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Barbara
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« : April 27, 2018, 11:33:49 AM » |
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The stage is being set to address the concern raised by recent violent actions and the near miss of such. Thursday, S. 267 to be retitled after passage, an act relating to attempts, got to the House floor after repeated postponements, only to be once more postponed two legislative days. Language currently proposed in the amendment offered by the Judiciary committee states that “a person is guilty of an attempt to commit an offense under this subsection if, with the purpose of committing the offense, he or she performs any act that is a substantial step toward the commission of the offense. A ‘substantial step’ is conduct strongly corroborative of the actor’s intent to complete the commission of the offense and that advances beyond mere preparation.” Examples of what could be held to constitute a substantial step are offered and provide a lower level of proof for intent than current law requires. The committee vote for the amendment was 6 for and 5 against allowing it to pass. Such a split vote certainly leaves no clear guidance for the House at large as to the veracity of the language and whether it provides a solution to the judicial problem that it addresses.
The Senate passed H. 25 with a strike all amendment that includes the change of title to be, an act relating to domestic terrorism, on a unanimous roll call. Friday the House voted to postpone action on this two legislative days. The language being proposed defines “domestic terrorism” to mean “engaging in, or taking steps to commit a violation of the criminal laws of this State with the intent to; (A) cause death or serious bodily injury to multiple people; or (B) threaten any civilian population with mass destruction, mass killings, or kidnapping.” Both H. 25 and S. 267 are intended to provide law enforcement the ability to respond to an intended unlawful act before it has been fully implemented. With two weeks left in the session the work is to find consensus on the language.
The Transportation committee presented S. 272, the DMV miscellaneous law bill to the House, including the response to half a dozen amendments before getting a strong roll call vote in support of it. A few of the amendments brought up points that were recommended to be addressed by next year’s committee and two were added to the language as passed. Rep. Keefe’s amendment offered language to require the development of a program of waivers related to the emissions component of the State’s inspection program, consistent with the requirements of the Clean Air Act and its implementing regulations, which was accepted. Also accepted was an amendment offered by the Transportation committee Chair that loosens the language concerning a nonresident right to operate a motor vehicle on a Vermont highway if he or she possesses an International Certificate Translation of Driver’s License, or an English translation of the home country license prepared by an accredited translator.
Please contact me at bmurphy@leg.state.vt.us, 802-849-6545, or by mail at 7 Lily Rd. The Sergeant at Arms office in the State House, (802) 828-2228, will see messages reach me as well.
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