Vermont H 299: An act relating to prohibiting the transfer of Family Court cases to criminal court when the offender is a victim of human trafficking

Bill Text

BILL AS INTRODUCED H.299
2025 Page 1 of 2

VT LEG #380968 v.1
H.299 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Human services; juveniles; general provisions; jurisdiction; transfer to 5
criminal court 6
Statement of purpose of bill as introduced: This bill proposes to prohibit 7
transferring a Family Division case to the Criminal Division if the person 8
subject to the petition was a victim of human trafficking. 9
An act relating to prohibiting the transfer of Family Court cases to criminal 10
court when the offender is a victim of human trafficking 11
It is hereby enacted by the General Assembly of the State of Vermont: 12
Sec. 1. 33 V.S.A. § 5103 is amended to read: 13
§ 5103. JURISDICTION 14
(a) The Family Division of the Superior Court shall have exclusive 15
jurisdiction over all proceedings concerning a child who is or who is alleged to 16
be a delinquent child or a child in need of care or supervision brought under 17
the authority of the juvenile judicial proceedings chapters, except as otherwise 18
provided in such chapters. 19
* * * 20

BILL AS INTRODUCED H.299
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VT LEG #380968 v.1
(e)(1) Notwithstanding any law to the contrary, the Family Division shall 1
retain jurisdiction over a child or youth subject to a petition when the court 2
finds by clear and convincing evidence that the child or youth is the victim of: 3
(A) human trafficking or aggravated human trafficking as defined in 4
13 V.S.A. § 2652 or 2653; 5
(B) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2); 6
(C) aggravated sexual assault as defined in 13 V.S.A. § 3253; or 7
(D) aggravated sexual assault of a child as defined in 13 V.S.A. 8
§ 3253a. 9
(2) The court may hold an evidentiary hearing to determine whether the 10
child or youth is the victim of the crimes listed in subdivision (1) of this 11
subsection. 12
Sec. 2. EFFECTIVE DATE 13
This act shall take effect on July 1, 2025. 14