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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 33 : Human Services

Chapter 052 : DELINQUENCY PROCEEDINGS

Subchapter 001 : COMMENCEMENT OF PROCEEDINGS.

(Cite as: 33 V.S.A. § 5206)
  •  ¢Section 5206 effective until July 1, 2022; see also section 5206 effective July 1, 2022 .]

    § 5206. Citation of 16- to 18-year-olds

    (a)(1) If a child was over 16 years of age and under 19 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.

    (2) If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.

    (b) Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:

    (1) 23 V.S.A. §§ 674 (driving while license suspended or revoked), 1128 (accidents\-duty to stop), and 1133 (eluding a police officer);

    (2) fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 4572; and

    (3) an offense listed in subsection 5204(a) of this title. (Added 2015, No. 153 (Adj. Sess.), § 17; amended 2019, No. 124 (Adj. Sess.), § 6.)

  •  ¢Section 5206 effective July 1, 2022; see also section 5206 effective until July 1, 2022 .]

    § 5206. Citation of 16- to 19-year-olds

    (a)(1) If a child was over 16 years of age and under 20 years of age at the time the offense was alleged to have been committed and the offense is not specified in subsection (b) of this section, law enforcement shall cite the child to the Family Division of the Superior Court.

    (2) If, after the child is cited to the Family Division, the State's Attorney chooses to file the charge in the Criminal Division of the Superior Court, the State's Attorney shall state in the information the reason why filing in the Criminal Division is in the interest of justice.

    (b) Offenses for which a law enforcement officer is not required to cite a child to the Family Division of the Superior Court shall include:

    (1) 23 V.S.A. §§ 674 (driving while license suspended or revoked), 1128 (accidents\-duty to stop), and 1133 (eluding a police officer);

    (2) fish and wildlife offenses that are not minor violations as defined by 10 V.S.A. § 4572; and

    (3) an offense listed in subsection 5204(a) of this title. (Added 2015, No. 153 (Adj. Sess.), § 17; amended 2019, No. 124 (Adj. Sess.), § 6; 2019, No. 124 (Adj. Sess.), § 7, eff. July 1, 2022.)