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-BILL AS INTRODUCED H.18
-2025 Page 1 of 6
+H.18
 
-VT LEG #378666 v.1
-H.18 1
-Introduced by Representatives Arsenault of Williston, Dolan of Essex 2
-Junction, and Rachelson of Burlington 3
-Referred to Committee on  4
-Date:  5
-Subject: Crimes; driving with license suspended; decriminalization  6
-Statement of purpose of bill as introduced:  This bill proposes to create a civil 7
-violation for individuals who commit a nonmoving violation of a motor 8
-vehicle after the individuals’ privilege to operate a motor vehicle is suspended 9
-or revoked for a third or subsequent time within a two-year period of the first 10
-offense. 11
-An act relating to decriminalizing nonmoving DLS violations for third-time 12
-offenders 13
-It is hereby enacted by the General Assembly of the State of Vermont:  14
-Sec. 1.  23 V.S.A. § 674 is amended to read: 15
-§ 674.  OPERATING AFTER SUSPENSION OR REVOCATION OF 16
-LICENSE; PENALTY; REMOVAL OF REGISTRATION PLATES; 17
-TOWING 18
-(a)(1)  Except as provided in section 676 of this title, a person whose license 19
-or privilege to operate a motor vehicle has been suspended or revoked for a 20
-BILL AS INTRODUCED H.18
-2025 Page 2 of 6
+An act relating to decriminalizing nonmoving DLS violations for third-time offenders
 
-VT LEG #378666 v.1
-violation of this section or subsection 1091(b), 1094(b), or 1128(b) or (c) of 1
-this title and who operates or attempts to operate a motor vehicle upon a public 2
-highway before the suspension period imposed for the violation has expired 3
-shall be imprisoned not more than two years or fined not more than $5,000.00, 4
-or both. 5
-(2)  A On or after December 1, 2016, a person who violates section 676 6
-of this title for the third or subsequent time shall, if the two prior offenses 7
-occurred within two years of the third offense and on or after December 1, 8
-2016 the basis for the third or subsequent offense is a moving violation, be 9
-imprisoned not more than two years or fined not more than $5,000.00, or both. 10
-(3)  Violations of section 676 of this title that occurred prior to the date a 11
-person successfully completes the DLS Diversion Program shall not be 12
-counted as prior offenses under subdivision (2) of this subsection. 13
-(b)  Except as authorized in section 1213 of this title, a person whose 14
-license or privilege to operate a motor vehicle has been suspended or revoked 15
-for a violation of section 1201 of this title or has been suspended under section 16
-1205 of this title and who operates or attempts to operate a motor vehicle upon 17
-a public highway before reinstatement of the license shall be imprisoned not 18
-more than two years or fined not more than $5,000.00, or both.  The sentence 19
-shall be subject to the following mandatory minimum terms: 20
-BILL AS INTRODUCED H.18
-2025 Page 3 of 6
+Sponsors:
 
-VT LEG #378666 v.1
-(1)  For the first offense, the defendant shall pay a mandatory minimum 1
-fine of $300.00 or complete 40 hours of community service.  In the event that 2
-no term of imprisonment, suspended or to serve, is imposed, the community 3
-service shall be performed within 120 days.  Failure to submit proof of 4
-completion of the 40 hours within 120 days shall constitute civil contempt 5
-unless the defendant requests an extension for good cause shown prior to 6
-expiration of the 120 days. 7
-(2)  For a second offense occurring within five years, the defendant shall 8
-pay a mandatory minimum fine of $750.00 or complete 80 hours of community 9
-service.  In the event that no term of imprisonment, suspended or to serve, is 10
-imposed, the community service shall be performed within 120 days.  Failure 11
-to submit proof of completion of the 80 hours within 120 days shall constitute 12
-civil contempt unless the defendant requests an extension for good cause 13
-shown prior to expiration of the 120 days. 14
-(3)  For the third offense occurring within five years, the defendant shall 15
-serve at least 12 days of preapproved furlough with community restitution. 16
-(4)  For the fourth offense occurring within five years, the defendant 17
-shall serve at least 18 days of preapproved furlough with community 18
-restitution. 19
-BILL AS INTRODUCED H.18
-2025 Page 4 of 6
+Rep.  Angela Arsenault,
 
-VT LEG #378666 v.1
-(5)  For the fifth and subsequent offenses occurring within five years, the 1
-defendant shall be imprisoned at least 16 consecutive days in a correctional 2
-facility.  The sentence may shall not be suspended or deferred. 3
-(c)  An enforcement officer shall have the authority to remove any number 4
-plates from a motor vehicle that is being operated by a person in violation of 5
-subsection (a) or (b) of this section.  The Commissioner shall be notified in 6
-writing and may, in his or her the Commissioner’s sole discretion, cause the 7
-plates to be returned to the registered owner or lessee for good cause shown. 8
-(d)  Notwithstanding any other provision of this title, when a conviction for 9
-a violation of this section and a conviction for a violation of section 1201 of 10
-this title result from the same incident, any penalty or suspension or revocation 11
-of a person’s license or privilege to operate shall be imposed to be consecutive 12
-and not concurrent. 13
-(e)  In determining appropriate fines under this section, the court may take 14
-into account the income of the defendant. 15
-(f)  For purposes of this section and section 676 of this title, the suspension 16
-period for a violation of section 1201 or 1205 of this title shall not be deemed 17
-to expire until the person has complied with section 1209a of this title and the 18
-person’s license has been reinstated. 19
-(g)  In establishing a prima facie case against a person accused of violating 20
-this section, the court shall accept as evidence a printout attested to by the law 21
-BILL AS INTRODUCED H.18
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+,
+Rep.  Karen Dolan, Rep.  Barbara Rachelson,
 
-VT LEG #378666 v.1
-enforcement officer as the person’s motor vehicle record showing convictions 1
-and resulting license suspensions.  The admitted motor vehicle record shall 2
-establish a permissive inference that the person was under suspension on the 3
-dates and time periods set forth in the record.  No certified copy shall be 4
-required from the Department of Motor Vehicles to establish the permissive 5
-inference. 6
-(h)  At the time of sentencing after a second or subsequent conviction under 7
-subsection (b) of this section, the court may, in addition to any penalty 8
-imposed by law, order that the motor vehicle operated by the person at the time 9
-of the offense be immobilized.  At the time of sentencing after a third or 10
-subsequent conviction under subsection (b) of this section, the court may, in 11
-addition to any penalty imposed by law, order that the motor vehicle operated 12
-by the person at the time of the offense be forfeited and sold.  Immobilization 13
-and forfeiture procedures under this section shall be conducted in accordance 14
-with the procedures in section 1213c of this title. 15
-(i)  A person convicted of violating this section shall be assessed a 16
-surcharge of $50.00, which shall be added to any fine or surcharge imposed by 17
-the court.  The court shall collect and transfer the surcharge assessed under this 18
-subsection to be credited to the DUI Enforcement Fund.  The collection 19
-procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of 20
-this surcharge. 21
-BILL AS INTRODUCED H.18
-2025 Page 6 of 6
+Location: House Committee on Judiciary
 
-VT LEG #378666 v.1
-Sec. 2.  EFFECTIVE DATE 1
-This act shall take effect on July 1, 2025. 2
+Last Recorded Action: 1/9/2025 - Read first time and referred to the Committee on Judiciary
+
+Committee Activity - Meeting Full List
+
+Regular Session 2025-2026
+
+No meeting history found for H.18 in the Regular Session 2025-2026.