H 741

 BILL AS INTRODUCED  H.741
 2026  Page 1 of 3
1H.741
2 Introduced by Representatives Oliver of Sheldon and LaLonde of South
3Burlington
4 Referred to Committee on
5 Date:
6 Subject: Criminal procedures; failure to appear in court; arrest warrant
7 Statement of purpose of bill as introduced: This bill proposes to require the
8 court to issue an arrest warrant rather than a citation to appear when a criminal
9 defendant is released on conditions and subsequently fails to attend a
10 scheduled court hearing for the offense, or when a person fails to appear in
11 court after being issued a citation to appear by a law enforcement officer.
12    An act relating to requiring the court to issue an arrest warrant when a
13    criminal defendant fails to appear in court
14 It is hereby enacted by the General Assembly of the State of Vermont:
15 Sec. 1. 13 V.S.A. § 7559 is amended to read:
16 § 7559. VIOLATIONS OF CONDITIONS OF RELEASE; FAILURE TO
17APPEAR; WARRANTLESS ARREST
18***
19    (c)(1) A person who has been released pursuant to section 7554 of this title
20 with or without bail on condition that the person appear at a specified time and
                                                                   VT LEG #386307 v.1
 BILL AS INTRODUCED  H.741
 2026  Page 2 of 3
1 place in connection with a prosecution for an offense and who without just
2 cause fails to appear shall be imprisoned not more than two years or fined not
3 more than $5,000.00, or both.
4(2) The court shall issue an arrest warrant for a person who without just
5 cause fails to appear after being released pursuant to section 7554 of this title
6 with or without bail on condition that the person appear at a specified time and
7 place in connection with a prosecution for an offense. An arrest warrant issued
8 pursuant to this subdivision shall require the person to appear before a judicial
9 officer at the earliest possible time and shall not permit issuance of a citation to
10 appear.
11    (d) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure, a
12 law enforcement officer may arrest a person without a warrant when the officer
13 has probable cause to believe the person without just cause has failed to appear
14 at a specified time and place in connection with a prosecution for an offense or
15 has violated a condition of release relating to a restriction on travel or a
16 condition of release that the person not directly contact, harass, or cause to be
17 harassed a victim or potential witness.
18***
19    (g) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure,
20 the court shall issue an arrest warrant for a person who without just cause fails
21 to appear after a law enforcement officer has issued a citation to appear at a
                                                                      VT LEG #386307 v.1
BILL AS INTRODUCED  H.741
2026  Page 3 of 3
1 specified time and place in connection with a prosecution for an offense. An
2 arrest warrant issued pursuant to this subsection shall require the person to
3 appear before a judicial officer at the earliest possible time and shall not permit
4 issuance of a citation to appear.
5 Sec. 2. EFFECTIVE DATE
6    This act shall take effect on passage.
                                                                    VT LEG #386307 v.1