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BILL AS INTRODUCED 2007-2008

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S.301

Introduced by   Senator Mullin of Rutland District and Senator Sears of Bennington District

Referred to Committee on

Date:

Subject:  Assault on law enforcement officer; penalties; hate crimes; firefighters   

Statement of purpose:  This bill proposes to enhance the penalties for committing assaults on law enforcement officers, and to add law enforcement officers and firefighters to the classes protected by the hate-motivated crimes statute.

AN ACT RELATING TO ASSAULTS ON LAW ENFORCEMENT OFFICERS AND TO HATE-MOTIVATED CRIMES AGAINST LAW ENFORCEMENT OFFICERS AND FIREFIGHTERS

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

Sec. 1.  13 V.S.A. § 1028 is amended to read:

§ 1028.  ASSAULT OF LAW ENFORCEMENT OFFICER, FIREFIGHTER,

              OR EMERGENCY MEDICAL PERSONNEL MEMBER

A person convicted of a simple or aggravated assault against a law enforcement officer, firefighter, or member of emergency services personnel as defined in subdivision 2651(6) of Title 24 while the officer, firefighter, or emergency medical personnel member is performing a lawful duty, in addition to any other penalties imposed under sections 1023 and 1024 of this title, shall:

(1)  For the first offense, be imprisoned not more than one year two years;

(2)  For the second offense and subsequent offenses, be imprisoned not more than ten years.

Sec. 2.  13 V.S.A. § 1455 is amended to read:

§ 1455.  HATE-MOTIVATED CRIMES

A person who commits, causes to be committed or attempts to commit any crime and whose conduct is maliciously motivated by the victim's actual or perceived race, color, religion, national origin, sex, ancestry, age, service in the armed forces of the United States, status as a law enforcement officer or firefighter, handicap as defined by 21 V.S.A. § 495d(5), sexual orientation, or gender identity shall be subject to the following penalties:

(1)  If the maximum penalty for the underlying crime is one year or less, the penalty for a violation of this section shall be imprisonment for not more than two years or a fine of not more than $2,000.00, or both.

(2)  If the maximum penalty for the underlying crime is more than one year but less than five years, the penalty for a violation of this section shall be imprisonment for not more than five years or a fine of not more than $10,000.00, or both.

(3)  If the maximum penalty for the underlying crime is five years or more, the penalty for the underlying crime shall apply; however, the court shall consider the motivation of the defendant as a factor in sentencing.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us