The bill H.741, introduced by Representatives Oliver and LaLonde, aims to amend current criminal procedures regarding the failure of a defendant to appear in court. The proposed changes require the court to issue an arrest warrant instead of a citation when a criminal defendant, who has been released under specific conditions, fails to attend a scheduled court hearing. This applies both to defendants released with or without bail and to individuals who do not appear after being issued a citation by law enforcement. The bill emphasizes that the arrest warrant must mandate the individual to appear before a judicial officer at the earliest possible time and prohibits the issuance of a citation to appear in such cases.
The bill amends 13 V.S.A. ยง 7559 by adding new provisions that specify the court's obligation to issue an arrest warrant for individuals who fail to appear without just cause, thereby enhancing accountability for court appearances. Additionally, it clarifies that law enforcement officers may arrest individuals without a warrant if they have probable cause to believe that the individual has failed to appear or violated conditions of release. The act is set to take effect upon passage.
Statutes affected: As Introduced: 13-7559