An Act Relating to the Arrest of a Person for a Violation of Sex Offender Registry Requirements

AS PASSED BY SENATES.184

2006Page 1

S.184

AN ACT RELATING TO THE ARREST OF A PERSON FOR A VIOLATION OF SEX OFFENDER REGISTRY REQUIREMENTS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. Rule 3 of the Vermont Rules of Criminal Procedure is amended to read:

Rule 3. Arrest Without A Warrant; Citation to Appear

* * *

(c) Nonwitnessed Misdemeanor Offenses. If an officer has probable cause to believe a person has committed or is committing a misdemeanor outside the presence of the officer, the officer may issue a citation to appear before a judicial officer in lieu of arrest. The officer may arrest the person without a warrant if the officer has probable cause to believe:

* * *

(17) The person is a sex offender who has failed to comply with the provisions of subchapter 3 of chapter 167 of Title 13 (sex offender registration and notification).

Sec. 2. 13 V.S.A. § 5408 is amended to read:

§ 5408. RECORD OF ADDRESSES; ARREST WARRANT

(a) The department shall maintain a record of the addresses of all sex offenders. The record shall be updated at least every three months. At any time, if the department is unable to verify the whereabouts and address of a sex offender subject to this subchapter, it shall immediately notify the local law enforcement agency in writing that the sex offender’s whereabouts are unknown. The department shall also send a copy of the notification to the state’s attorney of the county in which the sex offender’s most recent address is located.

(b) A sex offender’s failure to report a change of address as required by this subchapter shall be grounds to issue a warrant for the arrest of the sex offender and the provisions of Rule 3 of the Vermont Rules of Criminal Procedure shall not apply to such an arrest.

Sec. 3. 13 V.S.A. § 5409 is amended to read:

§ 5409. PENALTIES

(a) A Except as provided in subsection (b) of this section, a sex offender who knowingly fails to comply with any provision of this subchapter shall:

(1) Be imprisoned for not more than two years or fined not more than $1,000.00, or both. A sentence imposed under this subdivision shall run consecutively to any sentence being served by the sex offender at the time of sentencing.

(2) For the second or subsequent offense, be imprisoned not more than three years or fined not more than $5,000.00, or both. A sentence imposed under this subdivision shall run consecutively to any sentence being served by the sex offender at the time of sentencing.

(b) A sex offender who knowingly fails to comply with any provision of this subchapter for a period of more than five consecutive days shall be imprisoned not more than five years or fined not more than $5,000.00, or both. A sentence imposed under this subsection shall run consecutively to any sentence being served by the sex offender at the time of sentencing.