Act No. 23 Page 1 of 2
2023
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 23 (S. 4). An act relating to reducing crimes of violence associated with juveniles
and dangerous weapons
Subjects: Juvenile and criminal procedures
This act makes several changes in law related to crimes of violence associated with juveniles
and dangerous weapons. The act expands the list of “Big 12” offenses in juvenile law, which are
generally required to begin in the Criminal Division, to include aggravated murder, aggravated
sexual assault of a child, and an attempt to commit a Big 12 offense. For certain other offenses
where the child is 16–18 years of age (felony drug sales and trafficking, human trafficking,
defacing a firearm’s serial number, and straw purchasing of a firearm), the Family Division must
hold a hearing to determine if the case should be transferred to the Criminal Division. The act
requires the Vermont Sentencing Commission to report to the Joint Legislative Justice Oversight
Committee and the Senate and House Committees on Judiciary on whether the list of Big 12
offenses should be further enlarged to include additional offenses. The act also permits the
parties to stipulate that a case should be converted from a juvenile proceeding to a youthful
offender proceeding and provides that a violation of conditions of release charge against a minor,
which would ordinarily be brought in the Family Division, would instead be brought in the
Criminal Division if the underlying case had already been transferred from the Family Division
to the Criminal Division. The act makes juvenile records available to the National Instant
Criminal Background Check System for purposes of conducting a background check when a
person under 22 years of age purchases a firearm.
The act increases the fine for the crime of knowingly permitting a dwelling to be used for the
purpose of illegally selling regulated drugs and creates a new crime prohibiting a person from
knowingly permitting a dwelling to be used for the purpose of human trafficking. The act
creates several Vermont criminal offenses based on offenses that already exist in federal law.
These new offenses prohibit defacing a firearms serial number or possessing a firearm with a
defaced serial number; “straw purchases” of firearms, which means buying a firearm for another
person who is legally prohibited from having one or who intends to use it to commit a crime; and
possession of firearms by fugitives from justice, persons who are subject to final relief from
abuse or stalking orders that prohibit firearms possession, and persons against whom charges are
pending for drug trafficking, human trafficking, or carrying a dangerous weapon while
committing a felony.
The act establishes the Community Violence Prevention Program administered by the
Department of Health in consultation with the Department of Public Safety, the Chief Prevention
Officer, the Director of Violence Prevention, the Executive Director of Racial Equity, and the
Council for Equitable Youth Justice. The Program permits Vermont municipalities and
nonprofit organizations to apply for grants to fund innovative, evidence-based, and evidence-
informed approaches to reducing violence and associated community harm.
The act extends the implementation date for the Raise the Age initiative, which increases the
age for children to be charged as juveniles in the Family Division, from July 1, 2023 to July 1,
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Act No. 23 Page 2 of 2
2023
2024, and requires the Department for Children and Families to provide the Legislature with
status reports on the program’s implementation.
Effective Date: May 30, 2023
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Statutes affected:
As Introduced: 33-5201, 18-4252, 13-4005, 33-5117
As Passed By the Senate -- Official: 33-5201, 18-4252, 13-4005, 33-5117, 33-5204, 13-60
As Passed By the Senate -- Unofficial: 33-5204, 18-4252, 13-60, 13-4005, 33-5117
As Passed by Both House and Senate -- Official: 33-5201, 18-4252, 13-4005, 33-5117, 33-5204, 13-60
As Passed by Both House and Senate -- Unofficial: 33-5204, 33-5201, 18-4252, 13-60, 13-4005, 33-5117
As Enacted: 33-5204, 33-5201, 18-4252, 13-60, 13-4005, 33-5117