House clarifies admissibility standard for second stage of hold‑without‑bail hearings

The House considered Senate Bill 196, a short technical bill that clarifies evidentiary standards in the second stage of so‑called "weight of the evidence" or hold‑without‑bail hearings under 13 VSA §7553a.

A presenter from the House Judiciary Committee explained that hearings under 7553 and 7553a proceed in two steps: first, the state must show that evidence of guilt is great; second, the state must prove by clear and convincing evidence that a defendant's release presents a risk to any person and that no condition of release can mitigate that risk. Courts have diverged on whether the rules of evidence apply to the second step in 7553a hearings. S 196 would make explicit that rules of admissibility do not apply to the second stage of a 7553a hearing, bringing that step into alignment with 7553 practice and reducing inconsistent demands that can force victims to testify live instead of relying on affidavits or sworn statements.

The presenter described the change as a technical fix intended to remove inconsistency between jurisdictions and to prevent unnecessary victim appearances at hearings. The House concurred with the committee recommendation by voice vote and ordered third reading.