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H.391

Introduced by   Representatives Sharpe of Bristol, Clark of Vergennes, Houston of Ferrisburgh, Jewett of Ripton, Maier of Middlebury, Nuovo of Middlebury and Smith of New Haven

Referred to Committee on

Date:

Subject:  Criminal procedures; release prior to trial; admission of alcosensor results  

Statement of purpose:  This bill proposes to permit a judge to require a defendant to take periodic alcosensor tests if the defendant is ordered not to consume alcohol while released prior to trial.  The alcosensor test results are admissible in proceedings for violation of conditions of release. 

AN ACT RELATING TO ADMISSION OF ALCOSENSOR RESULTS IN PROCEEDINGS FOR VIOLATION OF CONDITIONS OF RELEASE

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

Sec. 1.  13 V.S.A. § 7554 is amended to read:

§ 7554.  RELEASE PRIOR TO TRIAL

(a)  Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at his or her appearance before a judicial officer be ordered released pending trial in accordance with this section.

* * *

(3)  A judicial officer may order that a defendant not harass or cause to be harassed a victim or potential witness.  This order shall take effect immediately; regardless of whether the defendant is incarcerated or released.

(4)  If the judicial officer orders as a condition of release that a defendant not consume alcohol, the officer may order as an additional condition that the defendant submit to periodic alcosensor tests.  The results of the tests shall be admissible in a proceeding alleging a violation of conditions of release as evidence from which the court can find that the defendant did consume alcohol.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us