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NO. 102. AN ACT RELATING TO AGGRAVATED OPERATION WITHOUT CONSENT OF OWNER.

(S.10)

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

Sec. 1. 23 V.S.A. § 1094 is amended to read:

§ 1094. OPERATION WITHOUT CONSENT OF OWNER;

AGGRAVATED OPERATION WITHOUT CONSENT OF OWNER

(a) *[A person who, without the consent of the owner, takes, uses, operates or removes, or causes to be taken, used, operated or removed from a garage, stable or other building or place or from any place or locality on a private or public highway, park, parkway, street, lot, field, inclosure or space, a motor vehicle, and operates or drives or causes the same to be operated or driven for his or her own profit, pleasure, use or purpose, shall be imprisoned not more than two years or fined not more than $1,000.00, or both. This section shall not be construed to limit or restrict prosecutions for grand larceny.]*

A person commits the crime of operation without consent of the owner if the person, without the consent of the owner, knowingly takes, obtains, operates, uses or continues to operate the motor vehicle of another.

(b) A person commits the crime of aggravated operation without consent of the owner if the person, without the consent of the owner, knowingly takes,

obtains, operates, uses or continues to operate the motor vehicle of another, and:

(1) the motor vehicle is not recovered within 24 hours of the time it is determined the theft occurred regardless of whether the operator is then in actual or constructive possession of the vehicle; or

(2) the motor vehicle sustains $500.00 or more in damage during the commission of the offense; or

(3) the person does any of the following:

(A) Attempts to alter or disguise or alters or disguises the appearance of the motor vehicle.

(B) Attempts to alter or remove or alters or removes the vehicle identification number as defined in section 2001(3) of this title.

(C) Uses the motor vehicle in the commission of a felony.

(D) Causes bodily injury to another while operating or exercising control of the motor vehicle.

(E) Abandons the motor vehicle outside of the state of Vermont.

(F) Unlawfully attaches or otherwise displays in or upon the motor vehicle registration plates other than those officially issued for the motor vehicle.

(c) A person convicted under subsection (a) of this section of operation without consent of the owner shall be imprisoned not more than two years or fined not more than $1,000.00, or both.

(d) A person convicted under subsection (b) of this section of aggravated operation without consent of the owner shall be imprisoned not more than five years or fined not more than $2,000.00, or both.

(e) This section shall not be construed to limit or restrict prosecutions for grand larceny.

*[(b)]*(f) A person convicted of violating this section shall be assessed a surcharge of $50.00, which shall be added to any fine or surcharge imposed by the court. The court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI enforcement fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

Sec. 2. 23 V.S.A. § 801(a)(1)(D) is amended to read:

(a) The commissioner shall require proof of financial responsibility to satisfy any claim for damages, by reason of personal injury to or the death of any person, of at least $25,000.00 for one person and $50,000.00 for two or more persons killed or injured and $10,000.00 for damages to property in any one accident, as follows:

(1) From a person who is convicted of any of the following violations of this title:

* * *

(D) Operating, taking, using or removing a motor vehicle without the consent of the owner in violation of section 1094 of this title;

Sec. 3. 23 V.S.A. § 2502(a)(5)(C) is amended to read:

(a) Any person operating a motor vehicle shall have points assessed against his or her driving record for convictions for moving violations of the indicated motor vehicle statutes in accord with the following schedule: (All references are to Title 23 of the Vermont Statutes Annotated.)

* * *

(5) Ten points assessed for:

* * *

(C) § 1094. Operation without owner’s consent and aggravated operation without owner’s consent;

Approved: May 2, 2000