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H.219

Introduced by   Representatives Sharpe of Bristol, Perry of Richford and Kennedy of Chelsea

Referred to Committee on

Date:

Subject:  Crimes; fines; fines payable to state  

Statement of purpose:  This bill proposes to require the state and a municipality or sheriff’s department to share fines equally when assessment of a fine is the result of enforcement action by the municipality’s police department or the sheriff’s department. 

AN ACT RELATING TO SHARING FINES WITH MUNICIPALITIES AND SHERIFFS’ DEPARTMENTS

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

Sec. 1.  13 V.S.A. § 7252 is amended to read:

§ 7252.  FINES PAYABLE TO STATE

(a)  All Except as provided by subsection (b) of this section and section 7251 of this title, fines collected in prosecutions for offenses or for the breach of a penal law, except as provided in section 7251 of this title, civil offenses, other than municipal violations, and criminal offenses shall belong and be paid to the state.

(b)  The state and a municipality shall share fines equally when assessment of the fine was the result of enforcement action by the municipality’s police department.  The fine amount to be shared by the state and municipality shall be the balance after subtraction of the assessment fee as provided in section 7282 of this title and of any processing fee.  Any participation in the investigation of an offense and the resulting charges shall be considered adequate participation on behalf of the law enforcement agency to qualify for sharing fines.

(c)  When a fine is the result of an enforcement action by a sheriff’s department and the municipality in which the enforcement action occurs has a contract or agreement for the provision of law enforcement services with the sheriff’s department, the state and the municipality shall share fines equally when assessment of the fine was the result of an enforcement action by the sheriff’s department.  The fine amount to be shared by the state and municipality shall be the balance after subtraction of the assessment fee as provided in section 7282 of this title and any processing fee.  Any participation in the investigation of an offense and the resulting charges shall be considered adequate participation on behalf of the sheriff’s department to qualify for sharing fines.

(d)  When a fine is the result of an enforcement action by a sheriff’s department and the municipality in which the enforcement action occurs does not have a contract or agreement for the provision of law enforcement services with the sheriff’s department, the state and the sheriff’s department shall share fines equally when assessment of the fine was the result of an enforcement action by the sheriff’s department.  The fine amount to be shared by the state and the sheriff’s department shall be the balance after subtraction of the assessment fee as provided in section 7282 of this title and any processing fee.  Any participation in the investigation of an offense and the resulting charges shall be considered adequate participation on behalf of the sheriff’s department to qualify for sharing fines.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us