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NO. 4. AN ACT RELATING TO LISTED CRIMES.

(H.17)

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

Sec. 1. 13 V.S.A. § 5301(7) is added to read:

(7) For the purpose of this chapter, "listed crime" means any of the following offenses:

(A) stalking as defined in section 1062 of this title;

(B) aggravated stalking as defined in subdivision 1063(a)(3) or (4) of this title;

(C) domestic assault as defined in section 1042 of this title;

(D) first degree aggravated domestic assault as defined in

section 1043 of this title;

(E) second degree aggravated domestic assault as defined in section 1044 of this title;

(F) sexual assault as defined in section 3252 of this title or its predecessor as it was defined in section 3201 or 3202 of this title;

(G) aggravated sexual assault as defined in section 3253 of this title;

(H) lewd or lascivious conduct as defined in section 2601 of this title;

(I) lewd or lascivious conduct with a child as defined in section 2602 of this title;

(J) murder as defined in section 2301 of this title;

(K) aggravated murder as defined in section 2311 of this title;

(L) manslaughter as defined in section 2304 of this title;

(M) aggravated assault as defined in section 1024 of this title;

(N) assault and robbery with a dangerous weapon as defined in subsection 608(b) of this title;

(O) arson causing death as defined in section 501 of this title;

(P) assault and robbery causing bodily injury as defined in subsection 608(c) of this title;

(Q) maiming as defined in section 2701 of this title;

(R) kidnapping as defined in section 2405 of this title or its predecessor as it was defined in section 2401 of this title;

(S) unlawful restraint in the second degree as defined in section 2406 of this title;

(T) unlawful restraint in the first degree as defined in section 2407 of this title;

(U) recklessly endangering another person as defined in section 1025 of this title;

(V) violation of abuse prevention order as defined in section 1030 of this title, excluding violation of an abuse prevention order issued pursuant to 15 V.S.A. § 1104 (emergency relief) or 33 V.S.A. § 6936 (emergency relief);

(W) operating vehicle under the influence of intoxicating liquor or other substance with either death or serious bodily injury resulting as defined in section 1210(e) and (f) of Title 23;

(X) careless or negligent operation resulting in serious bodily injury or death as defined in section 1091(c) or (d) of Title 23;

(Y) leaving the scene of an accident with serious bodily injury or death as defined in section 1128(b) or (c) of Title 23;

(Z) burglary into an occupied dwelling as defined in section 1201(c) of this title; and

(AA) the attempt to commit any of the offenses listed in this section.

Sec. 2. 13 V.S.A. § 5320 is amended to read:

§ 5320. NOTIFICATION OF CONDITIONS OF RELEASE TO VICTIM IN

DELINQUENCY PROCEEDINGS

Upon request, the victim in a delinquency proceeding based on a listed crime, *[as defined in 13 V.S.A. § 13,]* shall be notified when conditions of release are initially ordered or modified by the court.

Sec. 3. 13 V.S.A. § 5321 is added to read:

§ 5321. APPEARANCE BY VICTIM

(a) The victim of a crime has the following rights in any sentencing proceedings concerning the person convicted of that crime:

(1) to be given advance notice by the prosecutor's office of the date of the proceedings; and

(2) to appear, personally, to express reasonably his or her views concerning the crime, the person convicted, and the need for restitution.

(b) Sentencing shall not be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.

(c) In accordance with court rules, at the sentencing hearing, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding sentencing. In imposing sentence, the court shall consider any views offered at the hearing by the victim. If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding sentencing and shall take those views into consideration in imposing sentence.

(d) At or before the sentencing hearing, the prosecutor's office shall instruct the victim of a listed crime, in all cases where the court imposes a sentence which includes a period of incarceration, that a sentence of incarceration is to the custody of the commissioner of corrections and that the commissioner of corrections has the authority to affect the actual time the defendant shall serve in incarceration through good time credit, furlough, work-release and other early release programs. In addition, the prosecutor's office shall explain the significance of a minimum and maximum sentence to the victim and shall also explain the function of parole and how it may affect the actual amount of time the defendant may be incarcerated.

(e) The prosecutor's office shall use all reasonable efforts to keep the victim informed and consult with the victim throughout the plea agreement negotiation process in any case involving a victim of a listed crime.

Sec. 4. 28 V.S.A. § 205(b) is amended to read:

(b) The victim of a listed crime as defined in *[section 13 of Title 13]* 13 V.S.A. § 5301(7) for which the offender has been placed on probation shall have the right to request, and receive from the department of corrections information regarding the offender's general compliance with the specific conditions of probation. Nothing in this section shall require the department of corrections to disclose any confidential information revealed by the offender in connection with participation in a treatment program.

Sec. 5. 28 V.S.A. § 507(a) and (b) are amended to read:

(a) At least 30 days prior to a parole eligibility hearing, the victim of a listed crime as defined in *[section 13 of Title 13]* 13 V.S.A. § 5301(7), shall be notified as to the time and location of the hearing. Such notification may be waived by the victim in writing.

(b) At a parole eligibility hearing, unless waived by the victim of a listed crime as defined in *[section 13 of Title 13]* 13 V.S.A. § 5301(7), the inmate shall not be present when the victim testifies before the parole board.

Sec. 6. 33 V.S.A. § 5536a(c)(1) is amended to read:

(c) For the purposes of this section:

(1) a "delinquent act requiring notice" means conduct resulting in a delinquency adjudication related to a listed crime as defined in *[13 V.S.A. § 13]* 13 V.S.A. § 5301(7); and

Sec. 7. REPEAL

13 V.S.A. §§ 13 (definition of listed crimes) and 7006 (appearance by victim) are repealed.

Approved: April 21, 1999