§ 1458. Definitions For purposes of this chapter only: (1) “Complainant” means a person who has suffered damage as a result of a hate-motivated crime. (2) “Damage” includes destruction or defacement of personal or real property, personal injury, or the receipt of threats of violence. “Threats of violence” means verbal, electronic, or written communication, or […]
§ 1459. Commencement of action and hearing (a) The Superior Court shall have jurisdiction over proceedings under this chapter. The Vermont Rules of Civil Procedure and the Vermont Rules of Evidence shall apply. (b) Proceedings under this chapter may be commenced in the county in which the complainant or the defendant resides, or in the […]
§ 1460. Juvenile defendants (a) The general public shall be excluded from hearings held in the Civil Division of the Superior Court under this chapter where the defendant is under the age of 16. Only the parties, their counsel, the complainant, witnesses, and other persons accompanying a party for the party’s assistance, and such other […]
§ 1461. Relief (a) If the court finds by a preponderance of the evidence that the defendant has committed a hate-motivated crime against the complainant, or if the parties stipulate to an order, the court shall make such preliminary and final orders as it deems necessary to protect the complainant and the complainant’s property and […]
§ 1462. Service Hate-motivated crime complaints, notices of hearing, and orders shall be served as soon as reasonably possible and in a manner that takes into consideration the safety of the complainant. (Added 1999, No. 56, § 3.)
§ 1463. Procedure (a) Notwithstanding any law to the contrary, proceedings commenced under this chapter shall be in addition to any other available civil or criminal remedies. (b) The Supreme Court shall establish procedures consistent with this chapter that provide prompt access to relief. (c) Police departments, sheriffs’ departments, and the State Police shall establish […]
§ 1464. Enforcement (a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure. (b) A law enforcement officer may rely upon a copy of any order issued under this chapter which […]
§ 1465. Penalties (a) Provided that notice was properly served, a person who violates a hate-motivated crime injunction issued under this chapter shall be imprisoned not more than one year or fined not more than $2,000.00, or both. (b) A person who is convicted of a second or subsequent offense under this section shall be […]
§ 1466. Civil penalties The Attorney General may seek the imposition of a civil penalty of not more than $5,000.00, plus costs and reasonable attorney’s fees for each violation of section 1455 or 1456 of this title, including violations of any injunction issued pursuant to this chapter. (Added 1999, No. 56, § 3.)
