Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.731
                                                                Page 1 of 4
                                      H.731
 Introduced by Representatives Headrick of Burlington, Andrews of Westford,
                Bluemle of Burlington, Bos-Lun of Westminster, Burke of
                Brattleboro, Burrows of West Windsor, Casey of Montpelier,
                Chapin of East Montpelier, Christie of Hartford, Cina of
                Burlington, Cole of Hartford, Cordes of Lincoln, Elder of
                Starksboro, Farlice-Rubio of Barnet, Garofano of Essex,
                LaBounty of Lyndon, Leavitt of Grand Isle, Logan of
                Burlington, McCann of Montpelier, McGill of Bridport, Minier
                of South Burlington, Morris of Springfield, Mulvaney-Stanak of
                Burlington, Pouech of Hinesburg, Priestley of Bradford,
                Rachelson of Burlington, Rice of Dorset, Small of Winooski,
                Stebbins of Burlington, Stone of Burlington, and Surprenant of
                Barnard
 Referred to Committee on
 Date:
 Subject: Juvenile proceedings; Family Division jurisdiction
 Statement of purpose of bill as introduced: This bill proposes to require that
 all cases alleging criminal violations by youths under 18 years of age start in
 the Family Division of the Superior Court, including alleged violations of
 Big 12 offenses.
                                                                       VT LEG #373122 v.1
     BILL AS INTRODUCED                                                          H.731
                                                                  Page 2 of 4
    An act relating to Family Division jurisdiction in juvenile proceedings
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 33 V.S.A. § 5201 is amended to read:
 § 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS
                                        ***
    (c)(1) Any proceeding concerning a child who is alleged to have committed
 an act specified in subsection 5204(a) of this title after attaining 14 18 years of
 age, but not 22 years of age, shall originate in the Criminal Division of the
 Superior Court, provided that jurisdiction may be transferred in accordance
 with this chapter and chapter 52A of this title, unless the State’s Attorney files
 the charge directly as a youthful offender petition in the Family Division.
       (2)(A) Any proceeding concerning a child who is alleged to have
 committed one of the following acts after attaining 14 18 years of age, but not
 22 years of age, shall originate in the Criminal Division of the Superior Court,
 provided that jurisdiction may be transferred in accordance with this chapter
 and chapter 52A of this title, unless the State’s Attorney files the charge
 directly as a youthful offender petition in the Family Division:
             (i) a violation of a condition of release as defined in 13 V.S.A.
 § 7559 imposed by the Criminal Division for any of the offenses listed in
 subsection 5204(a) of this title; or VT LEG #373122 v.1
     BILL AS INTRODUCED                                                             H.731
                                                                     Page 3 of 4
                  (ii) a violation of a condition of release as defined in 13 V.S.A.
 § 7559 imposed by the Criminal Division for an offense that was transferred
 from the Family Division pursuant to section 5204 of this title.
                                            ***
 Sec. 2. 33 V.S.A. § 5203 is amended to read:
 § 5203. TRANSFER FROM OTHER COURTS
                                            ***
    (c)(1) If it appears to the State’s Attorney that the defendant was under
 19 years of age at the time the felony offense charged was alleged to have been
 committed and the felony charged is not an offense specified in subsection
 5204(a) of this title, the State’s Attorney shall file charges in the Family
 Division of the Superior Court, pursuant to section 5201 of this title. The
 Family Division may transfer the proceeding to the Criminal Division pursuant
 to section 5204 of this title.
        (2) If it appears to the State’s Attorney that the defendant was under
 18 years of age at the time the felony offense charged was alleged to have been
 committed and the felony charged is an offense specified in subsection 5204(a)
 of this title, the State’s Attorney shall file charges in the Family Division of the
 Superior Court, pursuant to section 5201 of this title. The Family Division
 may transfer the proceeding to the Criminal Division pursuant to section 5204
 of this title.
                                                                            VT LEG #373122 v.1
     BILL AS INTRODUCED                                                          H.731
                                                                  Page 4 of 4
                                        ***
 Sec. 3. 33 V.S.A. § 5204 is amended to read:
 § 5204. TRANSFER FROM FAMILY DIVISION OF THE SUPERIOR
          COURT
    (a) After a petition has been filed alleging delinquency, upon motion of the
 State’s Attorney and after hearing, the Family Division of the Superior Court
 may transfer jurisdiction of the proceeding to the Criminal Division of the
 Superior Court if the child had attained 16 years of age but not 19 years of age
 at the time the act was alleged to have occurred and the delinquent act set forth
 in the petition is a felony not specified in subdivisions (1)–(12) of this
 subsection or if the child had attained 12 years of age but not 14 18 years of
 age at the time the act was alleged to have occurred, and if the delinquent act
 set forth in the petition was any of the following:
                                        ***
 Sec. 4. EFFECTIVE DATE
    This act shall take effect on passage.
                                                                         VT LEG #373122 v.1
Statutes affected: 
As Introduced: 33-5201, 33-5203, 33-5204