Vermont H 385: An act relating to prohibiting the arrest of a person who misses a court date because of inpatient mental health or substance abuse treatment

Bill Text

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VT LEG #389902 v.1
No. 106. An act relating to remedies and protections for victims of
coerced debt.
(H.385)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 9 V.S.A. chapter 63, subchapter 13 is added to read:
Subchapter 13. Coerced Debt
§ 2495a. DEFINITIONS
As used in this subchapter:
(1) “Adequate documentation” means at least one of the following:
(A) a copy of a report filed with a federal, state, or local law
enforcement agency that identifies the coerced debt and the circumstances
under which the coerced debt was incurred, the filing of which subjects the
person filing the report to criminal penalties for filing false information if, in
fact, the information in the report is false;
(B) a court order finding that the debt was coerced; or
(C) a sworn certification from a qualified third-party professional
regarding the debtor’s claim of coerced debt.
(2) “Coerced debt” means all or a portion of secured or unsecured debt
solely or jointly in a debtor’s name that:
(A) was incurred as a result of domestic abuse, human trafficking, or
the abuse, neglect, or exploitation of a vulnerable adult and the perpetrator’s:
(i) use of the debtor’s personal information without the debtor’s
knowledge, authorization, or consent; or

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(ii) use or threat of force, intimidation, undue influence, fraud,
deception, coercion, or other similar means against the debtor;
(B) is not a mortgage loan as defined in 8 V.S.A. § 2101(15); and
(C) is not a commercial loan as defined in 8 V.S.A. § 2101(2).
(3) “Creditor” means a person, or the person’s successor, assignee, or
agent, claiming to own or have the right to collect a debt owed by the debtor.
(4) “Debtor” means a person who:
(A) owes coerced debt; and
(B) is a survivor of domestic abuse or human trafficking; or
(C) is a vulnerable adult who is a survivor of abuse, neglect, or
exploitation as those terms are defined under 33 V.S.A. chapter 69.
(5) “Domestic abuse” has the same meaning as abuse in 15 V.S.A.
§ 1101(1).
(6) “Future abuse” means abuse as defined in 15 V.S.A. § 1101(1),
except that the abuse need not occur between family or household members.
(7) “Good faith” has the same meaning as provided in 9A V.S.A.
§ 1—201(b)(20).
(8) “Human trafficking” has the same meaning as in 13 V.S.A. § 2652
or 2653.
(9) “Perpetrator of coerced debt” or “perpetrator” means an individual
who causes or is alleged to have caused coerced debt to be incurred by another.

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(10) “Qualified third-party professional” means any of the following
individuals who do not have a conflict of interest:
(A) an officer of the court or law enforcement personnel;
(B) a court-appointed special advocate;
(C) a crisis worker as defined in 12 V.S.A. § 1614(a)(1) employed at
a program that assists survivors of domestic violence, sexual assault, stalking,
human trafficking, or abuse of children, and who has relevant training or
expertise;
(D) a licensed attorney; or
(E) a health care provider as defined in 18 V.S.A. § 9402(7).
(11)(A) “Statement of coerced debt” means a sworn written statement
by a debtor provided by mail to a creditor that includes the following
information:
(i) identification of the debt, or portion of the debt, alleged to be
coerced debt;
(ii) if available, a description of the circumstances under which the
coerced debt was allegedly incurred;
(iii) a statement by the debtor disclosing that the debtor did not
willingly authorize the use of the debtor’s name or personal information to
incur such debt;

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(iv) any information known by the debtor, including account
information or credit card information and, if applicable, the name of any other
individual in whose name such debt was jointly incurred;
(v) the identity of and contact information for the perpetrator, if
known, unless the debtor signs a sworn statement that disclosing such
information is likely to result in future abuse to the debtor or to a member of
the debtor’s immediate family;
(vi) the debtor’s preferred language and contact method and
information such as a telephone number, email address, physical address, or
safe address for either the debtor or a third party whom the debtor designates to
receive information about the coerced debt, which shall be specified by the
debtor; and
(vii) any other documents the debtor deems appropriate to support
the statement.
(B) As used in subdivision (A) of this subdivision (11), “mail” means
certified mail, certificate of mailing, or any other similar first-class mail
tracking method used or approved by the U.S. Postal Service, including
Intelligent Mail barcode Tracing (IMb Tracing). The term also includes any
electronic or digital transmission that provides a verifiable date, timestamp, or
tracking capability.
(C) A statement of coerced debt shall be notarized or shall include
the following language inserte