H.409 is a bill introduced by Representative LaLonde of South Burlington that aims to refine the procedures for revoking a defendant's bail or conditions of release. The bill seeks to align the bail revocation statute with the precedents set in State v. Sauve and State v. Gates, emphasizing that repeated failures to appear in court and violations of release conditions can constitute a compelling state interest for revocation. The bill includes new provisions that outline the bases for revocation, the burden of proof required for the state, and the procedures to be followed during the revocation process.

Key amendments in the bill include the replacement of the term "accused" with "defendant," the introduction of a specific definition for "disrupt the prosecution," and the establishment of a timeline for setting a trial date following a bail revocation order. Additionally, the bill stipulates that a court may revoke bail only after a hearing and upon finding a legitimate state interest, and it mandates that trials must commence within 60 days of revocation unless delays are attributable to the defense. The act is set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 13-7575, 13-7576