H 409 — An act relating to appeals of orders denying bail revocation

BILL AS PASSED BY THE HOUSE H.409 Page 1 of 49 H.409 AnIntroduced actby relatingRepresentative toLaLonde appeals of ordersSouth denyingBurlington bailReferred revocationto ItCommittee ison herebyDate: enacted by the General Assembly of the State of Vermont:

Subject:

Crimes;

bail and recognizances;

bail revocation Statement of purpose of bill as introduced:

This bill proposes to develop the procedure to follow to revoke a defendant’s bail or conditions of release.

Specifically, the bill proposes to align the procedure and terminology of the bail revocation statute in accordance with State v.

Sauve, 159 Vt.

566 (1993) and its progeny.

An act relating to the procedures for bail revocation An act relating to appeals of orders denying bail revocation It is hereby enacted by the General Assembly of the State of Vermont:

INTENT It is the intent of the General Assembly that its bail revocation statute is consistent with State v.

Sauve, 159 Vt.

566 (1993);

State v.

Gates, 2016 VT 36;

and their progeny so that repeated failures to appear in court, repeated violations of conditions of release, and other violations of court orders constitute a compelling State interest that falls within the statutory definition of “disrupts the prosecution.” BILL AS PASSED BY THE HOUSE H.409 Page 2 of 9 Sec.

2.

§§ 7575 7551 is amended to read:

§ 7575.

REVOCATION OF THE RIGHT TO BAIL (a) Revocation bases.

The right to bail may be revoked entirely if the judicial officer finds that the accused defendant has:

(1) intimidated or harassed a victim, potential witness, juror, or judicial officer in violation of a condition of release;

or (2) repeatedly violated conditions of release in a manner that impedes disrupts the prosecution of the accused;

or (3) violated a condition or conditions of release that constitute a threat to the integrity of the judicial system;

or (4) without just cause, failed to appear at a specified time and place ordered by a judicial officer;

or (5) in violation of a condition of release, been charged with a felony or a crime against a person or an offense similar to the underlying charge, for which, after hearing, probable cause is found.

(b) Procedure.

(1) At any time during which a defendant is released prior to trial pursuant to section 7554 of this title, a prosecutor may move, or the court on its own motion, to revoke bail based on the conduct identified in subsection (a) of this section.

BILL AS PASSED BY THE HOUSE H.409 Page 3 of 9 (2)(A) The State shall have the burden of proving by a preponderance of the evidence that the accused engaged in the conduct identified in subsection (a) of this section.

(B) Any evidence presented may be shown through affidavits or sworn statements, provided the defendant has the opportunity to present direct evidence at a hearing.

(3) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure, after issuance of an order revoking bail pursuant to subsection (c) of this section, a law enforcement officer may arrest the person subject to the order without a warrant.

(4) The prosecutor or the defendant may move, or the court upon its own motion, to review a bail revocation order issued pursuant to subsection (c) of this section.

Any review shall be scheduled at the discretion of the court.

(5) After issuance of a bail revocation order pursuant to subsection (c) of this section or disposition of a request to review the order pursuant to subdivision (b)(4) of this section, the prosecutor may move to forfeit any bail or bond in accordance with section 7560a of this title.

(c) Orders.

(1) After notice to the defendant and a hearing, the court may issue an order revoking bail only upon a finding that a legitimate and compelling State interest exists to revoke bail.

BILL AS PASSED BY THE HOUSE H.409 Page 4 of 9 (2) In any order revoking bail, the court shall make a specific finding that the State met its burden pursuant to subdivision (b)(2) of this section.

(d) Speedy trial.

(1) Once the court issues an order revoking bail, the court shall set the defendant’s case for trial not more than 60 days from the date of revocation.

(2) If the trial is not commenced within 60 days following revocation and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing in accordance with section 7554 of this title.