Title 13, Title 13: Crimes and Criminal Procedure

§ 5502. Copy of process for accused When an officer does not within six hours deliver a true copy of the warrant or process by which he or she detains a person in a criminal proceeding, to a person who demands such copy and tenders the fees therefor, he or she shall forfeit to su…

§ 5503. Recognizance by complainant A warrant to apprehend a person charged with a criminal offense shall not be granted by a district judge except on information or complaint of an informing or complaining officer, until such magistrate has taken security to his or her satisfact…

§ 5511. Notification of unemancipated minor’s parent or guardian (a) A law enforcement officer who arrests an unemancipated minor shall take reasonable steps to notify, as soon as reasonably practicable, a parent or guardian of the minor: (1) that the minor has been arrested; (2)…

§ 5561. Petition for postconviction DNA testing (a) A person convicted of a qualifying crime may at any time file a petition requesting forensic DNA testing of any evidence that may contain biological evidence that was obtained during the investigation or prosecution of the crime…

§ 5562. Assignment of counsel The court may appoint counsel if the petitioner is unable financially to employ counsel and may order that all necessary costs and expenses incident to the matter, including court costs, stenographic services, printing, and reasonable compensation fo…

§ 5563. Victim notification (a) If the address of a victim of the crime that the petitioner claims to be innocent of in the petition is known, the State’s Attorney or Attorney General shall give written notice of a petition under this section to the victim upon the victim’s reque…

§ 5564. Discovery (a) Upon motion by the petitioner or the State, and after providing the nonmovant with reasonable opportunity to respond to the motion, the court may permit reasonable discovery and the right to depose witnesses. The court in its discretion may delay ruling on a…

§ 5566. Order; necessary findings; confidentiality (a) The court shall grant the petition and order DNA testing if it makes all of the following findings: (1) A reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentenc…

§ 5567. Appeals An order entered on the petition may be appealed to the Vermont Supreme Court pursuant to the Rules of Appellate Procedure. (Added 2007, No. 60, § 1.)

§ 5568. Choice of laboratory; payment (a) If the court orders DNA testing under this subchapter, the testing shall be conducted at a facility mutually agreed upon by the petitioner and the State and approved by the court. If the parties are unable to agree, the court shall design…

§ 5569. Procedure after test results obtained (a) The results of any postconviction DNA testing conducted pursuant to this subchapter shall be disclosed to the State’s Attorney, the Attorney General, the Department of Corrections if the petitioner is under the Department’s custod…

§ 5570. Successive petitions (a) The court shall not be required to entertain a second or successive petition for similar relief on behalf of the same petitioner unless it appears the petition will be assisted by the availability of more advanced DNA technology. (b) The court may…

§ 5572. Right of action; procedure (a) A person convicted and imprisoned for a crime of which the person was exonerated pursuant to this chapter shall have a cause of action for damages against the State. (b) An action brought under this subchapter shall be filed in Washington Co…

§ 5573. Complaint (a) A complaint filed under this subchapter shall be supported by facts and shall allege that: (1) the complainant has been convicted of a felony crime, been sentenced to a term of imprisonment, and served at least six months of the sentence in a correctional fa…

§ 5574. Burden of proof; judgment; damages (a) A claimant shall be entitled to judgment in an action under this subchapter if the claimant establishes each of the following by clear and convincing evidence: (1) The complainant was convicted of a felony crime, was sentenced to a t…

§ 5575. Payment (a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General in response to an action brought under this subchapter shall be paid by the State Treasurer out of the treasury, and the Emergency Board shall reimburse…

§ 5576. Limitations (a) Except as provided in subsection (b) of this section, an action for compensation under this subchapter shall be commenced within three years after the person is exonerated pursuant to subchapter 1 of this chapter through the person’s conviction being rever…

§ 5577. Notice of right of action (a) A copy of this subchapter shall be provided to a person by a court: (1) exonerating a person pursuant to subchapter 1 of this chapter through vacating or reversing the person’s conviction, dismissing the information or indictment, entering ju…

§ 5578. Applicability; retroactivity Notwithstanding 1 V.S.A. § 214(b), this subchapter and any amendments thereto shall apply to any exoneration that occurs on or after July 1, 2007. (Added 2015, No. 133 (Adj. Sess.), § 6, eff. May 25, 2016.)

§ 5581. Eyewitness identification policy (a) On or before January 1, 2015, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with 20 V.S.A. § 2358 sh…

§ 5585. Electronic recording of a custodial interrogation (a) As used in this section: (1) “Custodial interrogation” means any interrogation: (A) involving questioning by a law enforcement officer that is reasonably likely to elicit an incriminating response from the subject; and…

§ 5606. Penalties A court reporter or other person taking, recording, or transcribing testimony given before a grand jury who reveals any matter or thing coming before the grand jury, except as the Supreme Court may authorize by rule, shall be imprisoned not more than one year or…

§ 6501. Rights of accused On the trial of an information or indictment, the party accused may defend himself or herself, be heard by counsel, produce witnesses and proofs in his or her favor, and shall be confronted with the witnesses produced against him or her.

§ 6502. Presumption of innocence The presumption of innocence in criminal causes shall attend the accused until the jury renders a verdict of guilty, and the court shall charge the jury accordingly. This presumption of innocence is a proper subject of comment in argument.

§ 6504. Employment of counsel on behalf of State In the examination of a person charged with a crime exceeding the jurisdiction of a Criminal Division of the Superior Court to try and determine, commenced upon the complaint of a complaining officer not entitled to draw a salary, …

§ 6505. Payment The Commissioner of Finance and Management shall allow counsel so employed a reasonable compensation for his or her services and expenses and shall issue his or her warrant for the amount allowed. Compensation shall not be allowed where it appears to the Commissio…

§ 6555. Nolle prosequi when proof shows greater offense than charged If, upon the trial of a person charged with an offense, the facts given in evidence amount in law to a greater offense than the one charged, such person shall not by reason thereof be acquitted, but the court, i…

§ 6556. Former acquittal a bar A person shall not be held to answer on a second complaint, information, or indictment for an offense of which he or she was acquitted by a jury upon the merits on a former trial. Such acquittal may be pleaded in bar of a subsequent prosecution for …

§ 6557. Exceptions When a person is acquitted by reason of a variance between the complaint, information, or indictment and the proof, or upon an exception to the form or substance of the complaint, information, or indictment, he or she may be arraigned again on a new complaint, …

§ 6558. Allegation and proof of ownership In the prosecution of an offense committed upon, or in relation to, or in any way affecting real estate, or an offense committed in stealing, embezzling, injuring, or fraudulently receiving or concealing money or other personal estate, it…

§ 6559. Allegation and proof of intent to defraud When an intent to defraud is required to constitute a criminal offense, it shall be sufficient to allege in the complaint, information, or indictment an intent to defraud, without naming the person or body corporate intended to be…

§ 6560. Truth as defense in prosecution for libel or defamation If a person is prosecuted by information or indictment for uttering and publishing a libel or for defaming the civil authority of the State, under a plea of not guilty, he or she may give evidence as to the truth of …

§ 6565. Pleas (a) In prosecutions for felonies, the State’s Attorney shall place on record in open court the content of the plea agreement, including the offenses charged and the disposition of those charges. (b) No plea agreement shall be binding upon the court nor shall it limi…

§ 6566. Defense based on victim identity prohibited In a prosecution or sentencing for any criminal offense, the following shall not be used as a defense to the defendant’s criminal conduct, to establish a finding that the defendant suffered from diminished capacity, to justify t…

§ 6601. Respondent as witness In the trial of complaints, informations, indictments and other proceedings against persons charged with crimes or offenses, the person so charged shall, at his or her own request and not otherwise, be deemed a competent witness. The credit to be giv…

§ 6603. Failure to obey summons to testify A person legally summoned to attend a court in this State to testify in a criminal cause, who willfully or wrongfully refuses to attend and testify, shall be fined not less than $10.00 nor more than $100.00 or imprisoned not more than si…

§ 6604. Counseling or aiding in nonattendance of witness A person who knowingly and wrongfully counsels, aids, or assists a person so summoned to testify, to absent himself or herself from attendance before such court, shall be fined not more than $50.00 nor less than $10.00.

§ 6605. Recognizance by witness; commitment In a proceeding before a court or magistrate for the investigation or prosecution of a criminal offense, the court or magistrate may order any witness appearing before such court or magistrate to enter into a sufficient recognizance wit…

§ 6606. Separate examination of witnesses On the trial of a person for a criminal offense or on the examination of a person charged therewith before a Criminal Division of the Superior Court, on the request of the prosecuting attorney or the party accused, the court shall have th…

§ 6607. Disclosure of confidential records; notice to prosecution When a defendant seeks access to a victim’s school records, or to any other records of a victim that are by law confidential, the defendant shall provide written notice to the prosecutor that the records have been …

§ 6641. Definitions As used in this subchapter, “action” shall include any proceeding or investigation by a grand jury commenced or about to be commenced, or any action, prosecution or proceeding; “witness” shall include a person whose testimony is desired in any such action; and…

§ 6642. Summoning witnesses in this State to testify in another state If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in an action in this State, certifies under the seal of such cour…

§ 6643. Hearing and summons If at such hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in such action in the other state, and that the laws of the state in which su…

§ 6644. Arrest and delivery If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to ensure his or her attendance in the requesting state, such judge may direct, in lieu of notification of the hearing, …

§ 6645. Penalties If the witness, who is summoned as provided in section 6643 of this title, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile and $10.00 for each day that he or she is required to travel and attend as a witne…

§ 6646. Witness from another state summoned to testify in this State If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in an action in this State is a material witness in an action pending in a court of r…