Act No. 125 Page 1 of 2
2024
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. 125 (S.58). An act relating to public safety
Subjects: Juvenile proceedings; regulated drugs
This act modifies the list of “Big 12” offenses that are generally required to begin in
the Criminal Division when committed by a juvenile, extends the implementation date for
the Raise the Age juvenile justice initiative, and makes a number of changes regarding
dispensing and sale of regulated drugs.
The act makes several changes to the statutory list of “Big 12” offenses, which are the
offenses that must generally begin in the Criminal Division when committed by a
juvenile, unless the State’s Attorney direct files the case as a youthful offender
proceeding in the Family Division. The adds several new offenses to the Big 12,
specifically using a firearm while committing a felony, human trafficking, and
aggravated stalking. However, these three offenses will only begin in the Criminal
Division if the person is 16 years of age or older, so if the offender is younger than 16
years of age, then the case will continue to begin in the Family Division. The act also
removes burglary into an occupied dwelling from the Big 12.
The act extends the implementation date for the Raise the Age juvenile justice
initiative from July 1, 2024, to April 1, 2025. This program, which has been ongoing for
several years, increases the age at which children who engage in criminal conduct are
charged as juveniles in the Family Division rather than as adults in the Criminal Division.
The act also requires the Department for Children and Families to provide the Legislature
with bi-monthly status reports on the program’s implementation
The act criminalizes the unauthorized dispensing or sale of xylazine a criminal
offense. Exceptions are made for the lawful use in veterinary medicine.
For crimes related to the dispensing or sale of fentanyl, xylazine, depressants,
stimulants, and narcotics only, the definition of “knowingly” means:
(A) the defendant had actual knowledge that one or more preparations, compounds,
mixtures, or substances contained the regulated drug; or
(B) the defendant:
(i) was aware that there is a high probability that one or more preparations,
compounds, mixtures, or substances contained the regulated drug; and
(ii) took deliberate actions to avoid learning that one or more preparations,
compounds, mixtures, or substances contained the regulated drug.
With respect to the crime of dispensing or selling a regulated drug with death
resulting, the act prohibits using as a defense the fact that the substance dispensed or sold
contains more than one regulated drug if the proximate cause of death is the use of the
substance. The act also requires the two-year minimum term of imprisonment to be
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served and may not be suspended, deferred, or served as a supervised sentence.
However, the court may impose a sentence that does not include a term of imprisonment
or that includes a term of imprisonment of less than two years if the court makes findings
on the record that the sentence will serve the interests of justice.
The act also requires that a person cited or arrested for dispensing or selling a
regulated drug be arraigned on the next business day after the citation or arrest if the
alleged illegal activity occurred at a dwelling where the person is not a legal tenant.
The act requires the Vermont Sentencing Commission to make a recommendation to
the General Assembly not later than October 15, 2024, whether in 18 V.S.A. § 4250,
selling or dispensing with death resulting, there should be a permissive inference that the
proximate cause of death is the person’s use of the regulated drug if the regulated drug
contains fentanyl.
Finally, the act directs the Department of Health, in partnership with entities that
provide education, outreach, and services regarding substance use disorder, to engage in
continuous efforts to publicize the immunity protections in 18 V.S.A. § 4254 to
encourage persons to seek medical assistance for someone who is experiencing an
overdose.
Multiple effective dates, beginning on July 1, 2024
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Statutes affected:
As Introduced: 18-4201, 18-4238, 18-4250
As Passed By the Senate -- Official: 18-4201, 18-4238, 18-4250, 33-5201, 33-5204, 33-5201(d), 33-5203, 33-5103(c), 33-5103, 33-5206
As Passed By the Senate -- Unofficial: 33-5201, 33-5204, 33-5201(d), 33-5203, 33-5103(c), 33-5103, 33-5206, 18-4201, 18-4250
As Passed by Both House and Senate -- Official: 18-4201, 18-4238, 18-4250, 33-5201, 33-5204, 33-5201(d), 33-5203, 33-5103(c), 33-5103, 33-5206, 18-4233a, 18-4234
As Passed by Both House and Senate -- Unofficial: 33-5201, 33-5203, 33-5204, 33-5201(d), 33-5103(c), 33-5103, 33-5206, 18-4201, 18-4233a, 18-4234, 18-4250
As Enacted: 33-5201, 33-5203, 33-5204, 33-5201(d), 33-5103(c), 33-5103, 33-5206, 18-4201, 18-4233a, 18-4234, 18-4250