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BILL AS INTRODUCED 2007-2008

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H.418

Introduced by   Representatives Sunderland of Rutland Town, Allard of St. Albans Town, Branagan of Georgia, Consejo of Sheldon, Howrigan of Fairfield and LaVoie of Swanton

Referred to Committee on

Date:

Subject:  Crimes and criminal procedure; sex offenders

Statement of purpose:  This bill proposes to establish a mandatory minimum jail sentence of 25 years to life for sexual offenses committed against a child under 12 years of age, prohibit the department of corrections from approving housing for certain supervised registered sex offenders within 250 yards of locations where children may be found, and prohibit certain unsupervised registered sex offenders from living within 250 yards of locations where children may be found.

AN ACT RELATING TO MANDATORY MINIMUM SENTENCES FOR SEXUAL OFFENSES AGAINST A CHILD AND RESIDENCE RESTRICTIONS FOR CERTAIN SEX OFFENDERS

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


Sec. 1.  13 V.S.A. § 2602 is amended to read:

§ 2602.  LEWD OR LASCIVIOUS CONDUCT WITH CHILD

(a)(1)  No person shall willfully and lewdly commit any lewd or lascivious act upon or with the body, or any part or member thereof, of a child under the age of 16 years of age, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of such person or of such child.

(2)  This section shall not apply if the person is less than 19 years old, the child is at least 15 years old, and the conduct is consensual.

(b)  A person who violates subsection (a) of this section shall be:

(1)  For a first offense, imprisoned not less than two years and not more than 15 years, and, in addition, may be fined not more than $5,000.00, or both.

(2)  For a second or subsequent offense, imprisoned not less than five 25 years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(3)  For a third or subsequent offense, imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $25,000.00, or both.

(c)(1)  Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subdivision (b)(2) of this section shall include at least a five-year term of imprisonment and a sentence ordered pursuant to subdivision (b)(3) of this section shall include at least a ten-year term of imprisonment. The five-year and ten-year terms 25-year term of imprisonment required by this subdivision (b)(2) of this section shall be served and may not be suspended, deferred, or served as a supervised sentence.  The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year 25-year term of imprisonment.

(2)  The court may depart downwardly from the five-year and ten-year terms of imprisonment required by subdivisions (b)(2) and (3) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety.

(d)  A person convicted of violating subdivision (b)(2) or (3) of this section shall be sentenced under section 3271 of this title.

Sec. 2.  13 V.S.A. § 3252 is amended to read:

§ 3252.  SEXUAL ASSAULT

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(f)(1)  A person who violates subsection (a), (b), (d), or (e) of this section shall be imprisoned not less than three years and for a maximum term of life, and, in addition, may be fined not more than $25,000.00.

(2)  A person who violates subsection (c) of this section shall be imprisoned for not more than 20 years, and, in addition, may be fined not more than $10,000.00.

(3)  A person who violates this section by offending against a victim who is under 12 years of age shall be imprisoned not less than 25 years and for a maximum term of life, and, in addition, may be fined not more than $50,000.00.  The 25-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence.  The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the 25-year term of imprisonment. 

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Sec. 3.  13 V.S.A. § 3253 is amended to read:

§ 3253.  AGGRAVATED SEXUAL ASSAULT

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(b)(1)  A person who commits the crime of aggravated sexual assault shall be imprisoned not less than ten years and a maximum term of life, and, in addition, may be fined not more than $50,000.00.

(2)  A person who commits the crime of aggravated sexual assault by offending against a victim who is under 13 years of age shall be imprisoned not less than 25 years and for a maximum term of life, and, in addition, may be fined not more than $50,000.00.  The 25-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence.  The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the 25-year term of imprisonment.

(c)(1)  Except as provided in subdivision (2) of this subsection, a sentence ordered pursuant to subsection (b) subdivision (b)(1) of this section shall include at least a ten-year term of imprisonment.  The ten-year term of imprisonment required by this subdivision shall be served and may not be suspended, deferred, or served as a supervised sentence.  The defendant shall not be eligible for probation, parole, furlough, or any other type of early release until the expiration of the five-year or ten-year term of imprisonment.

(2)  The court may depart downwardly from the ten-year term of imprisonment required by subsection (b) of this section and impose a lesser term of incarceration if the court makes written findings on the record that the downward departure will serve the interests of justice and public safety, provided that in no event may the court impose a term of incarceration of less than five years.

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Sec. 4.  13 V.S.A. § 5415 is added to read:

§ 5415.  RESIDENCE RESTRICTIONS

(a)  A registered sex offender, as defined by subdivision 5401(10)(B) of this title, shall not reside within 250 yards of a public or independent school as defined by 16 V.S.A. § 11, a licensed child day care facility, or a registered family day care home.

(b)  A sex offender who violates subsection (a) of this section shall be imprisoned for not more than two years or fined not more than $1,000.00, or both.  A sentence imposed under this subsection shall run consecutively with any sentence being served by the sex offender at the time of sentencing.

(c)  The provisions of this section shall apply only to the duration of time for which the sex offender is required to register under this subchapter.

Sec. 5.  28 V.S.A. § 710 is added to read:

§ 710.  APPROVAL OF RESIDENCE

(a)  The commissioner shall not approve for a sex offender, as defined by 13 V.S.A. § 5401(10)(B), who is under the commissioner’s supervision a residence which is located within 250 yards of a public or independent school as defined by 16 V.S.A. § 11, a licensed child day care facility, or a registered family day care home and whom:

(1)  the court has released on a probationary sentence or an alternative sentence under community supervision by the department; or

(2)  the commissioner is releasing from confinement.

(b)  This act shall apply to decisions of the commissioner of corrections made after June 30, 2006 regarding the residence of offenders covered by this act.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us