§ 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 course of conduct, or a combination thereof,
that causes reasonable fear of injury to the complainant or the complainant’s property.
(3) A “hate-motivated crime” occurs whenever a person engages in conduct prohibited by
chapter 31 of this title or section 1063 of this title that causes damage to the person at whom the conduct was directed.
(4) “Hate-motivated crime injunction” or “order” means an injunction or other order issued
under this chapter.
(5) “Plaintiff” means the Attorney General or a complainant.
(6) “Protected category” includes race, color, religion, national origin, sex, ancestry,
age, service in the U.S. Armed Forces or the National Guard, disability as defined
by 21 V.S.A. § 495d(5), sexual orientation, gender identity, and perceived membership in any such group. (Added 1999, No. 56, § 3; amended 2013, No. 96 (Adj. Sess.), § 54; 2021, No. 34, § 3, eff. May 18, 2021.)
§ 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 county in which the incident occurred.
(c) A plaintiff may seek a hate-motivated crime injunction by filing a complaint under
this chapter.
(d) A preliminary hearing upon the complaint shall be scheduled as soon as reasonably
possible in consideration of the safety of the complainant. (Added 1999, No. 56, § 3.)
§ 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 persons as the court finds to have
a proper interest in the case, or in the work of the court, may be admitted by the
court. In such a case, there shall be no publicity given by any person to any proceedings
under the authority of this chapter except with the consent of the defendant and his
or her parent or guardian. The records in such a case shall be subject to the confidentiality
provision of 33 V.S.A. § 5117. Upon its own motion or the motion of a party, the court may open the hearing for
good cause shown, in consideration of relevant factors, including the likelihood that
a court would make a determination that charges against the defendant with respect
to the underlying crime on which the hate-motivated crime injunction is based should
be heard in the Criminal Division of the Superior Court pursuant to 33 V.S.A. chapter
52.
(b) If the defendant is 16 to 17 years of age, the hearing shall be open to the general
public. However, upon its own motion or the motion of a party, the court may close
the hearing for good cause shown. If the court orders the hearing to be closed, the
confidentiality provisions of subsection (a) of this section shall apply.
(c) If a hate-motivated crime injunction is issued under this section, the court shall
give notice of the contents of the order to the complainant, and to any school personnel
or other appropriate persons the court finds to have a proper interest in the case
and whose knowledge of the contents of the order is reasonably necessary to ensure
the defendant’s compliance with the order, regardless of whether the proceedings were
open or closed to the general public. (Added 1999, No. 56, § 3; amended 2009, No. 154, § 238; 2013, No. 131 (Adj. Sess.), § 106.)
§ 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 other appropriate persons
who are in need of protection and such persons’ property, including any of the following
orders:
(1) an order to refrain from committing any crime against the complainant;
(2) an order restricting the defendant’s ability to contact the complainant;
(3) an order prohibiting the defendant from coming within a fixed distance of the complainant,
the complainant’s residence or other designated locations where the complainant is
likely to spend time;
(4) an order to refrain from committing a hate-motivated crime against the complainant,
other appropriate persons who are in need of protection and members of any protected
category.
(b) A preliminary order issued under this chapter shall remain in effect until a final
order is issued or for a fixed period that the court deems appropriate, but in no
event more than 120 days without a further order from the court. A final order shall
be issued for a fixed period, but in no event more than two years without a further
order from the court. The court may extend any order for such time as it deems necessary
to protect the complainant, other appropriate persons who are in need of protection
and members of any protected category. It shall not be necessary for the court to
find that the defendant has committed a hate-motivated crime during the pendency of
an order to extend the terms of the order; however, the court shall find that there
is a reasonable basis for continued protection. The court may modify its order at
any subsequent time upon motion by either party and a showing of good cause.
(c) Every preliminary or final order issued under this section shall bear the following
language: VIOLATION OF THIS ORDER MAY BE PROSECUTED AS A CRIME PUNISHABLE BY A TERM
OF IMPRISONMENT OR A FINE, OR BOTH, OR MAY BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE
BY A TERM OF IMPRISONMENT OR A FINE, OR BOTH. (Added 1999, No. 56, § 3.)
§§ 1461-1467. Repealed. 1987, No. 234 (Adj. Sess.), § 3.
§ 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 procedures
for filing orders issued under this chapter and for making their personnel aware of
the existence and contents of such orders.
(d) The court that issues an order under this chapter shall transmit a copy of the order
to the Department of Public Safety relief from abuse database. (Added 1999, No. 56, § 3.)
§ 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 has been provided to the law enforcement officer by any source. (Added 1999, No. 56, § 3.)
§ 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 imprisoned not more than three years or fined not more than $10,000.00, or both.
(c) Nothing in this section shall be construed to diminish the inherent authority of the
courts to enforce their lawful orders through contempt proceedings.
(d) Prosecution under this section shall not bar prosecution for any other crime, including
any crime that may have been committed at the time of the violation of the hate-motivated
crime injunction. (Added 1999, No. 56, § 3.)
§ 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.)