Vermont H 213: An act relating to exemption from Act 250 jurisdiction

Bill Text

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VT LEG #379816 v.1
H.213 1
Introduced by Representative Noyes of Wolcott 2
Referred to Committee on 3
Date: 4
Subject: Crimes; human services; child abuse and neglect; assessment and 5
investigation 6
Statement of purpose of bill as introduced: This bill proposes to expand the 7
bases of child abuse and neglect assessments and investigations by developing 8
a statute to specify torture of a child and including investigatory bases for 9
general lewd and lascivious conduct, as well as domestic assaults and offenses 10
committed in the presence of a child. This bill also proposes including child 11
advocacy centers and empaneled multidisciplinary teams in the assessment and 12
investigation processes. 13
An act relating to amending the bases and process of child abuse and 14
neglect investigations 15
It is hereby enacted by the General Assembly of the State of Vermont: 16
Sec. 1. 13 V.S.A. § 1304 is amended to read: 17
§ 1304. CRUELTY TO A CHILD; TORTURE OF A CHILD 18
(a) A person over 16 years of age, having the custody, charge, or care of a 19
child, who willfully through omission, neglect, or reckless act, assaults, ill 20

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treats, neglects, or abandons or exposes such child, or causes or procures such 1
child to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner 2
to cause such child unnecessary physical suffering or emotional distress, or to 3
endanger his or her the child’s health, shall be imprisoned not more than two 4
years or fined not more than $500.00, or both. 5
(b)(1) A person is guilty of torture of a child when the person knowingly 6
inflicts serious bodily injury or severe emotional distress, or both, against 7
another person within the person’s custody, charge, or care. 8
(2)(A) A person who is convicted of torture shall be imprisoned not 9
more than five years or fined not more than $10,000.00, or both. 10
(B) If the child suffers death, or serious bodily injury as defined in 11
subdivision 1021(2) of this title, or is subjected to sexual conduct as defined in 12
subdivision 2821(2) of this title, the person shall be imprisoned not more than 13
ten 10 years or fined not more than $20,000.00, or both. 14
(3) It shall not be an affirmative defense to a charge under this 15
subsection that the alleged victim did not suffer pain. 16
(2)(4) It shall be an affirmative defense to a charge under this subsection 17
(b), if proven by a preponderance of the evidence, that the defendant engaged 18
in the conduct set forth in subsection (a) of this section because of a reasonable 19
fear that he or she the person or another person would suffer death, bodily 20

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injury, or serious bodily injury as defined in section 1021 of this title, or sexual 1
assault in violation of chapter 72 of this title. 2
(c) The provisions of this section do not limit or restrict the prosecution for 3
other offenses arising out of the same conduct, nor shall it limit or restrict 4
defenses available under common law. 5
(d) As used in this section: 6
(1) “Emotional distress” has the same meaning as in subdivision 7
1061(2) of this title. 8
(2) “Serious bodily injury” has the same meaning as in subdivision 9
1021(a)(2) of this title. 10
(3) “Sexual conduct” has the same meaning as in subdivision 2821(2) of 11
this title. 12
Sec. 2. 24 V.S.A. § 1940 is amended to read: 13
§ 1940. SPECIAL INVESTIGATIVE UNITS; BOARDS; GRANTS 14
(a) Pursuant to the authority established under section 1938 of this title, and 15
in collaboration with law enforcement agencies, investigative agencies, 16
victims’ advocates, child advocacy centers, and social service providers, the 17
Department of State’s Attorneys and Sheriffs shall coordinate efforts to 18
provide access in each region of the State to special investigative units that: 19
(1) shall investigate: 20

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(A) an incident in which a child suffers, by other than accidental 1
means, serious bodily injury as defined in 13 V.S.A. § 1021; and 2
(B) potential violations of: 3
(i) 13 V.S.A. § 2602 (lewd or lascivious conduct with child); 4
(ii) 13 V.S.A. chapter 60 (human trafficking); 5
(iii) 13 V.S.A. chapter 64 (sexual exploitation of children); 6
(iv) 13 V.S.A. chapter 72 (sexual assault); and 7
(v) 13 V.S.A. § 1379 (sexual abuse of a vulnerable adult); and 8
(2) may investigate: 9
(A) an incident in which a child suffers: 10
(i) bodily injury, by other than accidental means, as defined in 13 11
V.S.A. § 1021; or 12
(ii) death; 13
(B) potential violations of: 14
(i) 13 V.S.A. § 2601 (lewd and lascivious conduct); 15
(ii) 13 V.S.A. § 2605 (voyeurism); and 16
(iii) 13 V.S.A. § 1304 (cruelty to a child); and 17
(3) may assist with the investigation of other incidents, including 18
incidents involving domestic violence and crimes against vulnerable adults