Vermont H 592: An act relating to municipal ordinances governing nuisance properties containing salvage and scrap

Bill Text

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H.592 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Civil procedure; forfeiture; right to counsel; record keeping 5
Statement of purpose of bill as introduced: This bill proposes to mandate the 6
assignment of a public defender for needy persons in certain civil forfeiture 7
proceedings. The bill would also provide for notice of the right to legal 8
counsel in such proceedings, along with mandates for law enforcement and 9
adjudicators to maintain records of forfeited property. 10
An act relating to the appointment of legal counsel and record keeping in 11
civil forfeiture actions 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 13 V.S.A. § 5232 is amended to read: 14
§ 5232. PARTICULAR PROCEEDINGS 15
Counsel shall be assigned under section 5231 of this title to represent needy 16
persons in any of the following: 17
(1) extradition proceedings; 18

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(2) habeas corpus and other proceedings wherein in which the person is 1
confined in a penal or mental institution in this state State and seeks release 2
therefrom from such institution; or 3
(3) proceedings arising out of a petition brought in a juvenile court when 4
the court deems the interests of justice require representation of either the child 5
or his or her the child’s parents or guardian, or both, including any subsequent 6
proceedings arising from an order therein in those proceedings; or 7
(4) forfeiture proceedings pursuant to 6 V.S.A. § 3315 (livestock and 8
poultry products); 7 V.S.A. §§ 567 and 574 (alcoholic beverages, alcohol, and 9
related property); 10 V.S.A. §§ 4505 and 4511 (property associated with big 10
game violations); 18 V.S.A. chapter 84, subchapter 2 (regulated drugs and 11
related property); and 23 V.S.A. § 1213c (motor vehicles). 12
Sec. 2. 6 V.S.A. § 3315 is amended to read: 13
§ 3315. FORFEITURE 14
* * * 15
(b)(1) Law enforcement departments and agencies or other State 16
departments and agencies that have custody of any property subject to 17
forfeiture under this section, or that dispose of such property, shall keep and 18
maintain full and complete records, including the following: 19
(A) from whom the property was received; 20
(B) a description of the property; 21

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(C) the value of the property; 1
(D) under what authority the property was held or received or 2
disposed of; 3
(E) to whom the property was delivered; and 4
(F) the date and manner of destruction or disposition of the property. 5
(2) The records shall be submitted to the Superior Court and shall be 6
open to inspection by all federal and State departments and agencies charged 7
with regulation and enforcement of livestock and poultry products. Persons 8
making final disposition or destruction of the property under court order shall 9
report, under oath, to the court the exact circumstances of that disposition or 10
destruction, and a copy of that report shall be maintained by the Superior 11
Court. 12
(c) The provisions of this section shall in no way impair authority for 13
condemnation or seizure conferred by other provisions of this chapter or other 14
laws. 15
Sec. 3. 7 V.S.A. § 604 is added to read: 16
§ 604. RECORDS OF FORFEITED PROPERTY 17
(a) Law enforcement departments and agencies or other State departments 18
and agencies that have custody of any property subject to forfeiture under 19
section 567 or 574 of this title, or that dispose of such property, shall keep and 20
maintain full and complete records, including the following: 21

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(1) from whom the property was received; 1
(2) a description of the property; 2
(3) the value of the property; 3
(4) if the property is deposited in an interest-bearing account, the 4
location of the account and the amount of interest; 5
(5) under what authority the property was held or received or disposed 6
of; 7
(6) to whom the property was delivered; and 8
(7) the date and manner of destruction or disposition of the property. 9
(b) The records shall be submitted to the Superior Court and shall be open 10
to inspection by all federal and State departments and agencies charged with 11
regulation and enforcement of alcoholic beverages. Persons making final 12
disposition or destruction of the property under court order shall report, under 13
oath, to the court the exact circumstances of that disposition or destruction, and 14
a copy of that report shall be maintained by the Superior Court. 15
Sec. 4. 10 V.S.A. chapter 109, subchapter 1 is amended to read: 16
Subchapter 1. General Provisions 17
* * * 18
§ 4520a. NOTICE AND HEARING REQUIREMENTS 19
(a) The Commissioner shall use the following procedures in assessing the 20
penalty under section 4520 of this title: the Attorney General or a