Act No. 121 (S.226). Crimes and criminal procedures; conspiracy; regulated drugs; gangs

An act relating to combating illegal diversion of prescription opiates and increasing treatment resources for opiate addiction

This act:

· Eliminates the five-year prison cap on punishment for conspiracy

· Establishes a new crime and penalties for use of a firearm during and in relation to selling or dispensing a regulated drug in an amount that triggers trafficking laws or the level just below trafficking. "Use of a firearm" includes the exchange of firearms for drugs, and this section shall apply to the person who trades a firearm for a drug and the person who trades a drug for a firearm

· Establishes the gang mobile enforcement team within the drug task force. The team will be made up of state and local investigators to include uniformed troopers and shall focus on gangs and organized criminal activity to include drug and gun trafficking and associated crimes

· Establishes the gang activity task force for the purpose of raising public awareness about gang activity and organized crime in Vermont and across state and international borders, identifying resources for local, county, and state law enforcement officials, recommending to the public ways to identify and report acts of gang activity and organized crime, and making findings and recommendations regarding those efforts to the general assembly. On or before November 15, 2012, the task force shall report to the members of the senate and house committees on judiciary and to the legislative council its recommendations and legislative proposals, if any, relating to its findings

· Directs the office of the attorney general to examine whether Vermont would benefit from a state Racketeer Influenced and Corrupt Organizations Act and to report to the general assembly no later than January 15, 2013 regarding its recommendations and legislative proposals, if any, relating to its findings

Effective Date: May 9, 2012