H 64

BILL AS INTRODUCED  H.64
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1H.64
2 Introduced by Representatives Oliver of Sheldon, Arsenault of Williston,
3Bartley of Fairfax, Bosch of Clarendon, Boutin of Barre City,
4Branagan of Georgia, Demar of Enosburgh, Dolan of Essex
5Junction, Dolgin of St. Johnsbury, Goodnow of Brattleboro,
6Goslant of Northfield, Harvey of Castleton, Labor of Morgan,
7LaLonde of South Burlington, Malay of Pittsford, McCoy of
8Poultney, McFaun of Barre Town, Page of Newport City,
9Pinsonault of Dorset, Pritchard of Pawlet, and Quimby of
10Lyndon
11 Referred to Committee on
12 Date:
13 Subject: Court procedure; orders against stalking and sexual assault
14 Statement of purpose of bill as introduced: This bill proposes to direct the
15 Court Administrator to establish procedures for a plaintiff to obtain an order
16 against sexual assault after regular court hours or on weekends and holidays.
17    An act relating to after-hours access to orders against sexual assault
  VT LEG #379791 v.1
 BILL AS INTRODUCED  H.64
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1 It is hereby enacted by the General Assembly of the State of Vermont:
2 Sec. 1. 12 V.S.A. § 5136(b) is amended to read:
3(b)(1) The Court Administrator is authorized to contract with public or
4 private agencies to assist plaintiffs to seek relief and to gain access to Superior
5 Court. Law enforcement agencies shall assist in carrying out the intent of this
6 section.
7(2) The Court Administrator shall establish procedures to ensure access
8 to orders against sexual assault after regular court hours or on weekends and
9 holidays in accordance with subdivisions (A)–(D) of this subdivision.
10(A) The court shall designate an authorized person to receive requests
11 for ex parte emergency relief orders submitted after regular court hours
12 pursuant to section 5134 of this title, including requests made by reliable
13 electronic means according to the procedures in this subdivision (2).
14(B) If a secure setting is not available for processing an ex parte
15 emergency relief order submitted after regular court hours, or if the authorized
16 person determines that electronic submission is appropriate under the
17 circumstances, the authorized person shall inform the applicant that a
18 complaint and affidavit may be submitted electronically.
19(C) The affidavit shall be sworn to or affirmed by administration of
20 the oath over the telephone to the applicant by the authorized person and shall
21 conclude with the following statement: “I declare under the penalty of perjury
  VT LEG #379791 v.1
 BILL AS INTRODUCED  H.64
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1 pursuant to the laws of the State of Vermont that the foregoing is true and
2 accurate. I understand that making false statements is a crime subject to a term
3 of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The
4 authorized person shall note on the affidavit the date and time that the oath was
5 administered.
6(D) The authorized person shall communicate the contents of the
7 complaint and affidavit to a judicial officer telephonically or by reliable
8 electronic means. The judicial officer shall decide whether to grant or deny the
9 complaint and issue the order solely on the basis of the contents of the affidavit
10 or affidavits provided. The judicial officer shall communicate the decision to
11 the authorized person, who shall communicate it to the applicant. If the order
12 is issued, it shall be delivered to the appropriate law enforcement agency for
13 service and to the holding station.
14 Sec. 2. EFFECTIVE DATE
15    This act shall take effect on September 1, 2025.
  VT LEG #379791 v.1