Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          S.214
                                                                 Page 1 of 5
                                        S.214
 Introduced by Senators Hardy, Gulick, Hashim, Ram Hinsdale, Vyhovsky and
                White
 Referred to Committee on
 Date:
 Subject: Orders against stalking and sexual assault
 Statement of purpose of bill as introduced: This bill proposes to require the
 court to establish procedures for receiving requests for emergency ex parte
 orders against stalking or sexual assault outside regular court operating hours.
    An act relating to emergency orders against stalking or sexual assault
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 12 V.S.A. § 5134 is amended to read:
 § 5134. EMERGENCY RELIEF
    (a)(1) In accordance with the Vermont Rules of Civil Procedure, a person
 other than a family or household member as defined in 15 V.S.A. § 1101(2)
 may file a complaint for a temporary order against stalking or sexual assault.
 Such complaint shall be filed during regular court hours complaints may be
 filed outside regular court hours as provided in section 5136 of this title. The
 plaintiff shall submit an affidavit in support of the order.
                                                                        VT LEG #372613 v.1
     BILL AS INTRODUCED                                                             S.214
                                                                    Page 2 of 5
       (2) The court may issue a temporary order under this chapter ex parte,
 without notice to the defendant, upon motion and findings by the court that the
 defendant has stalked or sexually assaulted the plaintiff. The court may order
 the defendant to stay away from the plaintiff or the plaintiff’s children, or both,
 and may make any other such order it deems necessary to protect the plaintiff
 or the plaintiff’s children, or both.
    (b) Every order issued under this section shall contain the name of the
 court, the names of the parties, the date of the petition, and the date and time of
 the order and shall be signed by the judge. Every order issued under this
 section shall state upon its face a date, time, and place that the defendant may
 appear to petition the court for modification or discharge of the order. This
 opportunity to contest shall be scheduled as soon as reasonably possible, which
 in no event shall be more than 14 days from the date of issuance of the order.
 At such hearings, the plaintiff shall have the burden of proving by a
 preponderance of the evidence that the defendant stalked or sexually assaulted
 the plaintiff. If the court finds that the plaintiff has met his or her the
 plaintiff’s burden, it shall continue the order in effect and make such other
 orders as it deems necessary to protect the plaintiff or the plaintiff’s children,
 or both.
    (c) Form complaints and form orders shall be provided by the Court
 Administrator and shall be maintained by the clerks of the courts.
                                                                           VT LEG #372613 v.1
     BILL AS INTRODUCED                                                           S.214
                                                                  Page 3 of 5
    (d) Every order issued under this chapter shall bear the following language:
 “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF
 IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE
 PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR
 IMPRISONMENT, OR BOTH.”
    (e) Affidavit forms required pursuant to this section shall bear the
 following language: “MAKING FALSE STATEMENTS IN THIS
 AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT
 OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”
 Sec. 2. 12 V.S.A. § 5136 is amended to read:
 § 5136. PROCEDURE
    (a) Except as otherwise specified in this chapter, proceedings commenced
 under this chapter shall be in accordance with the Vermont Rules of Civil
 Procedure and shall be in addition to any other available civil or criminal
 remedies.
    (b)(1) The Court Administrator shall establish procedures to ensure access
 to relief after regular court hours, or on weekends and holidays. The Court
 Administrator is authorized to contract with public or private agencies to assist
 plaintiffs to seek relief and to gain access to Superior Court. Law enforcement
 agencies shall assist in carrying out the intent of this section.
                                                                         VT LEG #372613 v.1
     BILL AS INTRODUCED                                                          S.214
                                                                 Page 4 of 5
       (2)(A) The court shall designate an authorized person to receive requests
 for ex parte temporary orders submitted after regular court hours pursuant to
 section 5134 of this title, including requests made by reliable electronic means
 according to the procedures in this subdivision (2).
          (B) If a secure setting is not available for processing an ex parte order
 submitted after regular court hours, or if the authorized person determines that
 electronic submission is appropriate under the circumstances, the authorized
 person shall inform the applicant that a complaint and affidavit may be
 submitted electronically.
          (C) The affidavit shall be sworn to or affirmed by administration of
 the oath over the telephone to the applicant by the authorized person and shall
 conclude with the following statement: “I declare under the penalty of perjury
 pursuant to the laws of the State of Vermont that the foregoing is true and
 accurate. I understand that making false statements is a crime subject to a term
 of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The
 authorized person shall note on the affidavit the date and time that the oath was
 administered.
          (D) The authorized person shall communicate the contents of the
 complaint and affidavit to a judicial officer telephonically or by reliable
 electronic means. The judicial officer shall decide whether to grant or deny the
 complaint and issue the order solely on the basis of the contents of the affidavit VT LEG #372613 v.1
     BILL AS INTRODUCED                                                            S.214
                                                                   Page 5 of 5
 or affidavits provided. The judicial officer shall communicate the decision to
 the authorized person, who shall communicate it to the applicant. If the order
 is issued, it shall be delivered to the appropriate law enforcement agency for
 service and to the holding station.
    (c) The Office of the Court Administrator shall ensure that the Superior
 Court has procedures in place so that the contents of orders and pendency of
 other proceedings can be known to all courts for cases in which an order
 against stalking or sexual assault proceeding is related to a criminal
 proceeding.
    (d) Unless otherwise ordered by the court, an order issued pursuant to
 sections 5133 and 5134 of this title shall not be stayed pending an appeal.
 Sec. 3. EFFECTIVE DATE
    This act shall take effect on September 1, 2024.
                                                                        VT LEG #372613 v.1
Statutes affected: 
As Introduced: 12-5134, 12-5136