Vermont S. 87: An act relating to sexual exploitation of students

Bill Text

No. 39 Page 1 of 4
2025

VT LEG #384101 v.1
No. 39. An act relating to extradition procedures.
(S.87)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 4955 is amended to read:
§ 4955. COMMITMENT TO AWAIT EXTRADITION; BAIL
If upon examination it appears that the person held is the person charged
with having committed the crime alleged and that the person probably
committed the crime, and, except in cases arising under section 4946 of this
title, that the person has fled from justice, the judge or magistrate shall commit
the person to jail by a warrant, reciting the accusation, for such a time, not
exceeding 30 90 days, to be specified in the warrant as will enable the arrest of
the accused to be made under a warrant of the Governor on a requisition of the
executive authority of the state having jurisdiction of the offense, unless the
accused give bail as provided in section 4956 of this title, or until the person
shall be legally discharged. On request of the state, the hearing may be
continued for up to three working business days, only for the purpose of
determining whether the person probably committed the crime. Findings under
this section may be based upon hearsay evidence or upon copies of affidavits,
whether certified or not, made outside this State. It shall be sufficient for a
finding that a person probably committed the crime that there is a current grand
jury indictment from another state.

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Sec. 2. 13 V.S.A. § 4957 is amended to read:
§ 4957. EXTENDING TIME OF COMMITMENT
If the accused is not arrested under warrant of the Governor by the
expiration of the time specified in the warrant, bond, or undertaking, such
judge may discharge him or her or may recommit him or her the accused for a
further period not to exceed 60 30 days, or may again take bail for his or her
the accused’s appearance and surrender as provided in section 4956 of this
title, but within a period not to exceed 60 30 days after the date of such new
bond.
Sec. 3. 13 V.S.A. § 4967 is amended to read:
§ 4967. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS
(a)(1) Any person arrested in this State charged with having committed any
crime in another state or alleged to have escaped from confinement, or broken
the terms of his or her bail, probation, or parole may waive the issuance and
service of the warrant provided for in sections 4947 and 4948 of this title and
all other procedure incidental to extradition proceedings, by executing or
subscribing in the presence of a judge of any court of record within this State a
writing that states that he or she the person consents to return to the demanding
state; provided, however, before such the waiver shall be is executed or
subscribed by such the person it shall be the duty of such, the judge to shall
inform such the person of his or her the rights right to the issuance and service

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of a warrant of extradition and the right to obtain a writ of habeas corpus as
provided for in section 4950 of this title.
(2) If the person previously signed an authenticated waiver of
extradition to the demanding state, the waiver shall be presumed valid. If the
person contests the validity of the previously signed waiver, the person bears
the burden of proving that the waiver is not valid. If the court finds that the
waiver is valid, it may proceed as if the person had consented to return to the
demanding state in accordance with subdivision (1) of this subsection.
(b) If and when such consent has been duly executed, it shall forthwith be
forwarded to the office of the Governor of this State and filed therein. The
judge shall direct the officer having such person in custody to deliver forthwith
such person to the duly accredited agent or agents of the demanding state, and
shall deliver or cause to be delivered to such agent or agents a copy of such
consent; provided, however, that nothing in this section shall be deemed to
limit the rights of the accused person to return voluntarily and without
formality to the demanding state, nor shall this waiver procedure be deemed to
be an exclusive procedure or to limit the powers, rights, or duties of the
officers of the demanding state or of this State.
Sec. 4. 13 V.S.A. § 5043 is amended to read:
§ 5043. HEARING, COMMITMENT, DISCHARGE
(a) If an arrest is made in this State by an officer of another state in
accordance with the provisions of section 5042 of this title, he or she shall the

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officer, without unnecessary delay, shall take the person arrested before a
Superior judge of the unit in which the arrest was made, who shall conduct a
hearing for the purpose of determining the lawfulness of the arrest.
(b) If the judge determines that the arrest was lawful, he or she the judge
shall commit the person arrested to await for a reasonable time the issuance of
an extradition warrant by the Governor of thi