Senate moves S.196 to third reading to clarify evidence rules in some pretrial hearings

The Vermont Senate ordered S.196 for third reading after a floor presentation by the senator from Windham explaining the bill would clarify how evidence is handled in certain pretrial 'hold without bail' hearings.

The senator from Windham told colleagues S.196 aims "to ensure that the rules of evidence do not apply to the second stage of the 7553A hearing and would thus make it consistent with the second stage of a 7553 hearing." He described the underlying two-step process: first, the state must show that "the evidence of guilt is great," and second, the state must establish "by clear and convincing evidence that the defendant's release poses the risk to any person and that no condition or combination of conditions can mitigate this risk." The sponsor characterized the change as a technical fix to address differing court interpretations across counties.

The sponsor illustrated the practical effect with a hypothetical: if the rules of evidence applied to the second stage, "within that 15 day window" a victim could be required to testify at the pretrial hearing; under the bill, sworn audio statements, affidavits or other trial-admissible evidence could be used instead. He said the bill would allow the state to make the second-stage showing "without necessarily having to call the victim to testify."

The senator listed witnesses who appeared before the committee (a domestic-violence prosecutor from the Windham County State's Attorney's Office, legislative counsel, the defender general's office, the deputy director of the Vermont Network Against Domestic and Sexual Violence, and the chief superior judge) and reported the committee vote as recorded in the transcript. A follow-up question from a senator identified as from Windsor confirmed that Department of State's Attorneys and sheriffs were included among those who testified.

The presiding officer put the question and the ayes prevailed; the Senate ordered S.196 for third reading. Next steps are the scheduled third reading in the Senate and any further committee or floor amendments prior to final passage.