Download this document in MS Word format

S.298

Introduced by Senator Shumlin of Windham County and Senator Campbell of Windsor County

Referred to Committee on

Date:

Subject:  Crimes and criminal procedure; terrorism

Statement of purpose:  This bill proposes a number of measures to detect, deter, and criminalize terrorism.  The bill includes proposals to:

(a)  Establish the crime of committing an act of terrorism, which consists of committing a specified, preexisting crime with the intent to:

(1)  provoke a state of terror in the general public through the use of violence to kill or cause damage for political or ideological gain;

(2)  influence the policy or conduct of a unit of government by murder, assassination, or kidnapping; or

(3)  cause the impairment or interruption of public communications, public transportation, common carriers, public utilities or other public services for political or ideological gain.

(b)  Establish the crimes of soliciting or providing support for an act of terrorism, making or falsely communicating a terroristic threat, and hindering prosecution of terrorism. 

(c)  Criminalize the possession and use of, and the perpetuation of hoaxes and false threats regarding, biological weapons, chemical warfare agents, and other weapons of mass destruction.

(d)  Require health care providers to report to law enforcement authorities when any condition is observed that appears to be caused by biological weapons, chemical agents, or other weapons of mass destruction. 

(e)  Permit the seizure of property used in connection with the commission of a terrorist act, and the forfeiture of profits or proceeds acquired as a result of the commission of a terrorist act.

(f)  Require banks to report to the attorney general when a bank becomes aware it possesses funds in which a terrorist or terrorist organization has an interest.

(g)  Make persons who commit terrorist acts subject to the requirements of the DNA databank and violent career criminals statutes.

(h)  Make the penalty for conspiracy to commit a terrorist act identical to the penalty for commission of a terrorist act.

(i)  Add state’s attorneys to the category of persons who may motion the court to order a person to provide a DNA sample when required by law.

(j)  Prohibit the department of motor vehicles from distributing photographs of persons to whom driver’s licenses, permits, or nondriver identification cards have been issued, without the express consent of the person in the photograph.

(k)  Permit driver’s licenses to be surrendered in connection with an application for a nondriver identification card.

(l)  Require residents of foreign countries to produce a passport or visa when applying for a driver’s license, and require the expiration date of the driver’s license to be the same as the expiration date of the visa.

AN ACT RELATING TO CRIMES AND PROCEDURES INVOLVING TERRORISM

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  SHORT TITLE

This act shall be known as, and may be cited as, the Vermont Public Safety Act of 2002.

Sec. 2.  STATEMENT OF PURPOSE

(a)  The events of September 11, 2001 require the State of Vermont to have the legal means to respond to acts of terrorism against its citizens.  Although such attacks remain unlikely, Vermont should have the ability to prosecute terrorist acts in state courts under state law in the event they occur.  Vermont will be best able to work with its sister states and the federal government to efficiently and effectively prosecute terrorists if Vermont has created a statutory scheme to criminalize acts of terrorism.  A comprehensive state law will achieve this goal by providing a necessary complement to state and federal laws in the fight against terrorism, and by better protecting all citizens from terrorist acts.

(b)  It is not the intent of the General Assembly, however, that this bill in any way infringe on our cherished rights, such as the freedoms of speech, religion, assembly and association.  Sacrificing these hard-won liberties in the name of fighting terrorism would play into the hands of terrorists by compromising the very values we seek to defend. 

(c)  The Vermont Public Safety Act of 2002 is, therefore, intended to provide the state with the tools to protect it and its citizens against terrorism, to allow Vermont to work with its sister states and the federal government to prevent acts of terrorism, and to achieve these goals without infringing upon the constitutional and civil rights which make both our nation and our state so worth defending.

Sec. 3.  13 V.S.A. chapter 76 is added to read:
CHAPTER 76.  TERRORISM
Subchapter 1.  Crimes of Terrorism
§ 3501.  DEFINITIONS
As used in this chapter:
(1)(A)  An “act of terrorism” means an act or acts, wherever committed, constituting a specified offense as defined in subdivision (3) of this section, that is intended to:
(i)  provoke a state of terror in the general public through the use of violence to kill or cause damage for political or ideological gain;
(ii)  influence the policy or conduct of a unit of government by murder, assassination, or kidnapping; or 
(iii)  cause the impairment or interruption of public communications, public transportation, common carriers, public utilities or other public services for political or ideological gain.
(B)  A person’s membership in an organization designated by the United States Department of State as a Foreign Terrorist Organization at the time of the commission of a specified offense shall be admissible to prove that the person acted with the intent set forth in subdivision (1)(A) of this section.  The fact that a person was not a member of such an organization shall not give rise to a presumption or inference that the person lacked such intent.  This section shall not be construed as limiting the introduction of any other competent evidence bearing upon a person’s intent, nor shall it be construed as requiring that evidence of membership in such an organization must be presented.
(2)  “Material support or resources” means currency or other financial securities, financial services, lodging, training, safe houses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, any other kind of physical assets or intangible property, except medicine or religious materials, and expert services or expert assistance.
(3)  A person “renders criminal assistance” for purposes of this subchapter when, with intent to prevent, hinder or delay the discovery, apprehension of, or lodging of a criminal charge against a person whom he or she knows or believes has committed an act of terrorism, or is being sought by law enforcement officials for the commission of an act of terrorism, or with intent to assist a person in profiting or benefiting from the commission of an act of terrorism, he or she:
(A)  Harbors or conceals such person.
(B)  Warns such person of impending discovery or apprehension.
(C)  Provides such person with money, transportation, a weapon, a disguise, false identification documents, or any other means of avoiding discovery or apprehension.
(D)  Prevents or obstructs, by means of force, intimidation or deception, anyone from performing an act which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against the person.
(E)  Suppresses, by any act of concealment, alteration or destruction, any physical evidence which might aid in the discovery or apprehension of such person or in the lodging of a criminal charge against the person.
(F)  Aids such person to protect or expeditiously profit from an advantage derived from such crime.
(G)  Assists such person to escape from the lawful custody of a law enforcement officer or the commissioner of corrections.
(H)  Provides expert services or expert assistance to the person.
(4)  “Specified offense” means any of the following, as defined in this title:
(A)  Arson and burning, as defined in sections 501, 502, and 503.
(B)  Assault and robbery, as defined in section 608.
(C)  Aggravated assault, as defined in section 1024.
(D)  Burglary, as defined in section 1201.
(E)  A violation of chapter 37.
(F)  Extortion, as defined in section 1701.
(G)  Murder, as defined in section 2301.
(H)  Manslaughter, as defined in section 2304.
(I)  Kidnapping, as defined in section 2405.
(J)  First degree unlawful restraint, as defined in section 2407.
(K)  Maiming, as defined in section 2701.
(L)  Sexual assault, as defined in section 3252.
(M)  Damaging mills, dams or bridges, as defined in section 3733.
(N)  A violation of section 4031 or 4032.
(O)  A violation of chapter 87.
(P)  An attempt to commit any offense listed in this subdivision (4).
(Q)  A violation of  the laws of any jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military or tribal jurisdiction, the elements of which would constitute an offense under this section, wherever committed.
§ 3502.  TERRORISM
(a)  No person shall commit an act of terrorism.
(b)  When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a misdemeanor or a felony punishable by imprisonment for less than life, the person shall be imprisoned or fined, or both, in an amount not to exceed twice the statutory penalty for the specified offense.  
(c)  When a person is convicted of a crime of terrorism pursuant to this section, and the specified offense is a felony punishable by imprisonment for life, the person shall be imprisoned for life and for no lesser term.  The court shall not place on probation or suspend or defer the sentence of any person convicted under this subsection.  A person sentenced under this subsection shall not be eligible for parole during the term of imprisonment imposed herein, and shall not be eligible for work-release or noncustodial furlough except, when serious medical services make custodial furlough inappropriate.
§ 3503.  SOLICITING OR PROVIDING SUPPORT FOR AN ACT OF 
              TERRORISM
(a)  No person shall knowingly raise, solicit, collect or provide material support or resources with the intent that the material support or resources will be used, in whole or in part, to plan, prepare, carry out or aid in either an act of terrorism or the concealment of, or an escape from, an act of terrorism. 
(b)  No person shall knowingly raise, solicit, collect or provide material support or resources knowing the material support or resources so raised will be used by an organization that has been designated by the United States Department of State as a Foreign Terrorist Organization.
(c)  A person who violates this section shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
§ 3504.  Making terroristic threat
(a)  No person shall threaten to commit or cause to be committed a specified offense, thereby causing a reasonable expectation or fear of the imminent commission of such offense, with the intent to:
(1)  provoke a state of terror in the general public through the use of violence to kill or cause damage for political or ideological gain; 
(2)  influence the policy or conduct of a unit of government by murder, assassination, or kidnapping; or 
(3)  cause the impairment or interruption of public communications, public transportation, common carriers, public utilities or other public services for political or ideological gain.
(b)  It shall not be a defense to a prosecution under this section that the defendant did not have the capability to commit the specified offense, or that the threat was not made to a person who was a subject thereof.
(c)  A person who violates this section shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
§ 3505.  Falsely Communicating a Terroristic Threat
(a)  No person shall communicate a threat of an act of terrorism, knowing that the threat is:
(1)  false or baseless; and 
(2)  likely to cause:
(A)  evacuation of a building, place of assembly, or facility of public transport;
(B)  public inconvenience or alarm; or 
(C)  a person to fear serious bodily injury.
(b)  A person who violates this section shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
§ 3506.  Hindering prosecution of terrorism
A person who renders criminal assistance to a person who has committed an act of terrorism, knowing or believing that such person engaged in conduct constituting an act of terrorism, shall be imprisoned for not more than five years and fined not more than $10,000.00.
§ 3507.  Aggravated hindering prosecution of terrorism

A person who renders criminal assistance to a person who has committed an act of terrorism that resulted in the death of a person other than one of the participants, knowing or believing that such person engaged in conduct constituting an act of terrorism, shall be imprisoned for not less than two years nor more than 10 years and fined not more than $50,000.00.

§ 3508.  SENTENCING

Any sentence imposed under this subchapter shall be consecutive to any other sentence being imposed.  No person shall be sentenced to concurrent sentences for multiple violations of provisions of this subchapter.

§ 3509.  RESTITUTION

In addition to any other penalty available under the law, a court shall order any person convicted of any violation of this subchapter to compensate the victim for losses incurred by paying restitution pursuant to section 7043 of this title, and to pay all expenses incurred by any federal, state or local unit of government in responding to any violation of this subchapter, including any cost of reclamation.

§ 3510.  ARREST

Notwithstanding any provision of law to the contrary in Rule 3 of the Vermont Rules of Criminal Procedure, a law enforcement officer who has probable cause to believe that a person has violated any provision of this chapter may promptly arrest the person, and shall bring the person before the nearest available judicial officer without unnecessary delay. 

Subchapter 2.  Weapons of Mass Destruction

§ 3521.  DEFINITIONS

(a)  As used in this subchapter:

(1)  “Chemical warfare agents” includes, but are not limited to, the following weaponized agents, or any analog of these agents: 
(A)  Nerve agents, including Tabun (GA), Sarin (GB), Soman (GD), GF, and VX.
(B)  Choking agents, including Phosgene (CG) and Diphosgene (DP).
(C)  Blood agents, including Hydrogen Cyanide (AC), Cyanogen Chloride (CK), and Arsine (SA).
(D)  Blister agents, including mustards (H, HD (sulfur mustard), HN‑1, HN-2, HN-3 (nitrogen mustard)), arsenicals, such as Lewisite (L), urticants, such as CX; and incapacitating agents, such as BZ.
(2)  “Federal and state law enforcement authorities” includes, but are not limited to, the Bureau of Alcohol, Tobacco and Firearms, the Federal Bureau of Investigation, Military Police or Military Criminal Investigative Division, Secret Service, Federal Emergency Management Agency (FEMA), the Department of Defense Threat Reduction Agency, and Vermont State Police.
(3)  “Health care provider” means a person, partnership, or corporation, other than a facility or institution, licensed, certified or authorized by law to provide professional health care service in this state to an individual during that individual’s medical care, treatment or confinement.
(4)  “Hoax weapon” means any substance, compound, or other item intended to convey the physical appearance of a weapon of mass destruction or asserted to contain a weapon of mass destruction, which is not a weapon of mass destruction or does not contain a weapon of mass destruction.
(5)  “Nuclear or radiological agents” includes any improvised nuclear device (IND) which is any explosive device designed to cause a nuclear yield; any radiological dispersal device (RDD) which is any explosive device utilized to spread radioactive material; or a simple radiological dispersal device (SRDD) which is any container designed to release radiological material as a weapon without an explosion.
(6)  “Reports” may include the following information, if not obtained for the specific purpose of criminal prosecution:  name, address, Social Security number, employment, injury symptoms, photographs if available, patient complaints, symptoms, history and presentation, present psychiatric condition, treatment, diagnosis, prognosis, and all patient test results, x-rays and CT scans.
(7)  “Vector” means a living organism or a molecule, including a recombinant molecule, or a biological product that may be engineered as a result of biotechnology, that is capable of carrying a biological agent or toxin to a host.
(8)  “Weapon of mass destruction” includes chemical warfare agents, weaponized biological or biologic warfare agents, nuclear agents, radiological agents, or the intentional release of industrial agents as a weapon.
(9)  “Weaponization” is the deliberate processing, preparation, packaging, or synthesis of any substance or agent for use as a weapon or munition.  “Weaponized agents” are those agents or substances that have been prepared for dissemination through any explosive, thermal, pneumatic, mechanical or other means.
(10)  “Weaponized biological or biologic warfare agents” includes weaponized pathogens, such as bacteria, viruses, rickettsia, yeasts, fungi, or genetically-engineered pathogens, toxins, vectors, and endogenous biological regulators (EBRs).
(b)  The intentional release of a dangerous chemical or hazardous material generally utilized in an industrial or commercial process shall be considered use of a weapon of mass destruction when a person knowingly utilizes those agents with the intent to cause harm, and the use places persons or animals at risk of serious injury, illness, or death, or endangers the environment.
(c)  The lawful use of chemicals for legitimate mineral extraction, industrial, agricultural, or commercial purposes is not proscribed by this subchapter.
§ 3522.  Possession and Use of Weapons of Mass 
              Destruction
(a)  A person who knowingly and without lawful authority possesses, develops, manufactures, produces, transfers, acquires, stockpiles or retains any weapon of mass destruction shall be imprisoned not more than 20 years or fined not more than $100,000.00, or both.
(b)  A person who uses or directly employs against another person a weapon of mass destruction in a form that may cause widespread, disabling illness or injury in human beings shall be imprisoned not less than 20 years and fined not more than $250,000.00.
(c)  A person who uses a weapon of mass destruction in a form that may cause widespread damage to and disruption of the water or food supply shall be imprisoned not less than 20 years and fined not more than $250,000.00.
(d)  A person who maliciously uses a weapon of mass destruction against animals or crops in a form that may cause widespread and substantial diminution in the value of stock animals or crops shall be imprisoned not less than 10 years and fined not more than $250,000.00.
(e)  Any person who uses a weapon of mass destruction in a form that may cause widespread and significant damage to public natural resources, including coastal waterways and beaches, public parkland, surface waters, groundwater, and wildlife shall be imprisoned not less than 10 years and fined not more $250,000.00.
(f)  A person who uses recombinant technology or any other biological advance to create new pathogens or more virulent forms of existing pathogens for the purposes specified in this section shall be imprisoned not more than 20 years or fined not more than $250,000.00, or both.
(g)  A person who knowingly places a hoax weapon in any public place, building, house, residence, facility of public transport, vehicular conveyance, ship, boat, aircraft, dam or reservoir for storing water, or disseminates a hoax weapon by any means, shall be imprisoned not more than five years or fined not more than $10,000.00, or both.
(h)  Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws.
§ 3523.  THREATS
(a)  No person shall communicate a threat to use a weapon of mass destruction, knowing that the threat is:
(1)  false or baseless; and 
(2)  likely to cause:
(A)  evacuation of a building, place of assembly, or facility of public transport;
(B)  public inconvenience or alarm;
(C)  a person to fear serious bodily injury.  
(b)  A person who violates this section shall be imprisoned for not more than five years or fined not more than $10,000.00, or both.
(c)  It shall not be a defense to a prosecution under this section that the defendant did not have the capability of committing the specified offense or that the threat was not made to a person who was a subject thereof.
(c)  Nothing in this section shall be construed to limit or restrict prosecution under any other applicable laws.

§ 3524.  Reporting Treatment of Injuries from Weapons of

              Mass Destruction

(a)  Notwithstanding any other provisions of Vermont law or administrative regulation regarding patient confidentiality and privacy rights, any health care provider is required to notify federal and state law enforcement authorities when any condition is observed or any treatment is rendered to persons who appear to exhibit injuries or symptoms consistent with or resulting from the use of, or contact with, restricted biological agents, chemical warfare agents, explosives, vectors or weaponized agents or any other weapon or potential weapon of mass destruction.

(b)  This section does not authorize, nor shall it be interpreted to authorize, unreasonable searches and seizures by public health care employees; nor does this section authorize performance of diagnostic tests or procedures for the specific purpose of incriminating patients, unless the patient consents to such specific tests or procedures after notice of his or her constitutional rights and knowing waiver of them.

(c)  Health care providers who make reports to law enforcement authorities under this section in good faith shall be absolutely immune from prosecution, suit, administrative or regulatory sanctions for defamation, breach of confidentiality or privacy, or any other cause of action based on such reports or error in such reports.

(d)  A health care provider who violates this subsection shall be guilty of a misdemeanor, and shall be fined not more than $1,000.00.

§ 3525.  Reporting ILLNESSES ASSOCIATED WITH BIOTERRORISM

(a)  Illness or health condition.  A health care provider, as defined in section 4030 of this title, shall report all cases of persons who harbor any illness or health condition that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.  Reportable illnesses and health conditions include, but are not limited to, the diseases caused by the biological agents listed in 42 C.F.R. Part 42, Appendix A, and any illnesses or health conditions identified by the department of health as potential causes of a public health emergency.

(b)  Pharmacists.  A pharmacist shall report any unusual or increased prescription rates, unusual types of prescriptions, or unusual trends in pharmacy visits that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a substantial risk of a significant number of human fatalities or incidents of permanent or long-term disability.  Prescription-related events that require a report include, but are not limited to:

(1)  an unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints;

(2)  an unusual increase in the number of prescriptions for antibiotics;

(3)  an unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints; and

(4)  any prescription that treats a disease that is relatively uncommon and has bioterrorism potential.

(c)(1)  Manner of reporting.  A report made pursuant to subsection (a) or (b) of this section shall be made in writing within 24 hours to the commissioner of health or designee. 

(2)  The report shall include as much of the following information as is available:

(A)  The patient’s name, date of birth, sex, race, and current address (including city and county).

(B)  The name and address of the health care provider, and of the reporting individual, if different.

(C)  Any other information needed to locate the patient for follow-up.

(3)  For cases related to animal or insect bites, the suspected locating information of the biting animal or insect, and the name and address of any known owner, shall be reported.

(d)(1)  Animal diseases.  Every veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person having the care of animals, shall report animals having or suspected of having any disease that may be caused by bioterrorism, epidemic or pandemic disease, or novel and highly fatal infectious agents or biological toxins, and might pose a substantial risk of a significant number of human and animal fatalities or incidents of permanent or long-term disability. 

(2)  A report made pursuant to this subsection shall be made in writing within 24 hours to the commissioner of health or designee, and shall include as much of the following information as is available:  the suspected locating information of the animal, the name and address of any known owner, and the name and address of the reporting individual.

(e)  Laboratories.  For purposes of this section only, the term “health care provider” shall include out-of-state medical laboratories that have agreed to the reporting requirements of this state.  Results must be reported by the laboratory that performs the test, but an in-state laboratory that sends specimens to an out‑of‑state laboratory is also responsible for reporting results.

(f)  Enforcement.  The department of health may enforce the provisions of this section in accordance with chapters 3 and 11 of Title 18.

(g)  Disclosure.  Information collected pursuant to this section and in support of investigations and studies undertaken by the commissioner in following up reports made pursuant to this section shall be privileged and confidential.  This subsection shall not apply to the disclosure of information to a federal or state law enforcement agency for a legitimate law enforcement purpose.

Subchapter 3.  Seizure and Forfeiture of Assets

§ 3531.  DEFINITIONS

As used in this subchapter:

(1)  “Court” shall mean the Vermont district court.

(2)  “Law enforcement officer” means a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to section 2358 of Title 20, or a prosecuting attorney.

(3)  “Offense” means a violation of subchapter 1 of this chapter.

(4)  “Prosecuting attorney” means the attorney general or a state’s attorney.

§ 3532.  Seizure of Property Used In Connection With an

              Offense

(a)  Any money or property used, about to be used, or intended to be used in violation of or in connection with any offense, together with any other property integrally related to any offense, is subject to seizure and confiscation by any law enforcement officer.  Seizure and forfeiture under this section may be pursued in addition to or in lieu of proceedings under section 3533 of this title.

(b)  Within 60 days after the seizure of property pursuant to this section, the prosecuting attorney shall:

(1)  institute forfeiture proceedings pursuant to section 3533 of this title; or

(2)  return the property to the person from whom it was seized.

(c)  Property seized under warrant or as evidence of the commission of a crime shall not be subject to the requirements set forth in subsection (b) of this section. 

§ 3533.  FORFEITURE OF Property Used In Connection With                                     an Offense

(a)  The following property shall be subject to forfeiture under this section:

(1)  Any monies, profits or proceeds, and any interest or property which a person has acquired or maintained, directly or indirectly, in whole or in part, as a result of the commission of an offense.

(2)  Any money or property used, or about to be used, or intended to be used in connection with the commission of an offense.

(b)  The state shall commence proceedings under this section by filing a petition for forfeiture in the district court where the property is located or where criminal proceedings arising out of the offense have been instituted.  The petition shall include:

(1)  Material allegations of fact, including the grounds of forfeiture stated with particularity.

(2)  The name and address of every person with an interest in the seized property.

(3)  A representation that written notice of the date, time and place of the hearing has been or will be mailed to every person identified in subdivision (2) of this subsection by certified mail at least 10 days before the day of the hearing.

(4)  A request for forfeiture.

(c)  The court shall schedule a hearing on the petition, which shall take place no less than 30 days after the petition is filed.  Every person with an interest in the seized property may appear as a party and present evidence at the hearing.

(d)  If, after hearing, the court determines that the state has proven, by a preponderance of the evidence, that the property is subject to forfeiture, the court shall grant the petition and order the property forfeited. 

§ 3534.  INJUNCTIVE AND EQUITABLE RELIEF

(a)  Upon motion of the prosecuting attorney, the court may issue a restraining order, injunction, prohibition, or any other order to insure that the property subject to forfeiture is not removed from the jurisdiction of the court, concealed, destroyed or otherwise disposed of prior to the forfeiture hearing.  The prosecuting attorney may file a motion under this section simultaneously with the filing of a petition under section 3533 of this title, or at any time thereafter.

(b)(1)  The court shall grant a motion filed under subsection (a) of this section if it finds there is probable cause to believe the property is subject to forfeiture.

(2)  The court may make the finding required by subdivision (1) of this subsection on the basis of sworn testimony or affidavits of law enforcement officers. 

(c)  The prosecuting attorney shall file a certified copy of a restraining order, injunction or other prohibition issued pursuant to this section with the town clerk of each municipality where property subject to the order is located.  No order issued under this section shall affect the rights of any bona fide purchaser, mortgagee, judgment creditor or other lienholder arising prior to the filing of the order with a town clerk.

(d)  At any time prior to an order of forfeiture, the court may, upon a sworn petition by the owner, holder or any other person having a proper interest therein, conduct a hearing to release all or portions of any property which the court previously determined to be subject to a restraining order, injunction, prohibition or other action.  The court may grant the petition, and release the property, for good cause shown.

§ 3535.  DISPOSITION OF FORFEITED PROPERTY

(a)  Upon an order of forfeiture, the court shall authorize the prosecuting attorney to seize, and transfer to the treasurer for public sale under chapter 13 of Title 27, all property or other interest declared forfeited, unless such property is required, by law, to be destroyed or is harmful to the public. 

(b)  The court may order the treasurer to segregate funds from the proceeds of a sale sufficient to satisfy:

(1)  a restitution order;

(2)  any legal right, title or interest which the court deems superior to any right, title or interest of the defendant at the time of the commission of the acts which gave rise to forfeiture under this subchapter;

(3)  a bona fide purchaser for value of any right, title or interest in the property who was without reasonable notice that the property was subject to forfeiture.

(c)  Following the entry of an order of forfeiture, the treasurer shall publish notice of the order and of the state’s intent to dispose of the property.  Within 30 days following publication, any person may petition the court to adjudicate the validity of a claimed interest in the property.

(d)  After the deduction of all requisite expenses of administration and sale, the treasurer shall distribute the proceeds of such sale, along with any monies forfeited or seized, among victims of the offense and participating law enforcement agencies in such equitable portions as the court shall determine.

(e)  No judge shall release any property or money seized under this subchapter for the payment of attorney’s fees of any person claiming an interest in the money or property.

Sec. 4.  4 V.S.A. § 437 is amended to read:

§ 437.  CIVIL JURISDICTION OF DISTRICT COURT

The district court shall have jurisdiction of the following actions:

* * *

(10)  Civil actions under subchapter 1 of chapter 76 of Title 13.

(11)  Seizure and forfeiture proceedings under subchapter 3 of chapter 76 of Title 13.

Sec. 5.  8 V.S.A. § 11606 is added to read:

§ 11606.  Duty to Report Possession of Funds Belonging To

                Terrorist Organizations

(a)  Definitions.  As used in this section:

(1)  “Financial institution” shall mean an institution as defined in subdivision 10202(5) of this title which has an office, branch or other representative in this state.

(2)  “Terrorist” or “terrorist organization” means any person who has engaged in or is about to engage in an act of terrorism as defined in section 3401 of Title 13, or any organization that has been designated by the United States Department of State as a Foreign Terrorist Organization.

(b)  Any financial institution that becomes aware that it has in its possession or control funds, located within the state, in which a terrorist, terrorist organization, or an agent of such person or organization has an interest, shall:

(1)  Retain possession of or maintain control over such funds for a period of 10 days; and

(2)  Provide notice of the existence of such funds to the attorney general and to the state’s attorney of any county in which the financial institution has an office.

(c)  If, 10 days after the actual receipt of notice provided under subdivision (a)(2) of this section, neither the attorney general nor any state’s attorney who received notice notifies the financial institution that action must be taken with respect to the funds, the financial institution shall have no further duty to retain possession of or maintain control over the funds.

(d)  A financial institution that knowingly fails to comply with this section shall be subject to a civil penalty in an amount that is the greater of:

(1)  $100,000.00 per violation; or

(2)  Three times the amount of which the financial institution was required to retain possession or control.

Sec. 6.  13 V.S.A. § 9(a) is amended to read:

(a)  A person who attempts to commit an offense and does an act toward the commission thereof, but by reason of being interrupted or prevented fails in the execution of the same, shall be punished as herein provided unless other express provision is made by law for the punishment of the attempt.  If the offense attempted to be committed is murder, aggravated murder, kidnapping, arson causing death, aggravated sexual assault or, sexual assault, or a violation of chapter 76 of this title, a person shall be punished as the offense attempted to be committed is by law punishable.

Sec. 7.  13 V.S.A. § 11a is amended to read:

§ 11a.  Violent Career Criminals

* * *

(d)  As used in this section, “felony crime of violence” shall mean the following crimes:

* * *

(14)  an offense punishable as a felony under chapter 76 of this title.

Sec. 8.  13 V.S.A. § 1404 is amended to read:

§ 1404.  CONSPIRACY

* * *

(c)  This section applies only to a conspiracy to commit or cause the commission of one or more of the following offenses:

* * *

(6)  A violation of chapter 76 of this title.

Sec. 9.  13 V.S.A. § 1409 is amended to read:

§ 1409.  PENALTIES

(a)  The penalty for conspiracy to commit an offense other than an offense under chapter 76 of this title is the same as that authorized for the crime which is the object of the conspiracy, except that no term of imprisonment shall exceed five years, and no fine shall exceed $10,000.00.  A sentence imposed under this section shall be concurrent with any sentence imposed for an offense which was an object of the conspiracy.

(b)  The penalty for conspiracy to commit an offense under chapter 76 of this title is the same as that authorized for the crime which is the object of the conspiracy.

Sec. 10.  13 V.S.A. § 4501(a) is amended to read:

(a)  Prosecutions for aggravated sexual assault, murder, arson causing death, and kidnapping and any offense punishable as a felony under chapter 76 of this title may be commenced at any time after the commission of the offense.

Sec. 11.  20 V.S.A. § 1932 is amended to read:

§ 1932.  DEFINITIONS

As used in this subchapter:

* * *

(12)  “Violent crime” means any of the following offenses:

* * *

(R)  a violation of chapter 76 of Title 13;

(R)(S)  an attempt to commit any offense listed in this subdivision; or

(S)(T)  any other offense, if, as part of a plea agreement in an action in which the original charge was a crime listed in this subdivision and probable cause was found by the court, there is a requirement that the defendant submit a DNA sample to the DNA data bank.

Sec. 12.  20 V.S.A. § 1935(a) is amended to read:

(a)  If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, a state’s attorney or the commissioner of the department of corrections or public safety shall file a motion in the district court for an order requiring the person to provide the sample.

Sec. 13.  23 V.S.A. § 104 is amended to read:

§ 104.  PUBLIC RECORDS

(a)  The records of the registration of motor vehicles, snowmobiles and motorboats, licensing of operators and registration of dealers, all original accident reports, and the records showing suspension and revocation of licenses and registrations and the records regarding diesel fuel, gasoline and rental vehicle taxes shall be deemed official and public records, and shall be open to public inspection at all reasonable hours.  The commissioner shall furnish certified copies of the records to any interested person on payment of such fee as established by section subdivision 114(a)(21) of this title.  Notwithstanding section 114 of this title information from the records of the department may be made available to government agencies in the manner determined by the commissioner and at the actual cost of furnishing the same.  The records may be maintained on microfilm or electronic imaging.

(b)  Notwithstanding any other provision of law to the contrary, except for requests from government agencies or persons acting on behalf of government agencies, the commissioner shall not furnish to any person copies of photographs or imaged likenesses of persons to whom licenses, permits or nondriver identification cards have been issued, without the express consent of the person depicted in the photograph or imaged likeness.

Sec. 14.  23 V.S.A. § 115 is amended to read:

§ 115.  NONDRIVER IDENTIFICATION CARDS

(a)  Any Vermont resident may make application to the commissioner and be issued an identification card which is attested by the commissioner as to true name, correct age, and any other identifying data as the commissioner may require which shall include, in the case of minor applicants, the written consent of the applicant’s parent, guardian or other person standing in loco parentis.  Every application for an identification card shall be signed by the applicant and shall contain such evidence of age and identity as the commissioner may require.  The commissioner shall require payment of a fee of $10.00 $15.00 at the time application for an identification card is made.

(b)  Every identification card shall expire, unless earlier cancelled canceled, on the fourth birthday of the applicant following the date of original issue, and may be renewed every four years upon payment of a $10.00 $15.00 fee.

(c)  In the event an identification card is lost, destroyed, mutilated, or a new name is acquired, a replacement may be obtained upon furnishing satisfactory proof to the commissioner and paying a $5.00 $10.00 fee.

(d)  The identification card shall bear the following notice:  “For identification purposes only.”

(e)  The holder of an identification card shall notify the commissioner of motor vehicles, in writing, of a change in address within 30 days after the change is made.

(f)  The commissioner shall cancel the identification card if the card is fraudulently obtained, altered or misused.

(g)  The identification card may, if requested, shall contain a photograph or imaged likeness of the applicant.  The photographic identification card shall be available at a location designated by the commissioner.  The additional fee shall be $5.00.

(h)  An identification card issued to an individual who is under the age of 18 shall be distinguishable by color from an identification card issued to an individual who is over the age of 18 but under the age of 21, and both cards shall be distinguishable by color from an identification card issued to an individual 21 or older.  An identification card issued to an individual under the age of 21 shall clearly indicate, in prominent type, the date on which the individual will become 21.  The distinguishing colors shall be the same as those used to distinguish operator’s licenses issued under section 610 of this title.

(i)  A photographic An identification card issued under this subsection to an individual under the age of 30 shall include a magnetic strip that includes only the name, date of birth, height and weight of the individual identified on the card.

(j)  At the option of the applicant, his or her valid Vermont license may be surrendered in connection with an application for an identification card.  In such instances, the fee due under subsection (a) of this section shall be reduced by:

(1)  one-quarter of the four-year fee established by subsection 601(c) of this title for each remaining full year of validity; or

(2)  one-half of the two-year fee paid for each remaining full year of validity.

Sec. 15.  23 V.S.A. § 603(d) is added to read:

(d)  In addition to any other requirement of law or rule, a resident of a foreign country shall produce his or her passport and visa for inspection and copying as a part of the application process for an operator license, junior operator license or learner permit.  Notwithstanding any law or rule to the contrary, an operator license, junior operator license or learner permit issued to a resident of a foreign country shall expire coincidentally with the expiration of his or her visa.

Sec. 16.  23 V.S.A. § 610(a) is amended to read:

§ 610.  LICENSE CERTIFICATES

(a)  The commissioner shall assign a distinguishing number to each licensee and shall furnish the licensee with a license certificate, showing the number, the licensee’s full name, date of birth, a brief description, and mailing address and a space for the signature of the licensee.  The license shall be void until signed by the licensee.