Legislative counsel Erik FitzPatrick, right, briefs the House Judiciary Committee on a bill pertaining to second degree aggravated domestic assault at the Statehouse on Wednesday. Photo by Glenn Russell/VTDigger
A proposed bill would allow for an increased penalty for a person charged with domestic assault in Vermont who has a previous conviction for a similar offense in another state.
The legislation, H.7, would permit a prior out-of-state domestic assault conviction to bump a misdemeanor domestic assault charge in Vermont up to a felony.
As a result, a person would face a penalty of up to five years in prison for a felony conviction on a charge of second-degree aggravated domestic assault as opposed to the possible maximum of 18 months on a misdemeanor domestic assault charge.
Rep. Laura Sibilia, I-Dover, the lead sponsor of the bill, testified before the House Judiciary Committee on Wednesday on the legislation. She told the panel that her district includes communities close to New York, New Hampshire and Massachusetts.
Rep. Lauren Sibilia, I-West Dover, briefs the committee on the bill of which she is lead sponsor. Photo by Glenn Russell/VTDigger
She talked of cases where someone moved into Vermont and was charged with misdemeanor domestic assault and had prior a conviction in a neighboring state. Currently, she said, that person can only be charged with the misdemeanor offense.
This bill would change that, she said, and allow for the increased penalty and provide prosecutors with another option in cases involving repeat domestic assault offenders.
The prior conviction in the other state would qualify for the enhancement if that offense leading to the out-of-state conviction would “constitute” a domestic assault in Vermont.
Rep. Nader Hashim, D-Dummerston, the first active Vermont State Police trooper elected to the Legislature and a member of the House Judiciary Committee, is another sponsor of the legislation.
Rep. Maxine Grad, D-Moretown, committee chair, told the panel that the state has a similar process for DUI offenses, where out-of-state drunken driving convictions are counted in Vermont and can lead to increased penalties.
The committee took no action on the legislation Wednesday, with members talking about seeking out more information about what others states do for accounting for out-of-state convictions, as well as data on how often such cases arise.
Windsor County State’s Attorney Tracy Kelly Shriver briefs the House Judiciary Committee on the bill. Photo by Glenn Russell/VTDigger
Windham County State’s Attorney Tracy Kelly Shriver spoke in favor of the legislation during Wednesday’s hearing, adding that she works in a county that borders Massachusetts and New Hampshire.
The prosecutor spoke specifically about a recent case in which a man “grabbed a woman by the neck, pushed her, and shoved, all while while she was holding their infant.” He was charged with misdemeanor domestic assault in Vermont, she said.
“But there’s more to the story,” Shriver added.
“One year earlier,” she said, “he was convicted across the border in New Hampshire of assaulting the exact same woman while she was pregnant, by holding her down and punching her in the stomach, by forcing her to drink the spit jar from his chew, and strangling her and punching her in the face.”
She said a police officer asked why that suspect wasn’t charged as a repeat offender, like would happen with multiple drunken driving offenses.
“I had no answer for that, because it should be enhanced,” she said. “He should face, maybe not necessarily receive, a greater penalty.”
She said she was asking for a change in the law to allow for the enhanced penalty to address cases involving “serial” abusers. Shriver also said a felony conviction provides additional treatment and rehabilitation options at the time of sentencing, as opposed to those available for misdemeanor offenses.
Deputy Defender General Marshall Pahl testified Wednesday that he had “concern” with the legislation.
Rep. Nader Hashim, D-Dummerston, center, listens as legislative counsel Erik FitzPatrick, left, briefs the House Judiciary Committee on Wednesday. Photo by Glenn Russell/VTDigger
“We’re concerned whenever we start importing another state’s criminal justice system,” he said, adding that problems can arise when using out-of-state convictions to enhance Vermont’s penalties.
For example, he talked of what he described as Vermont’s better system regarding bail than many other states have in place. And in those other states, that difference can lead to people held on bail to plead out to offenses, whether they are guilty or not, just to gain their freedom.
“In particular, that’s a problem that affects communities with extensive poverty,” Pahl said. “If you are wealthy enough to hire a Manhattan criminal attorney you’re not likely to plead out just because you can’t post bail.”
He also talked of studies that show varying biases in other states when it comes to race and gender in prosecuting domestic violence cases.
“When we say we’re going to start taking convictions from out of state, using them to enhance convictions here, we’re taking on, shouldering, all those problems from other states,” Pahl said.
Vermont Network against Domestic & Sexual Violence as well as the Vermont Center for Crime Victim Services both supported the proposed legislation.
“There are lots of rights for people who are accused of crimes, there are very few protections, ultimately, for victims of domestic violence,” Chris Fenno, CCVS executive director, told the committee Wednesday.
“The borders are porous and having a victim not be able to be to safe in our state because the prior conviction was in New Hampshire is a travesty, it really is,” she added. “We should change that.”
Read the story on VTDigger here: Bill seeks to allow out-of-state domestic violence convictions to enhance penalty in Vermont.