Yes, I know it’s been too long since I reported. But I’ve
been traveling a bit on VBA and ABA business and have not been in the
statehouse that much in the last two weeks. As you know, the work of the first
two months of the session moved from the House to the Senate. This morning the
Senate Judiciary Committee took testimony on two bills that we have been
following. The first, H. 413, is the uniform collateral consequences of
conviction bill. Rich Cassidy took the committee through the bill and there
seemed to be support for it. Judge Davenport and John Treadwell, chief of the
AG’s criminal division, supported the bill with some small changes. It appears
the committee will return to this issue next week and vote it out. Then it’ll
be up to the House to either concur or decline and request a committee of
conference. I doubt the changes will be that dramatic that consensus cannot be
reached.
Right after that the committee heard from Penny Benelli and
Kate Kennedy on H. 88, the bill that would vest primary parental rights in a
victim of sexual assault. They both pointed out constitutional issues as well
as the lack of counsel in the hearing as designed by the House. Issues concerning
the best interest of the child standard as well as the interplay between the H.
88 hearing and TPR hearings left the committee with more questions than answers.
Legislative counsel was directed to work up a new draft for the committee to
review next week. Clearly the committee is leaning towards protecting a victim
of “stranger” sexual assault and cutting off the rights of the offender. But
how this affects situations where there is or was an ongoing relationship, even
a marriage, needs more thought. Whatever the Senate does will send the bill
into a conference committee with the House.
Later today, Dan Richardson will address the Senate
Government Operations Committee on H. 497, the open meeting law bill. There is
an issue in Sec 3 of the bill which amends 1 VSA 313 (Executive Sessions) by
adding a new sub 10, which in (E) seems to encroach upon the attorney client
relationship.
Tomorrow the minor guardianship bill is back before Senate
Judiciary to work out some remaining disagreements between probate
practitioners in Franklin- Grand Isle Counties and Administrative Judge
Davenport.
All of this is happening in what should be the penultimate
week of senate committee meetings. They’ve been told to cease regular meetings
after Friday April 25th. There’s much to be done yet and too much
will get left on the table if that happens. Adjournment could come as early as Saturday
3rd although I think the following Tuesday or Wednesday is a better
bet.
As always, thanks for reading.
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