Vermont H 612: An act relating to creating a State-operated family and medical leave insurance program

Bill Text

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H.612 1
Introduced by Representative LaLonde of South Burlington 2
Referred to Committee on 3
Date: 4
Subject: Crimes and criminal procedure 5
Statement of purpose of bill as introduced: This bill proposes to establish a 6
State version of the federal Racketeer Influenced and Corrupt Organizations 7
Act for the purpose of targeting organized crime. 8
An act relating to the Vermont Racketeer Influenced and Corrupt 9
Organizations Act 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. chapter 69A is added to read: 12
CHAPTER 69A. VERMONT RACKETEER INFLUENCED AND 13
CORRUPT ORGANIZATIONS ACT 14
§ 3121. SHORT TITLE 15
This chapter shall be known and may be cited as the “Vermont Racketeer 16
Influenced and Corrupt Organizations Act.” 17
§ 3122. FINDINGS AND INTENT 18
(a) The General Assembly finds that a severe problem is posed in this State 19
by the increasing sophistication of various criminal elements and the extent to 20

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which the State and its citizens are harmed as a result of the activities of these 1
elements. 2
(b) The intent of this chapter is to impose sanctions against those who 3
violate this chapter and to provide compensation to persons injured or 4
aggrieved by such violations. It is not the intent of the General Assembly that 5
isolated incidents of misdemeanor conduct or acts of civil disobedience be 6
prosecuted under this chapter. This chapter shall apply to an interrelated 7
pattern of criminal activity motivated by or the effect of which is pecuniary 8
gain or economic or physical threat or injury. This chapter shall be liberally 9
construed to effectuate the remedial purposes embodied in its operative 10
provisions. 11
§ 3123. DEFINITIONS 12
As used in this chapter: 13
(1) “Civil forfeiture proceeding” means the process set forth in 18 14
V.S.A. §§ 4242–4248, which shall apply to all property seized pursuant to this 15
chapter. 16
(2) “Criminal proceeding” means any proceeding commenced in the 17
Criminal Division of the Superior Court by the Attorney General or a State’s 18
Attorney under any provision of this chapter. 19
(3) “Enterprise” means any person, sole proprietorship, partnership, 20
corporation, business trust, union chartered under the laws of this State, or 21

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other legal entity; or any unchartered union, association, or group of 1
individuals associated in fact although not a legal entity; and it includes illicit 2
as well as licit enterprises and governmental as well as other entities. 3
(4) “Pattern of racketeering activity” means: 4
(A) engaging in at least two acts of racketeering activity in 5
furtherance of one or more incidents, schemes, or transactions that have the 6
same or similar intents, results, accomplices, victims, or methods of 7
commission or otherwise are interrelated by distinguishing characteristics and 8
are not isolated incidents, provided at least one of such acts occurred after July 9
1, 1980, and that the last of such acts occurred within four years, excluding any 10
periods of imprisonment, after the commission of a prior act of racketeering 11
activity; or 12
(B) engaging in any one or more acts of domestic terrorism as 13
described in section 3521 of this title or any criminal attempt, criminal 14
solicitation, or criminal conspiracy related thereto. 15
(5)(A) “Racketeering activity” means to commit, to attempt to commit, 16
or to solicit, coerce, or intimidate another person to commit any crime that is 17
chargeable by indictment under the laws of this State involving: 18
(i) unlawful distillation, manufacture, sale, and transportation of 19
alcoholic beverages in violation of 7 V.S.A. chapter 21; 20

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(ii) records and reports of currency transactions in violation of 1
8 V.S.A. chapter 79; 2
(iii) the Vermont Uniform Securities Act (2002) in violation of 3
9 V.S.A. chapter 150; 4
(iv) homicide in violation of chapter 53 of this title; 5
(v) assaults and related offenses in violation of chapter 19 of this 6
title; 7
(vi) kidnapping, false imprisonment, and related offenses in 8
violation of chapter 55 of this title; 9
(vii) prostitution, keeping a place of prostitution, soliciting, 10
procuring, inducing, enticing, compelling, or transporting a person for the 11
purpose of prostitution in violation of chapter 59, subchapter 2 of this title; 12
(viii) burglary in violation of chapter 23 of this title; 13
(ix) assault and robbery in violation of section 608 of this title; 14
(x) arson and burning in violation of chapter 11 of this title; 15
(xi) bombs, explosives, and destructive devices in violation of 16
chapter 37 of this title; 17
(xii) larceny and embezzlement in violation of chapter 57 of this 18
title; 19
(xiii) robbery in violation of section 608 of