Vermont 2025-2026 Regular Session Status: Enacted 1 D cosponsors

S 109 — An act relating to miscellaneous judiciary procedures

Last action — Senate Message: Signed by Governor June 12, 2025

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  1. ✓
    Introduced
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  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 11, 2025. Enacted.

Signed by Governor Phil Scott (Republican) on June 13, 2025.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

685 added · 384 removed

Plain-language change summary

The amended bill S.109 clarifies that the adult court diversion program will now accept referrals for individuals both before and after they are officially charged with a crime. Additionally, it specifies that the program is intended for both those who have caused harm and the victims, promoting a restorative approach to justice. These changes are important because they aim to expand support for individuals involved in the justice system, potentially reducing the number of cases that go through traditional court processes and helping victims find resolution without lengthy legal proceedings.

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AS PASSED BY SENATE S.109 Page 1 of 20 S.109 An act relating to miscellaneous judiciary procedures It is hereby enacted by the General Assembly of the State of Vermont:
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 1 of 27 S.109 Introduced by Senator Hashim Referred to Committee on Judiciary Date:
March 11, 2025 Subject:
Court procedure;
criminal procedure;
miscellaneous amendments Statement of purpose of bill as introduced:
This bill proposes to make a number of miscellaneous amendments related to civil and criminal procedure statutes.
An act relating to miscellaneous judiciary procedures It is hereby enacted by the General Assembly of the State of Vermont:
§ 164 is amended to read:
§ 164 is amended to read:
(2) The program shall be designed to provide a restorative option for persons alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute as well as for victims or those acting on a victim’s behalf who have been allegedly harmed by the responsible party person referred to the program.
(2) The program shall be designed to provide a restorative option for persons alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute as well as for victims or BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 2 of 27 those acting on a victim’s behalf who have been allegedly harmed by the responsible party person referred to the program.
Each State’s Attorney, in cooperation with the Office of the Attorney General and the adult post-charge diversion program, shall develop clear criteria for deciding what types of VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 2 of 20 offenses and offenders will be eligible for diversion;
Each State’s Attorney, in cooperation with the Office of the Attorney General and the adult post- charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion;
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 3 of 27 Sec.
2.
4 V.S.A.
§ 71 is amended to read:
§ 71.
APPOINTMENT AND TERM OF SUPERIOR JUDGES (a) There shall be 34 Superior judges, whose term of office shall, The number of Superior Judges shall be as determined by the General Assembly.
The term of office of a Superior Judge shall, except in the case of an appointment to fill a vacancy or unexpired term, begin on April 1 in the year of their appointment or retention and continue for six years.
3.
4 V.S.A.
§ 1102 is amended to read:
§ 1102.
JUDICIAL BUREAU;
JURISDICTION (a) The Judicial Bureau is created within the Judicial Branch under the supervision of the Supreme Court.
(b) The Judicial Bureau shall have jurisdiction of the following matters:
* * * (4) Violations of 7 V.S.A.
§ 1005, relating to possession and procurement of tobacco products by a person under 21 years of age.
* * * Sec.
4.
4 V.S.A.
§ 1106 is amended to read:
§ 1106.
HEARING * * * BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 4 of 27 (d) A Unless otherwise provided by law, a law enforcement officer may void or amend a complaint issued by that officer by so marking the complaint and returning it to the Bureau, regardless of whether the amended complaint is a lesser included violation.
At the hearing, a law enforcement officer may, unless otherwise provided by law, void or amend a complaint issued by that officer in the discretion of that officer.
* * * Sec.
5.
7 V.S.A.
§ 1005(c) is amended to read:
(c) A person under 21 years of age who misrepresents his or her the person’s age by presenting false identification to purchase tobacco products, tobacco substitutes, or tobacco paraphernalia shall be fined subject to a civil penalty of not more than $50.00 or provide up to 10 hours of community service, or both.
Sec.
6.
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13 V.S.A.
§ 5351(7) is amended to read:
(7) “Victim” means:
(A) a person who sustains injury or death as a direct result of the commission or attempted commission of a crime;
(B) an intervenor who is physically injured or killed in an attempt to assist the person described in subdivision (A) of this subdivision (7) or the police;
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 5 of 27 (C) a surviving immediate family member of a homicide victim, including a spouse, domestic partner, parent, sibling, child, grandparent, or other survivor who may suffer severe emotional harm as a result of the victim’s death as determined on a case-by-case basis in the discretion of the Board;
or (D) a resident of this State who is injured or killed as the result of a crime committed outside the United States.
Sec.
7.
13 V.S.A.
§ 7282 is amended to read:
§ 7282.
SURCHARGE * * * (c) SIU surcharge.
In addition to any penalty or fine imposed by the court for a criminal offense committed after July 1, 2009, the clerk of the court shall levy an additional surcharge of $100.00 to be deposited in the General Fund, in support of the Specialized Investigative Unit Grants Board created in 24 V.S.A.
§ 1940(c), and used to pay for the costs of Specialized Investigative Units.
Sec.
8.
12 V.S.A.
§ 5135(b) is amended to read:
(b) A defendant who attends a hearing held under section 5133 or 5134 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served.
A defendant notified by the court on the BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 6 of 27 record shall be required to adhere immediately to the provisions of the order.
However, even when the court has previously notified the defendant of the order, the court shall transmit the order for additional service by a law enforcement agency.
The clerk shall mail a copy of the order to the defendant at the defendant’s last known address.
Sec.
9.
14 V.S.A.
§ 2 is amended to read:
§ 2.
DEPOSIT OF WILL FOR SAFEKEEPING;
DELIVERY;
FINAL DISPOSITION (a) A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the court of the applicable fee required by 32 V.S.A.
§ 1434(a)(17) 32 V.S.A.
§ 1434(a)(18).
The register shall give to the testator a receipt, shall safely keep each will so deposited, and shall keep an index of the wills so deposited.
* * * Sec.
10.
14 V.S.A.
§ 931 is amended to read:
§ 931.
LIMITATIONS ON CLAIMS OF CREDITORS All claims against the decedent’s estate that arose before the death of the decedent, including claims of the State and any subdivision thereof except claims filed by the State on behalf of Vermont Medicaid, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 7 of 27 estate, the legal representative of the estate, and the heirs and devisees of the decedent, unless presented within one year after the decedent’s death.
Nothing in this section affects or prevents any proceeding to enforce any mortgage, pledge, or other lien upon the property of the estate.
Claims filed by the State on behalf of Vermont Medicaid must be filed in accordance with subsection 1203(d) of this title.
This section shall not be construed to affect the period of limitations applicable to a claim under 12 V.S.A.
§ 557.
Sec.
11.
14 V.S.A.
§ 3068 is amended to read:
§ 3068.
HEARING * * * (e)(1) If upon completion of the hearing and consideration of the record the court finds that the respondent is not a person in need of guardianship, it shall dismiss the petition and seal the records of the proceeding.
(2) If a motion to withdraw the petition is made before the final hearing, the court shall dismiss the petition and seal the records of the proceeding.
(f) If upon completion of the hearing and consideration of the record the court finds that the petitioner has proved by clear and convincing evidence that the respondent is a person in need of guardianship or will be a person in need of guardianship on attaining 18 years of age, it shall enter judgment specifying the powers of the guardian pursuant to sections 3069 and 3070 of this title and the duties of the guardian pursuant to section 3071 of this title.
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 8 of 27 (g) Any party to the proceeding before the court may appeal the court’s decision in the manner provided in section 3080 of this title.
Sec.
12.
14 V.S.A.
§ 4051 is amended to read:
§ 4051.
STATUTORY FORM POWER OF ATTORNEY A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter.
VERMONT STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION * * * GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:
(CAUTION:
Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death.
INITIAL ONLY the specific authority you WANT to give your agent.) ( ) An agent who is not an ancestor, spouse, or descendant may exercise authority under this power of attorney to create in the agent or in an individual to whom the agent owes a legal obligation of support an interest in my BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 9 of 27 property whether by gift, rights of survivorship, beneficiary designation, disclaimer, or otherwise ( ) Create, amend, revoke, or terminate an inter vivos, family, living, irrevocable, or revocable trust ( ) Consent to the modification or termination of a noncharitable irrevocable trust under 14A V.S.A.
§ 411 ( ) Make a gift, subject to the limitations of 14 V.S.A.
§ 4047 (gifts) and any special instructions in this power of attorney ( ) Consent to the modification or termination of a noncharitable irrevocable trust under 14A V.S.A.
§ 411 ( ) Create, amend, or change rights of survivorship ( ) Create, amend, or change a beneficiary designation ( ) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan ( ) Exercise fiduciary powers that the principal has authority to delegate ( ) Authorize another person to exercise the authority granted under this power of attorney ( ) Disclaim or refuse an interest in property, including a power of appointment ( ) Exercise authority with respect to elective share under 14 V.S.A.
§ 319 ( ) Exercise waiver rights under 14 V.S.A.
§ 323 BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 10 of 27 ( ) Exercise authority over the content and catalogue of electronic communications and digital assets under 14 V.S.A.
chapter 125 (Vermont Revised Uniform Fiduciary Access to Digital Assets Act) ( ) Exercise authority with respect to intellectual property, including, without limitation, copyrights, contracts for payment of royalties, and trademarks ( ) Convey, or revoke or revise a grantee designation, by enhanced life estate deed pursuant to 27 V.S.A.
chapter 6 or under common law.
* * * Sec.
13.
14A V.S.A.
§ 1316 is amended to read:
§ 1316.
OFFICE OF TRUST DIRECTOR Unless the terms of a trust provide otherwise, the rules applicable to a trustee apply to a trust director regarding the following matters:
(1) acceptance under section 701 of this title;
(2) giving of bond to secure performance under section 702 of this title;
(3) reasonable compensation under section 708 of this title;
(4) resignation under section 705 of this title;
(5) removal under section 706 of this title;
and (6) vacancy and appointment of successor under section 704 of this title.
Sec.
14.
33 V.S.A.
§ 5204(b)(2)(A) is amended to read:
(2)(A)(i) The Family Division of the Superior Court shall hold a hearing under subsection (c) of this section to determine whether jurisdiction should be BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 11 of 27 transferred to the Criminal Division under subsection (a) of this section if the delinquent act set forth in the petition is:
(I) [Repealed.] (II) human trafficking or aggravated human trafficking in violation of 13 V.S.A.
§ 2652 or 2653;
(III) defacing a firearm’s serial number in violation of 13 V.S.A.
§ 4024 13 V.S.A.
§ 4026;
or (IV) straw purchasing of firearm in violation of 13 V.S.A.
§ 4025;
and (ii) the child had attained 16 years of age but not 19 years of age at the time the act was alleged to have occurred.
Sec.
15.
33 V.S.A.
§ 5225 is amended to read:
§ 5225.
PRELIMINARY HEARING;
RISK ASSESSMENT (a) Preliminary hearing.
A preliminary hearing shall be held at the time and date specified on the citation or as otherwise ordered by the court.
If a child is taken into custody prior to the preliminary hearing, the preliminary hearing shall be at the time of the temporary care hearing.
Counsel for the child shall be assigned prior to the preliminary hearing.
(b) Risk and needs screening.
(1) Prior to the preliminary hearing, the child shall be afforded an opportunity to undergo a risk and needs screening, which shall be conducted BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 12 of 27 by the Department or by a community provider that has contracted with the Department to provide risk and need screenings for children alleged to have committed delinquent acts.
(2) If the child participates in such a screening, the Department or the community provider shall report the risk level result of the screening, the number and source of the collateral contacts made, and the recommendation for charging or other alternatives to the State’s Attorney.
The State’s Attorney shall consider the results of the risk and needs screening in determining whether to file a charge.
In lieu of filing a charge, the State’s Attorney may refer a child directly to a youth-appropriate community-based provider that has been approved by the Department, which may include pre-charge diversion pursuant to 3 V.S.A.
§ 163, a community justice center or a balanced and restorative justice program.
Referral to a community-based provider pursuant to this subsection shall not require the State’s Attorney to file a charge.
If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child’s case shall return to the State’s Attorney for charging consideration.
* * * BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 13 of 27 Sec.
16.
27 V.S.A.
§ 348 is amended to read:
§ 348.
INSTRUMENTS CONCERNING REAL PROPERTY VALIDATED (a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was not sealed, witnessed, acknowledged, validly acknowledged, or because a license to sell was not issued or is defective, the instrument shall, from and after the expiration of 15 years from the filing thereof for record, be valid.
Nothing in this section shall be construed to affect any rights acquired by grantees, assignees, or encumbrancers under the instruments described in the preceding sentence, nor shall this section apply to conveyances or other instruments of writing, the validity of which is brought in question in any suit now pending in any courts of the State.
* * * (d) A release, discharge, or assignment of mortgage interest executed by a commercial lender with respect to a one- to four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that recites authority to act on behalf of the record holder of the mortgage under a power of attorney but where the power of attorney is not of record shall have the same effect as if executed by the record holder of the mortgage unless, within three years after BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 14 of 27 the instrument is recorded, an action challenging the release, discharge, or assignment is commenced and a copy of the complaint is recorded in the land records of the town where the release, discharge, or assignment is recorded.
This subsection shall not apply to releases, discharges, or assignments obtained by fraud or forgery.
(e) A power of attorney made for the purpose of conveying, leasing, mortgaging, or affecting any interest in real property that has been acknowledged and signed in the presence of at least one witness shall be valid, notwithstanding its failure to comply with 14 V.S.A.
§ 3503 or the requirements of the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State, unless within three years after recording, an action challenging its validity is commenced and a copy of the complaint is recorded in the land records of the town where the power of attorney is recorded.
This subsection shall not apply to a power of attorney obtained by fraud or forgery.
(f) Notwithstanding section 305 of this title, a deed, mortgage, lease, or other instrument executed for the purpose of conveying or encumbering real property executed by a person purporting to act as the agent or attorney-in-fact for the party named in the deed, mortgage, lease, or other instrument, that has been recorded for at least 15 years in the land records where the real property is located shall be valid even if no power of attorney authorizing and BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 15 of 27 empowering an agent or attorney-in-fact appears of record, unless, within 15 years after recording, an action challenging the validity of the deed, mortgage, lease, or other instrument is commenced and a copy of the complaint is recorded in the land records of the town where the property is located.
Sec.
17.
32 V.S.A.
§ 1003 is amended to read:
§ 1003.
STATE OFFICERS * * * (c) The officers of the Judicial Branch named in this subsection shall be entitled to annual salaries as follows:
Annual Annual Salary Salary as of as of July 14, July 13, 2024 2025 (1) Chief Justice of Supreme Court $214,024 $225,581 (2) Each Associate Justice $204,264 $215,294 (3) Administrative Chief Superior Judge $204,264 $215,294 (4) Each Superior Judge $194,185 $204,671 (5) [Repealed.] (6) Each Magistrate $146,413 $154,319 BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 16 of 27 (7) Each Judicial Bureau hearing officer $146,413 $154,319 * * * Sec.
18.
2023 Acts and Resolves No.
27, Sec.
5 (forensic facility report) is amended to read:
Sec.
5.
[Deleted.] Sec.
19.
EFFECTIVE DATES This act shall take effect on passage, except that Sec.
1 shall take effect on July 2, 2025.
Sec.
1.
3 V.S.A.
§ 164 is amended to read:
§ 164.
ADULT COURT DIVERSION PROGRAM (a) Purpose.
(1) The Attorney General shall develop and administer an adult court diversion program, for both pre-charge and post-charge referrals, available in all counties.
(2) The program shall be designed to provide a restorative option for persons alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute as well as for victims or those acting on a victim’s behalf who have been allegedly harmed by the responsible party person referred to the program.
The diversion program can accept referrals to the program as follows:
* * * (c) Adult diversion program policy and referral requirements.
* * * (3) Adult post-charge diversion requirements.
Each State’s Attorney, in cooperation with the Office of the Attorney General and the adult post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion;
however, the State’s Attorney shall retain final discretion over the referral of each case for BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 17 of 27 diversion.
All adult post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:
(A) The post-charge diversion program for adults shall only accept persons against whom charges have been filed and the court has found probable cause, but are not adjudicated.
(B) A prosecutor may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of the prosecutor’s of the referral to diversion.
* * * Sec.
§ 71 is amended to read:
§ 71 is amended to read:
* * * VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 3 of 20 Sec.
* * * Sec.
§ 1102 is amended to read:
§ 1102 is amended to read:
§ 1106 is amended to read:
§ 1106 is amended to read:
At the hearing, a law enforcement officer may, unless otherwise provided by law, void or amend a complaint issued by that officer in the discretion of that officer.
At the hearing, a law enforcement officer may, BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 18 of 27 unless otherwise provided by law, void or amend a complaint issued by that officer in the discretion of that officer.
* * * VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 4 of 20 Sec.
* * * Sec.
§ 1005(c) is amended to read:
§ 1005(c) is amended to read:
§ 5 is amended to read:
§ 5 is amended to read:
VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 5 of 20 (2) State agencies in accordance with data dissemination contracts entered into under Rule 12 of the Vermont Rules for Public Access to Court Records;
(2) State agencies in accordance with data dissemination contracts entered into under Rule 12 of the Vermont Rules for Public Access to Court Records;
§ 4937 is amended to read:
§ 4937 is amended to read:
Sec.
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 19 of 27 Sec.
§ 4013 is amended to read:
§ 4013 is amended to read:
§ 4013 for possessing, selling, or offering for sale a switchblade knife that occurred prior to July 1, 2025.
§ 4013 for possessing, selling, or offering for sale a switchblade knife that occurred prior to July 1, 2025.
The process and effect VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 6 of 20 for expungement of these records shall be as provided for in 13 V.S.A.
The process and effect for expungement of these records shall be as provided for in 13 V.S.A.
§ 7606 and shall be completed by the court and all entities subject to the order not later than July 1, 2026.
§ 7606 and shall be completed by the court and all entities subject to the order not later than July 1, 2026.
§ 5351(7) is amended to read:
§ 5351(7) is amended to read:
§ 7282 is amended to read:
§ 7282 is amended to read:
SURCHARGE * * * VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 7 of 20 (c) SIU surcharge.
SURCHARGE * * * (c) SIU surcharge.
Sec.
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 20 of 27 Sec.
§ 5135(b) is amended to read:
§ 5135(b) is amended to read:
§ 2 is amended to read:
§ 2 is amended to read:
FINAL DISPOSITION (a) A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 8 of 20 court of the applicable fee required by 32 V.S.A.
FINAL DISPOSITION (a) A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the court of the applicable fee required by 32 V.S.A.
§ 1434(a)(18).
§ 1434(a)(18).
§ 3068 is amended to read:
§ 3068 is amended to read:
VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 9 of 20 Sec.
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 21 of 27 Sec.
§ 4051 is amended to read:
§ 4051 is amended to read:
INITIAL ONLY the specific authority you WANT to give your agent.) ( ) An agent who is not an ancestor, spouse, or descendant may exercise authority under this power of attorney to create in the agent or in an individual to whom the agent owes a legal obligation of support an interest in my property whether by gift, rights of survivorship, beneficiary designation, disclaimer, or otherwise VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 10 of 20 ( ) Create, amend, revoke, or terminate an inter vivos, family, living, irrevocable, or revocable trust ( ) Consent to the modification or termination of a noncharitable irrevocable trust under 14A V.S.A.
INITIAL ONLY the specific authority you WANT to give your agent.) ( ) An agent who is not an ancestor, spouse, or descendant may exercise authority under this power of attorney to create in the agent or in an individual to whom the agent owes a legal obligation of support an interest in my property whether by gift, rights of survivorship, beneficiary designation, disclaimer, or otherwise ( ) Create, amend, revoke, or terminate an inter vivos, family, living, irrevocable, or revocable trust ( ) Consent to the modification or termination of a noncharitable irrevocable trust under 14A V.S.A.
§ 411 ( ) Create, amend, or change rights of survivorship ( ) Create, amend, or change a beneficiary designation ( ) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan ( ) Exercise fiduciary powers that the principal has authority to delegate ( ) Authorize another person to exercise the authority granted under this power of attorney ( ) Disclaim or refuse an interest in property, including a power of appointment ( ) Exercise authority with respect to elective share under 14 V.S.A.
§ 411 ( ) Create, amend, or change rights of survivorship ( ) Create, amend, or change a beneficiary designation ( ) Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan ( ) Exercise fiduciary powers that the principal has authority to delegate ( ) Authorize another person to exercise the authority granted under this power of attorney BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 22 of 27 ( ) Disclaim or refuse an interest in property, including a power of appointment ( ) Exercise authority with respect to elective share under 14 V.S.A.
chapter 125 (Vermont Revised Uniform Fiduciary Access to Digital Assets Act) VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 11 of 20 ( ) Exercise authority with respect to intellectual property, including, without limitation, copyrights, contracts for payment of royalties, and trademarks ( ) Convey, or revoke or revise a grantee designation, by enhanced life estate deed pursuant to 27 V.S.A.
chapter 125 (Vermont Revised Uniform Fiduciary Access to Digital Assets Act) ( ) Exercise authority with respect to intellectual property, including, without limitation, copyrights, contracts for payment of royalties, and trademarks ( ) Convey, or revoke or revise a grantee designation, by enhanced life estate deed pursuant to 27 V.S.A.
§ 1316 is amended to read:
§ 1316 is amended to read:
§ 5204(b)(2)(A) is amended to read:
§ 5204(b)(2)(A) is amended to read:
VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 12 of 20 (I) [Repealed.] (II) human trafficking or aggravated human trafficking in violation of 13 V.S.A.
(I) [Repealed.] (II) human trafficking or aggravated human trafficking in violation of 13 V.S.A.
§ 4025;
§ 4025;
and (ii) the child had attained 16 years of age but not 19 years of age at the time the act was alleged to have occurred.
and BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 23 of 27 (ii) the child had attained 16 years of age but not 19 years of age at the time the act was alleged to have occurred.
§ 5225 is amended to read:
§ 5225 is amended to read:
(1) Prior to the preliminary hearing, the child shall be afforded an opportunity to undergo a risk and needs screening, which shall be conducted by the Department or by a community provider that has contracted with the VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 13 of 20 Department to provide risk and need screenings for children alleged to have committed delinquent acts.
(1) Prior to the preliminary hearing, the child shall be afforded an opportunity to undergo a risk and needs screening, which shall be conducted by the Department or by a community provider that has contracted with the Department to provide risk and need screenings for children alleged to have committed delinquent acts.
§ 163, a community justice center, or a balanced and restorative justice program.
§ 163, a community justice center, or a balanced and restorative justice program.
* * * VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 14 of 20 Sec.
* * * Sec.
§ 348 is amended to read:
§ 348 is amended to read:
INSTRUMENTS CONCERNING REAL PROPERTY VALIDATED (a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was not sealed, witnessed, acknowledged, validly acknowledged, or because a license to sell was not issued or is defective, the instrument shall, from and after the expiration of 15 years from the filing thereof for record, be valid.
INSTRUMENTS CONCERNING REAL PROPERTY VALIDATED (a) When an instrument of writing shall have been on record in the office of the clerk in the proper town for a period of 15 years, and there is a defect in the instrument because it omitted to state any consideration or was not sealed, witnessed, acknowledged, validly acknowledged, or because a license to sell was not issued or is defective, the instrument shall, from and after the BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 24 of 27 expiration of 15 years from the filing thereof for record, be valid.
* * * (d) A release, discharge, or assignment of mortgage interest executed by a commercial lender with respect to a one- to four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that recites authority to act on behalf of the record holder of the mortgage under a power of attorney but where the power of attorney is not of record shall have the same effect as if executed by the record holder of the mortgage unless, within three years after VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 15 of 20 the instrument is recorded, an action challenging the release, discharge, or assignment is commenced and a copy of the complaint is recorded in the land records of the town where the release, discharge, or assignment is recorded.
* * * (d) A release, discharge, or assignment of mortgage interest executed by a commercial lender with respect to a one- to four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that recites authority to act on behalf of the record holder of the mortgage under a power of attorney but where the power of attorney is not of record shall have the same effect as if executed by the record holder of the mortgage unless, within three years after the instrument is recorded, an action challenging the release, discharge, or assignment is commenced and a copy of the complaint is recorded in the land records of the town where the release, discharge, or assignment is recorded.
(f) Notwithstanding section 305 of this title, a deed, mortgage, lease, or other instrument executed for the purpose of conveying or encumbering real property executed by a person purporting to act as the agent or attorney-in-fact for the party named in the deed, mortgage, lease, or other instrument that has been recorded for at least 15 years in the land records where the real property is located shall be valid even if no power of attorney authorizing and VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 16 of 20 empowering an agent or attorney-in-fact appears of record, unless, within 15 years after recording, an action challenging the validity of the deed, mortgage, lease, or other instrument is commenced and a copy of the complaint is recorded in the land records of the town where the property is located.
(f) Notwithstanding section 305 of this title, a deed, mortgage, lease, or other instrument executed for the purpose of conveying or encumbering real property executed by a person purporting to act as the agent or attorney-in- fact for the party named in the deed, mortgage, lease, or other instrument that has been recorded for at least 15 years in the land records where the real property is located shall be valid even if no power of attorney authorizing and empowering an agent or attorney-in-fact appears of record, unless, within 15 years after recording, an action challenging the validity of the deed, mortgage, lease, or other instrument is commenced and a copy of the complaint is recorded in the land records of the town where the property is located.
Sec.
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 25 of 27 Sec.
§ 1003 is amended to read:
§ 1003 is amended to read:
Annual Annual Salary Salary as of as of July 14, July 13, 2024 2025 (1) Chief Justice of Supreme Court $214,024 $225,581 (2) Each Associate Justice $204,264 $215,294 (3) Administrative Chief Superior Judge $204,264 $215,294 (4) Each Superior Judge $194,185 $204,671 (5) [Repealed.] (6) Each Magistrate $146,413 $154,319 VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 17 of 20 (7) Each Judicial Bureau hearing officer $146,413 $154,319 * * * Sec.
Annual Annual Salary Salary as of as of July 14, July 13, 2025 (1) Chief Justice of Supreme Court $214,024 $225,581 (2) Each Associate Justice $204,264 $215,294 (3) Administrative Chief Superior Judge $204,264 $215,294 (4) Each Superior Judge $194,185 $204,671 (5) [Repealed.] (6) Each Magistrate $146,413 $154,319 (7) Each Judicial Bureau hearing officer $146,413 $154,319 * * * Sec.
§ 126 (Coordinated Justice Reform Advisory Council) is repealed on July 1, 2028 July 1, 2025.
§ 126 (Coordinated Justice Reform Advisory Council) is repealed on July 1, 2028 July 1, 2025.
REPEAL 2019 Acts and Resolves No.
REPEAL Acts and Resolves No.
§§ 4810(d)–(j) and 4811 that prohibited public inebriates from being incarcerated in a Department of Corrections’ facility) are repealed.
§§ 4810(d)–(j) and 4811 that prohibited public inebriates from being incarcerated in a Department of Corrections’ facility) are repealed.
Sec.
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 26 of 27 Sec.
[Deleted.] * * * VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 18 of 20 Sec.
[Deleted.] * * * Sec.
VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 19 of 20 (8) a member, appointed by the Vermont Network Against Domestic and Sexual Violence;
(8) a member, appointed by the Vermont Network Against Domestic and Sexual Violence;
(12) a member, appointed by the Vermont Office of the Bureau of Alcohol Tobacco and Firearms;
BILL AS INTRODUCED AND PASSED BY SENATE S.109 Page 27 of 27 (12) a member, appointed by the Vermont Office of the Bureau of Alcohol Tobacco and Firearms;
VT LEG #381908 v.1 AS PASSED BY SENATE S.109 Page 20 of 20 (1) a workable statewide compliance model that is adaptable to both the Family and Criminal Divisions of the Superior Courts and that ensures accountability of respondents and defendants while addressing safety needs of the plaintiffs and victims;
(1) a workable statewide compliance model that is adaptable to both the Family and Criminal Divisions of the Superior Courts and that ensures accountability of respondents and defendants while addressing safety needs of the plaintiffs and victims;
VT LEG #381908 v.1
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Amendments

2 amendments

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Action History

  1. Senate Message: Signed by Governor June 12, 2025

  2. Signed by Governor on June 12, 2025

  3. Delivered to Governor on June 6, 2025

  4. As passed by Senate and House

  5. House message: House concurred in Senate proposal of amendment to House proposal of amendment

  6. Rules suspended and bill messaged forthwith to the Senate as moved by Rep. McCoy of Poultney

  7. Senate proposal of amendment to House proposal of amendment concurred in

  8. Rules suspended and taken up for immediate consideration, pending entry on Notice Calendar, as moved by Rep. McCoy of Poultney

  9. Senate Message: House proposal of amendment concurred in with further proposal of amendment thereto

  10. Rules suspended & messaged to House forthwith, on motion of Senator Baruth

  11. House proposal of amendment concurred in with further proposal of amendment as moved by Senator(s) Hashim

  12. House proposal of amendment; text

  13. Proposal of amendment to be offered by Senator(s) Hashim

  14. New Business/House Proposal of Amendment

  15. Called up by Senator Hashim

  16. Ordered to lie

  17. Ordered to lie

  18. Ordered to lie on motion of Senator Hashim

  19. House proposal of amendment; text

  20. New Business/House Proposal of Amendment

  21. House proposal of amendment

  22. Entered on Notice Calendar

  23. House message: House passed bill in concurrence with proposal(s) of amendment

  24. Read third time and passed in concurrence with proposal of amendment

  25. Action Calendar: Unfinished Business

  26. Action Calendar: Third Reading

  27. Third Reading ordered

  28. Report of Committee on Judiciary, as amended, agreed to

  29. Rep. Rachelson of Burlington moved to amend the report of the Committee on Judiciary, which was agreed to

  30. Rep. Squirrell of Underhill recommended for the Committee on Appropriations

  31. Rep. Burkhardt of South Burlington recommended for the Committee on Ways and Means

  32. Rep. Rachelson of Burlington reported for the Committee on Judiciary

  33. Read second time

  34. Action Calendar: Favorable with Amendment

  35. Notice Calendar: Favorable with Amendment

  36. Pending entry on Notice Calendar, referred to Committee on Appropriations per Rule 35(a)

  37. Referred to Committee on Ways and Means per Rule 35(a)

  38. Notice Calendar: Favorable with Amendment

  39. Read first time and referred to the Committee on Judiciary

  40. Read 3rd time & passed

  41. New Business/Third Reading

  42. 3rd reading ordered

  43. Recommendation of amendment by Committee on Judiciary agreed to

  44. Read 2nd time, reported favorably with recommendation of amendment by Senator Mattos for Committee on Judiciary

  45. Favorable report with recommendation of amendment by Committee on Judiciary

  46. New Business/Second Reading

  47. Favorable report with recommendation of amendment by Committee on Judiciary

  48. Second Reading

  49. Entered on Notice Calendar

  50. Read 1st time & referred to Committee on Judiciary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 189 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (189)

189 members have not signed on to this bill.

Show all 189 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

Who sponsors S 109?
S 109 is sponsored by Nader A Hashim (Democrat).
What is the current status of S 109?
This bill has been enacted into law. Introduced March 11, 2025. Enacted.
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