the impact of dismissal on public confidence in the judicial 15
system or on the safety and welfare of the community in the event the 16
defendant is guilty; 17
(I) the existence of any misconduct by law enforcement personnel in 18
the investigation, arrest, or prosecution of the defendant; 19
(J) the existence of any prejudice to defendant as the result of the 20
passage of time; 21

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(K) the attitude of the complainant or victim with respect to dismissal 1
of the case; and 2
(L) any other relevant fact indicating that judgment of conviction 3
would serve no useful purpose. 4
(2) If the prosecutor does not file a response within 14 days to a motion 5
filed pursuant to subsection (a) of this section, the court may dismiss the case 6
with prejudice. 7
(c) For purposes of this section, the following periods shall be excluded 8
when computing the time within which the trial of any offense must 9
commence: 10
(1) Any period of delay resulting from other proceedings concerning the 11
defendant, including: 12
(A) delay resulting from an examination of the defendant and hearing 13
on the defendant’s mental competency or physical incapacity; 14
(B) delay resulting from a stay of the proceedings due to an 15
examination or treatment of the defendant pursuant to chapter 157 of this title; 16
(C) delay resulting from a trial with respect to other charges against 17
the defendant, which period shall run from the commencement of the other 18
trial until 14 days after an acquittal or imposition of sentence; 19
(D) delay resulting from interlocutory appeals; 20
(E) delay resulting from hearings on pretrial motions; 21

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(F) delay resulting from proceedings relating to transfer to or from 1
another divisions of the superior court; or 2
(G) delay reasonably attributable to any period, not to exceed 30 3
days, during which any proceeding concerning the defendant is actually under 4
advisement. 5
(2) Any period of delay resulting from the absence or unavailability of 6
the defendant or an essential witness. A defendant or an essential witness shall 7
be considered absent when the person’s whereabouts are unknown and the 8
person is attempting to avoid apprehension or prosecution or when the person’s 9
whereabouts cannot be determined by due diligence. A defendant or an 10
essential witness shall be considered unavailable whenever the person’s 11
whereabouts are known but the person’s presence for trial cannot be obtained 12
by due diligence or the person resists appearing at or being returned for trial. 13
(3) Any period of delay resulting from the fact that the defendant is 14
mentally incompetent or physically unable to stand trial. 15
(4) If the complaint or indictment is dismissed by the prosecution and 16
subsequently a charge is filed against the defendant for the same or a related 17
offense, any period of delay from the date the charge was dismissed to the date 18
the limitations period would commence to run