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H.623

Introduced by   Representatives Grad of Moretown, Gervais of Enosburg, Kainen of Hartford, Komline of Dorset, Larson of Burlington, Marek of Newfane and Pugh of S. Burlington

Referred to Committee on

Date:

Subject:  Crimes and criminal procedure; breach of the peace; domestic assault

Statement of purpose:  This bill proposes to:  (1) clarify that strangulation constitutes “serious bodily injury” in the assault statutes; (2) increase the penalty for domestic assault; and (3) create a new misdemeanor crime for interfering with a family or household member’s attempt to receive emergency assistance.

AN ACT RELATING TO DOMESTIC ASSAULT

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

Sec. 1.  13 V.S.A. § 1021(2) is amended to read:

§ 1021.  DEFINITIONS

For the purpose of this chapter:

* * *

(2)  “Serious bodily injury” means bodily injury which creates any of the following:

(A)  a substantial risk of death or which causes;

(B)  a substantial loss or impairment of the function of any bodily member or organ or, including the ability to breathe;

(C)  a substantial impairment of health,; or

(D)  substantial disfigurement;

Sec. 2.  13 V.S.A. § 1042 is amended to read:

§ 1042.  DOMESTIC ASSAULT

Any person who attempts to cause or wilfully or recklessly causes bodily injury to a family or household member, or wilfully causes a family or household member to fear imminent serious bodily injury shall be imprisoned not more than one year two years or fined not more than $5,000.00, or both.

Sec. 3.  13 V.S.A. § 1045 is added to read:

§ 1045.  INTERFERENCE WITH EMERGENCY SERVICE

A person who willfully or recklessly prevents or attempts to prevent a family or household member from seeking or receiving emergency assistance shall be imprisoned not more than one year or fined not more than $5,000.00, or both.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us