BILL AS INTRODUCED
2007
1
2
S.169
Page 1
S.169
Introduced by Senator Campbell of Windsor District and Senator Illuzzi of
3
Essex-Orleans District
4
Referred to Committee on
5
Date:
6
Subject: Crimes; humane and proper treatment of animals; civil violation for
7
first offense
8
Statement of purpose: This bill proposes to permit first offense violations of
9
some provisions of the state’s animal cruelty laws to be charged as civil
10
violations, rather than criminal offenses. A state’s attorney would be allowed
11
to withdraw the complaint in the judicial bureau and file in the district court if
12
he or she deemed the case more appropriate for criminal proceedings.
13
14
AN ACT RELATING TO CIVIL VIOLATIONS FOR ANIMAL
CRUELTY
15
It is hereby enacted by the General Assembly of the State of Vermont:
16
Sec. 1. 4 V.S.A. § 1102(b) is amended to read:
17
18
19
(b) The judicial bureau shall have jurisdiction of the following matters:
(1) traffic Traffic violations alleged to have been committed on or after
July 1, 1990;.
www.leg.state.vt.us
BILL AS INTRODUCED
2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
S.169
Page 2
(2) civil Civil ordinance violations alleged to have been committed on or
after July 1, 1994;.
(3) minor Minor fish and wildlife violations alleged to have been
committed on or after September 1, 1996;.
(4) violations Violations of subsection 1005(a) of Title 7, relating to
possession of tobacco products by a person less than 18 years of age;.
(5) violations Violations of 7 V.S.A. § 1007, relating to furnishing
tobacco products to a person under the age of 18 years;.
(6) violations Violations of 24 V.S.A. § 2201, relating to littering,
burning of solid waste, and illegal dumping;.
(7) violations Violations of subchapter 9 of chapter 1 of Title 16,
relating to hazing;.
(8) violations Violations of 20 V.S.A. §§ 2056a, 2056b, and 2056c,
relating to unauthorized disclosure of criminal record information;.
(9) violations Violations of 7 V.S.A. § 656, relating to illegal possession
of alcoholic beverages;.
(10) violations Violations under subdivision 658(c)(1) of Title 7,
18
relating to an employee of a second class licensee selling alcohol to a minor
19
during a compliance check;.
20
21
(11) violations Violations of 18 V.S.A. § 4234b(b), relating to selling
ephedrine base, pseudoephedrine base, or phenylpropanolamine base.
www.leg.state.vt.us
BILL AS INTRODUCED
2007
1
S.169
Page 3
(12) Violations of 13 V.S.A. § 352(3), (4), and (9), relating to cruelty to
2
animals.
3
Sec. 2. 13 V.S.A. § 353 is amended to read:
4
§ 353. DEGREE OF OFFENSE; SENTENCING UPON CONVICTION
5
(a) Penalties.
6
(1) Except as provided in subdivision (3) or (4) of this subsection,
7
cruelty to animals under section 352 of this title shall be punishable by a
8
sentence of imprisonment of not more than one year, or a fine of not more than
9
$2,000.00, or both. Second and subsequent convictions shall be punishable by
10
a sentence of imprisonment of not more than two years or a fine of not more
11
than $5,000.00, or both.
12
***
13
(4)(A) Notwithstanding subdivision (B) of this subdivision (4), for a
14
violation of subdivision 352(3), (4) or (9) of this title, a law enforcement
15
officer shall issue a civil citation if the person has not been previously
16
adjudicated in violation of this chapter. A person found in violation of
17
subdivision 352(3), (4), or (9) of this title pursuant to this subdivision shall be
18
assessed a civil penalty of not more than $500.00. At any time prior to the
19
person admitting the violation and paying the assessed penalty, the state’s
20
attorney may withdraw the complaint filed with the judicial bureau and file an
www.leg.state.vt.us
BILL AS INTRODUCED
2007
S.169
Page 4
1
information charging a violation subdivision 353(3), (4), or (9) of this title in
2
district court.
3
(B) A person found in violation of subdivision 352(3), (4), or (9) of this
4
title pursuant to this subdivision shall be imprisoned not more than one year or
5
fined not more than $2,000.00, or both. Second and subsequent convictions
6
shall be punishable by a sentence of imprisonment of not more than two years
7
or a fine of not more than $5,000.00, or both.
8
9
***
Sec. 3. 13 V.S.A. § 7251(d) is added to read:
10
(d) Fines, forfeitures, and penalties imposed by the judicial bureau for
11
violations of subdivisions 352(4), (5), and (9) of this title, relating to animal
12
cruelty that result from the enforcement by villages, towns, and cities within
13
their jurisdiction shall be paid to the respective village, town, or city, except
14
for a $12.50 administrative charge for each violation which shall be retained by
15
the state. The enforcement by villages, towns, and cities shall be by a local
16
law enforcement officer or a law enforcement officer by contract with the
17
village, town, or city. Such law enforcement officer shall be certified
18
according to the provisions of 20 V.S.A. § 2358.
www.leg.state.vt.us