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2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8003. Limitation on scope

§ 8003. Limitation on scope
(a) This chapter does not provide a basis for:
(1) invalidating a plea, conviction, or sentence;
(2) a cause of action for money damages;
(3) a claim for relief from or defense to the application of a collateral consequence based on a failure to comply with this chapter; or
(4) seeking relief from a collateral consequence imposed by another state or the United States or a subdivision, agency, or instrumentality thereof, unless the law of such jurisdiction provides for such relief.
(b) This chapter shall not affect:
(1) the duty an individual’s attorney owes to the individual;
(2) a claim or right of a victim of an offense; or
(3) a right or remedy under law other than this chapter available to an individual convicted of an offense. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8004. Identification, collection, and publication of laws regarding collateral consequences

§ 8004. Identification, collection, and publication of laws regarding collateral consequences
(a)(1) The Attorney General shall:
(A) identify or cause to be identified any provision in this State’s Constitution, statutes, and administrative rules which imposes a mandatory sanction or authorizes the imposition of a discretionary disqualification and any provision of law that may afford relief from a collateral consequence;
(B) prepare or compile from available sources a collection of citations to, and the text or short descriptions of, the provisions identified under subdivision (a)(1)(A) of this section not later than January 1, 2016; and
(C) update the collection provided under subdivision (B) of this subdivision (1) annually by January 1.
(2) In complying with subdivision (a)(1) of this section, the Attorney General may rely on or incorporate the summary of this State’s mandatory sanctions, discretionary disqualifications, and relief provisions prepared by the National Institute of Justice described in Section 510 of the Court Security Improvement Act of 2007, Pub. L. No. 110-177, § 510, 121 Stat. 2534 (2008) as it exists and as it may be amended.
(b) The Attorney General shall include or cause to be included the following statements in a prominent manner at the beginning of the collection required by subsection (a) of this section:
(1) This collection has not been enacted into law and does not have the force of law.
(2) An error or omission in this collection or any reference work cited in this collection is not a reason for invalidating a plea, conviction, or sentence or for not imposing a mandatory sanction or authorizing a discretionary disqualification.
(3) The laws of other jurisdictions that impose additional mandatory sanctions and authorize additional discretionary disqualifications are not included in this collection.
(4) This collection does not include any law or other provision regarding the imposition of or relief from a mandatory sanction or a discretionary disqualification enacted or adopted after [insert date the collection was prepared or last updated].
(c) The Attorney General shall publish or cause to be published the collection prepared and updated as required by subsection (a) of this section.
(d) The Attorney General shall publish or cause to be published as part of the collection the title and Internet address, if available, of the most recent collection of:
(1) the collateral consequences imposed by federal law; and
(2) any provision of federal law that may afford relief from a collateral consequence.
(e) An agency that adopts a rule pursuant to 3 V.S.A. §§ 836-844 that implicates collateral consequences to a conviction shall forward a copy of the rule to the Attorney General. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8005. Notice of collateral consequences and eligibility for expungement in pretrial proceeding

§ 8005. Notice of collateral consequences and eligibility for expungement in pretrial proceeding
(a) When an individual receives formal notice that the individual is charged with an offense, the court shall provide either oral or written notice substantially similar to the following to be communicated to the individual:
(1) If you plead guilty or are convicted of an offense, you may suffer additional legal consequences beyond jail or prison, home confinement, probation, and fines. These consequences may include:
(A) being unable to get or keep some licenses, permits, or jobs;
(B) being unable to get or keep benefits such as public housing or education;
(C) receiving a harsher sentence if you are convicted of another offense in the future;
(D) having the government take your property;
(E) being unable to serve in the military or on a jury;
(F) being unable to possess a firearm; and
(G) being unable to exercise your right to vote if you move to another state.
(2) If you are not a U.S. citizen, a guilty plea or conviction may also result in your deportation, removal, exclusion from admission to the United States, or denial of citizenship.
(3) The law may provide ways to obtain some relief from these consequences.
(4) Further information about the consequences of conviction is available on the Internet at http://legislature.vermont.gov/statutes/chapter/13/231.
(b) Before the court accepts a plea of guilty or nolo contendere from an individual, the court shall:
(1) confirm that the individual received the notice required by subsection (a) of this section and had an opportunity to discuss the notice with counsel, if represented, and understands that there may be collateral consequences to a conviction; and
(2) provide written notice, as part of a written plea agreement or through another form, of the following:
(A) that collateral consequences may apply because of the conviction;
(B) the Internet address of the collection of laws published under this chapter;
(C) that there may be ways to obtain relief from collateral consequences;
(D) that the conviction may be eligible for expungement or sealing pursuant to section 7602 of this title;
(E) contact information for government or nonprofit agencies, groups, or organizations, if any, offering assistance to individuals seeking relief from collateral consequences; and
(F) that conviction of a crime in this State does not prohibit an individual from voting in this State. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016; amended 2017, No. 57, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8006. Notice of collateral consequences and eligibility for expungement upon release

§ 8006. Notice of collateral consequences and eligibility for expungement upon release
(a) Prior to the completion of a sentence, an individual in the custody of the Commissioner of Corrections shall be given written notice of the following:
(1) that collateral consequences may apply because of the conviction;
(2) the Internet address of the collection of laws published under this chapter;
(3) that there may be ways to obtain relief from collateral consequences;
(4) that the conviction may be eligible for expungement or sealing pursuant to section 7602 of this title;
(5) contact information for government or nonprofit agencies, groups, or organizations, if any, offering assistance to individuals seeking relief from collateral consequences; and
(6) that conviction of a crime in this State does not prohibit an individual from voting in this State.
(b) For persons sentenced to incarceration, the notice shall be provided not more than 30 days and at least 10 days before completion of the sentence. If the sentence is for a term of less than 30 days then notice shall be provided when the sentence is completed.
(c) For persons receiving a sentence involving community supervision, such as probation, furlough, home confinement, conditional reentry, or parole, the notice shall be provided by the Department of Corrections in keeping with its mission of ensuring rehabilitation and public safety.
(d) For persons receiving a penalty involving a fine only, the court shall, at the time of the judgment, provide either oral or written notice that the conviction may be eligible for expungement or sealing pursuant to section 7602 of this title. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016; amended 2017, No. 57, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8007. Authorization required for mandatory sanction; ambiguity

§ 8007. Authorization required for mandatory sanction; ambiguity
(a) A mandatory sanction may be imposed only by statute or ordinance or by a rule adopted in the manner provided in 3 V.S.A. §§ 836-844. A law or rule shall impose unambiguously a collateral consequence in order for a court to impose a collateral consequence.
(b) A law creating a collateral consequence that is ambiguous as to whether it imposes an automatic mandatory sanction or whether it authorizes a decision-maker to disqualify a person based upon his or her conviction shall be construed as authorizing a discretionary disqualification. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8008. Decision to disqualify

§ 8008. Decision to disqualify
In deciding whether to impose a discretionary disqualification, a decision-maker shall undertake an individualized assessment to determine whether the benefit or opportunity at issue should be denied the individual. In making that decision, the decision-maker may consider, if substantially related to the benefit or opportunity at issue, the particular facts and circumstances involved in the offense and the essential elements of the offense. A conviction itself may not be considered except as having established the elements of the offense. The decision-maker shall also consider other relevant information, including the effect on third parties of granting the benefit or opportunity and whether the individual has been granted relief such as an order of limited relief or a certificate of restoration of rights. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8010. Order of limited relief

§ 8010. Order of limited relief
(a) An individual convicted of an offense may petition for an order of limited relief from one or more mandatory sanctions related to employment, education, housing, public benefits, or occupational licensing. The individual seeking an order of relief shall provide the prosecutor’s office with notice of his or her petition. After notice, the petition may be presented to the sentencing court at or before sentencing or to the Superior Court at any time after sentencing. If the petition is filed prior to sentencing, it shall be treated as a motion in the criminal case. If the petition is filed after sentencing, it shall be treated as a post-judgment motion.
(b) Except as otherwise provided in section 8012 of this title, the court may issue an order of limited relief relieving one or more of the mandatory sanctions described in this chapter if, after reviewing the petition, the individual’s criminal history record, any filing by a victim under section 8014 of this title, and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that:
(1) granting the petition will materially assist the individual in obtaining or maintaining employment, education, housing, public benefits, or occupational licensing;
(2) the individual has substantial need for the relief requested in order to live a law-abiding life; and
(3) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.
(c) The order of limited relief shall specify:
(1) the mandatory sanction from which relief is granted; and
(2) any restriction imposed pursuant to subsections 8013(a) and (b) of this title.
(d) An order of limited relief relieves a mandatory sanction to the extent provided in the order.
(e) If a mandatory sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in subsection 8008 of this title. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8011. Certificate of restoration of rights

§ 8011. Certificate of restoration of rights
(a) An individual convicted of an offense may petition the court for a certificate of restoration of rights relieving mandatory sanctions not sooner than five years after the individual’s most recent conviction of a felony or misdemeanor in any jurisdiction, or not sooner than five years after the individual’s release from incarceration pursuant to a criminal sentence in any jurisdiction, whichever is later. The individual seeking restoration of rights shall provide the prosecutor’s office with notice of his or her petition.
(b) Except as otherwise provided in section 8012 of this title, the court may issue a certificate of restoration of rights if, after reviewing the petition, the individual’s criminal history, any filing by a victim under section 8015 of this title or a prosecuting attorney, and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that:
(1) the individual is engaged in or seeking to engage in a lawful occupation or activity, including employment, training, education, or rehabilitative programs, or the individual otherwise has a lawful source of support;
(2) the individual is not in violation of the terms of any criminal sentence or that any failure to comply is justified, excused, involuntary, or insubstantial;
(3) a criminal charge is not pending against the individual; and
(4) granting the petition would not pose an unreasonable risk to the safety or welfare of the public or to any individual.
(c) A certificate of restoration of rights must specify any restriction imposed and mandatory sanction from which relief has not been granted under section 8013 of this title.
(d) A certificate of restoration of rights relieves all mandatory sanctions, except those listed in section 8012 of this title and any others specifically excluded in the certificate.
(e) If a mandatory sanction has been relieved pursuant to this section, a decision-maker may consider the conduct underlying a conviction as provided in section 8008 of this title. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8012. Discretionary disqualifications and mandatory sanctions not subject to order of limited relief or certificate of restoration of rights

§ 8012. Discretionary disqualifications and mandatory sanctions not subject to order of limited relief or certificate of restoration of rights
(a) An order of limited relief or certificate of restoration of rights may not be issued to relieve the following mandatory sanctions:
(1) requirements imposed by chapter 167, subchapter 3 of this title (sex offender registration; law enforcement notification);
(2) a motor vehicle license suspension, revocation, limitation, or ineligibility pursuant to Title 23 for which restoration or relief is available; or
(3) ineligibility for employment by law enforcement agencies, including the Office of the Attorney General, State’s Attorney, police departments, sheriff’s departments, State Police, or the Department of Corrections.
(b) An order of limited relief or certificate of restoration of rights may not be issued to relieve a discretionary disqualification or mandatory sanction imposed due to:
(1) a conviction of a listed crime as defined in section 5301 of this title; or
(2) a conviction of trafficking of regulated drugs pursuant to 18 V.S.A. chapter 84. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8013. Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights

§ 8013. Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights
(a) When a petition is filed under section 8010 or 8011 of this title, including a petition for enlargement of an existing order of limited relief or certificate of restoration of rights, the court shall notify the office that prosecuted the offense giving rise to the collateral consequence from which relief is sought and, if the conviction was not obtained in a court of this State, the Attorney General. The court may issue an order or certificate subject to restriction or condition.
(b) The court may restrict an order of limited relief or certificate of restoration of rights if it finds just cause by a preponderance of the evidence. Just cause includes subsequent conviction of a related felony in this State or of an offense in another jurisdiction that is deemed a felony in this State. An order of restriction may be issued:
(1) on motion of the court, the prosecuting attorney who obtained the conviction, or a government agency designated by that prosecutor;
(2) after notice to the individual and any prosecutor that has appeared in the matter; and
(3) after a hearing if requested by the individual or the prosecutor that made the motion or any prosecutor that has appeared in the matter.
(c) The court shall order any test, report, investigation, or disclosure by the individual it reasonably believes necessary to its decision to issue or modify an order of limited relief or certificate of restoration of rights. If there are material disputed issues of fact or law, the individual and any prosecutor notified under subsection (a) of this section or another prosecutorial agency designated by a prosecutor notified under subsection (a) of this section may submit evidence and be heard on those issues.
(d) A criminal history record as defined in 20 V.S.A. § 2056a and a criminal conviction record as defined in 20 V.S.A. § 2056c shall include issuance and modification of orders and certificates.
(e) The court may adopt rules for application, determination, modification, and revocation of orders of limited relief and certificates of restoration of rights.
(f) If the court grants in part or denies a petition under section 8010 or 8011 of this title, the court may order that the person not petition for relief for that particular offense under either section for a period not to exceed five years. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8014. Reliance on order or certificate as evidence of due care

§ 8014. Reliance on order or certificate as evidence of due care
In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief or a certificate of restoration of rights may be introduced as evidence of a person’s due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the order was issued, if the person knew of the order or certificate at the time of the alleged negligence or other fault. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8015. Victim’s rights

§ 8015. Victim’s rights
A victim of an offense may participate in a proceeding for issuance of an order of limited relief or a certificate of restoration of rights in the same manner as at a sentencing proceeding pursuant to section 5321 of this title to the extent permitted by rules adopted by the court. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8016. Uniformity of application and construction

§ 8016. Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8017. Savings and transitional provisions

§ 8017. Savings and transitional provisions
(a) This chapter applies to collateral consequences whenever enacted or imposed, unless the law creating the collateral consequence expressly states that this chapter does not apply.
(b) This chapter does not invalidate the imposition of a mandatory sanction on an individual before July 1, 2014, but a mandatory sanction validly imposed before July 1, 2014 may be the subject of relief under this chapter. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 232 - Vermont Electronic Communication Privacy Act › § 8101. Definitions

§ 8101. Definitions
As used in this chapter:
(1) “Adverse result” means:
(A) danger to the life or physical safety of an individual;
(B) flight from prosecution;
(C) destruction of or tampering with evidence;
(D) intimidation of potential witnesses; or
(E) serious jeopardy to an investigation or undue delay of a trial.
(2) “Electronic communication” means the transfer of signs, signals, writings, images, sounds, data, or intelligence of any nature in whole or in part by a wire, a radio, electromagnetic, photoelectric, or photo-optical system.
(3) “Electronic communication service” means a service that provides to its subscribers or users the ability to send or receive electronic communications, including a service that acts as an intermediary in the transmission of electronic communications, or stores protected user information.
(4) “Electronic device” means a device that stores, generates, or transmits information in electronic form.
(5) “Government entity” means a department or agency of the State or a political subdivision thereof, or an individual acting for or on behalf of the State or a political subdivision thereof.
(6) “Law enforcement officer” means:
(A) a law enforcement officer certified at Level II or Level III pursuant to 20 V.S.A. § 2358;
(B) the Attorney General;
(C) an Assistant Attorney General;
(D) a State’s Attorney; or
(E) a Deputy State’s Attorney
(7) “Lawful user” means a person or entity who lawfully subscribes to or uses an electronic communication service, whether or not a fee is charged.
(8) “Protected user information” means electronic communication content, including the subject line of e-mails, cellular tower-based location data, GPS or GPS-derived location data, the contents of files entrusted by a user to an electronic communication service pursuant to a contractual relationship for the storage of the files whether or not a fee is charged, data memorializing the content of information accessed or viewed by a user, and any other data for which a reasonable expectation of privacy exists.
(9) “Service provider” means a person or entity offering an electronic communication service.
(10) “Specific consent” means consent provided directly to the government entity seeking information, including when the government entity is the addressee or intended recipient or a member of the intended audience of an electronic communication. Specific consent does not require that the originator of a communication have actual knowledge that an addressee, intended recipient, or member of the specific audience is a government entity.
(11) “Subscriber information” means the name, names of additional account users, account number, billing address, physical address, e-mail address, telephone number, payment method, record of services used, and record of duration of service provided or kept by a service provider regarding a user or account. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 232 - Vermont Electronic Communication Privacy Act › § 8104. Exclusive remedies for a violation of this chapter

§ 8104. Exclusive remedies for a violation of this chapter
(a) A defendant in a trial, hearing, or proceeding may move to suppress electronic information obtained or retained in violation of the U.S. Constitution, the Vermont Constitution, or this chapter.
(b) A defendant in a trial, hearing, or proceeding shall not move to suppress electronic information on the ground that Vermont lacks personal jurisdiction over a service provider, or on the ground that the constitutional or statutory privacy rights of an individual other than the defendant were violated.
(c) A service provider who receives a subpoena issued pursuant to this chapter may file a motion to quash the subpoena. The motion shall be filed in the court that issued the subpoena before the expiration of the time period for production of the information. The court shall hear and decide the motion as soon as practicable. Consent to additional time to comply with process under section 8106 of this title does not extend the date by which a service provider shall seek relief under this subsection. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 232 - Vermont Electronic Communication Privacy Act › § 8105. Execution of warrant for information kept by service provider

§ 8105. Execution of warrant for information kept by service provider
A warrant issued under this chapter may be addressed to any Vermont law enforcement officer. The officer shall serve the warrant upon the service provider, the service provider’s registered agent, or, if the service provider has no registered agent in the State, upon the Office of Secretary of State in accordance with 12 V.S.A. §§ 851-858. If the service provider consents, the warrant may be served via U.S. mail, courier service, express delivery service, facsimile, electronic mail, an Internet-based portal maintained by the service provider, or other reliable electronic means. The physical presence of the law enforcement officer at the place of service or at the service provider’s repository of data shall not be required. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 232 - Vermont Electronic Communication Privacy Act › § 8106. Service provider’s response to warrant

§ 8106. Service provider’s response to warrant
(a) The service provider shall produce the items listed in the warrant within 30 days unless the court orders a shorter period for good cause shown, in which case the court may order the service provider to produce the items listed in the warrant within 72 hours. The items shall be produced in a manner and format that permits them to be searched by the law enforcement officer.
(b) This section shall not be construed to limit the authority of a law enforcement officer under existing law to search personally for and locate items or data on the premises of a Vermont service provider.
(c) As used in this section, “good cause” includes an investigation into a homicide, kidnapping, unlawful restraint, custodial interference, felony punishable by life imprisonment, or offense related to child exploitation. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 232 - Vermont Electronic Communication Privacy Act › § 8107. Criminal process issued by Vermont court; reciprocity

§ 8107. Criminal process issued by Vermont court; reciprocity
(a) Criminal process, including subpoenas, search warrants, and other court orders issued pursuant to this chapter, may be served and executed upon any service provider within or outside the State, provided the service provider has contact with Vermont sufficient to support personal jurisdiction over it by this State. Notwithstanding any other provision in this chapter, only a service provider may challenge legal process, or the admissibility of evidence obtained pursuant to it, on the ground that Vermont lacks personal jurisdiction over it.
(b) This section shall not be construed to limit the authority of a court to issue criminal process under any other provision of law.
(c) A service provider incorporated, domiciled, or with a principal place of business in Vermont that has been properly served with criminal process issued by a court of competent jurisdiction in another state, commonwealth, territory, or political subdivision thereof shall comply with the legal process as though it had been issued by a court of competent jurisdiction in this State. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 232 - Vermont Electronic Communication Privacy Act › § 8108. Real time interception of information prohibited

§ 8108. Real time interception of information prohibited
A law enforcement officer shall not use a device that via radio or other electromagnetic wireless signal intercepts in real time from a user’s device a transmission of communication content, real time cellular tower-derived location information, or real time GPS-derived location information, except for purposes of locating and apprehending a fugitive for whom an arrest warrant has been issued. This section shall not be construed to prevent a law enforcement officer from obtaining information from an electronic communication service as otherwise permitted by law. (Added 2015, No. 169 (Adj. Sess.), § 5, eff. Oct. 1, 2016.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 1. Who may make

§ 1. Who may make
Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a will in writing. (Amended 2017, No. 195 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 2. Deposit of will for safekeeping; delivery; final disposition

§ 2. Deposit of will for safekeeping; delivery; final disposition
(a) A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the court of the applicable fee required by 32 V.S.A. § 1434(a)(17). The register shall give to the testator a receipt, shall safely keep each will so deposited, and shall keep an index of the wills so deposited.
(b) Each will so deposited shall be enclosed in a sealed envelope on which is written the name and address of the testator and the names and addresses of the executors named in the will. The will shall not be opened until it is delivered to a person entitled to receive it or until otherwise disposed of by the court.
(c) During the life of the testator, that will shall be delivered only to the testator or in accordance with the testator’s order in writing duly acknowledged or otherwise proved to the satisfaction of the court, but the testator’s duly authorized legal guardian or attorney-in-fact may at any time inspect and copy the will in the presence of the judge or register.
(d) [Repealed.]
(e) Except as provided in this section, wills deposited for safekeeping or any index of wills so deposited are not open to public inspection during the life of the testator. (Amended 1961, No. 122, eff. May 16, 1961; 1971, No. 105, § 1; 1985, No. 144 (Adj. Sess.), § 11; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 33, § 11b; 2017, No. 28, § 2, eff. May 10, 2017; 2017, No. 195 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 3. Will may pass all property and after-acquired property

§ 3. Will may pass all property and after-acquired property
A will may provide for the passage of all property the testator owns at death and all property acquired by the estate after the testator’s death. (Amended 2017, No. 195 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 5. Execution of will; requisites

§ 5. Execution of will; requisites
(a) A will shall be:
(1) in writing;
(2) signed in the presence of two or more credible witnesses by the testator or in the testator’s name by some other person in the testator’s presence and by the testator’s express direction; and
(3) attested and subscribed by the witnesses in the presence of the testator and each other.
(b) During the period that the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State (the Emergency Rules) are in effect, the witnesses to a will signed in conformity with the Emergency Rules and pursuant to the self-proving will provisions of section 108 of this title shall be considered to be in the presence of the testator and each other whether or not the witnesses are physically present with the testator or the notary. (Amended 2005, No. 106 (Adj. Sess.), § 1; 2017, No. 195 (Adj. Sess.), § 1; 2019, No. 96 (Adj. Sess.), § 1, eff. April 28, 2020.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 7. How made by soldier or sailor; military will

§ 7. How made by soldier or sailor; military will
(a) The provisions of this chapter shall not prevent a person in active military service from disposing of his or her estate as he or she might otherwise have done.
(b) Notwithstanding any other provision of law, a military will prepared and executed in compliance with, and containing a provision stating that the will is prepared pursuant to, 10 U.S.C. § 1044d shall be deemed to be legally executed and shall be of the same force and effect as if executed in the mode prescribed by the laws of this State. (Amended 2005, No. 7, § 1, eff. April 21, 2005; 2017, No. 195 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 10. Devise or legacy to witness

§ 10. Devise or legacy to witness
Any beneficial devise or legacy made or given in a will to a subscribing witness to the will or to the spouse of a subscribing witness shall be voidable unless there are two other competent, subscribing witnesses to the will. Notwithstanding this section, a provision in the will for payment of a debt shall not be void or disqualify the creditor as a witness to the will. (Amended 2017, No. 195 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 1 - Wills › § 11. How revoked

§ 11. How revoked
(a)(1) A will is revoked:
(A) by executing a subsequent will that revokes the previous will expressly or by inconsistency; or
(B) by performing a revocatory act on the will, if the testator performed the act with the intent and for the purpose of revoking the will or part or if another individual performed the act in the testator’s conscious presence and by the testator’s direction.
(2) As used in this subsection, “revocatory act on the will” includes burning, tearing, canceling, obliterating, or destroying the will or any part of it. A burning, tearing, or canceling is a revocatory act on the will, whether or not the burn, tear, or cancellation touched any of the words on the will.
(b) The testator is presumed to have intended a subsequent will to replace rather than supplement a previous will if the subsequent will makes a complete disposition of the testator’s estate. If this presumption arises and is not rebutted by clear and convincing evidence, the previous will is revoked and only the subsequent will is operative on the testator’s death.
(c) The testator is presumed to have intended a subsequent will to supplement rather than replace a previous will if the subsequent will does not make a complete disposition of the testator’s estate. If this presumption arises and is not rebutted by clear and convincing evidence, the subsequent will revokes the previous will only to the extent the subsequent will is inconsistent with the previous will, and each will is fully operative on the testator’s death to the extent they are not inconsistent. (Amended 2017, No. 195 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 101. Will not effective until allowed

§ 101. Will not effective until allowed
To be effective, a will must be allowed in the Probate Division of the Superior Court, or by appeal in the Civil Division of the Superior Court or the Supreme Court. (Amended 1985, No. 144 (Adj. Sess.), § 12; 2009, No. 154 (Adj. Sess.), § 120, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 102. Allowance conclusive as to execution

§ 102. Allowance conclusive as to execution
The allowance of a will shall be conclusive as to its due execution and validity. (Amended 1985, No. 144 (Adj. Sess.), § 13; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 103. Custodian of will to deliver

§ 103. Custodian of will to deliver
If a person has the custody of a will, within 30 days after learning of the death of the testator, the custodian shall deliver the will to the Probate Division of the Superior Court where venue lies or to the executor named in the will. (Amended 1985, No. 144 (Adj. Sess.), § 14; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 104. Executor to present will and accept or refuse trust

§ 104. Executor to present will and accept or refuse trust
(a) A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent’s estate in the Probate Division of the Superior Court where venue lies with reasonable promptness.
(b) A petition to open an estate need not be filed when no assets require probate administration. The named executor may file with the court an original death certificate and will without filing a petition to open an estate by notifying the court that no assets appear to require probate administration. (Amended 1985, No. 144 (Adj. Sess.), § 15; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 106. Duty of custodian of will; liability

§ 106. Duty of custodian of will; liability
(a) After the death of a testator and on request of an interested person, a person having custody of a will of the testator shall deliver it with reasonable promptness to an appropriate court. A person who intentionally refuses or fails to deliver a will after being ordered to do so by the court in a proceeding brought for the purpose of compelling delivery may be subject to proceedings for civil contempt under 12 V.S.A. § 122.
(b) A person who suffers damages as a result of another person’s intentional failure to deliver a will shall have an action in Superior Court for damages and injunctive relief. (Amended 1971, No. 199 (Adj. Sess.), § 17; 1985, No. 144 (Adj. Sess.), § 16; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 107. Allowance of will; custody of property

§ 107. Allowance of will; custody of property
(a) If consents are filed by all the heirs at law and surviving spouse, a will may be allowed without hearing. If consents are not obtained, the court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
(b) Objections to allowance of the will must be filed in writing not less than seven days prior to the hearing. In the event that no timely objections are filed, the court may:
(1) allow the will on the testimony of only one of the subscribing witnesses if the witness testifies that the will was executed as provided in chapter 1 of this title; or
(2) allow the will without hearing if it meets criteria set out in section 108 of this title.
(c) After delivery of the will to the court, the person named as executor in the will shall have power pending allowance thereof, to assume custody of the estate for its preservation until a special or other administrator is appointed and qualifies. (Amended 1975, No. 240 (Adj. Sess.), § 1; 1985, No. 144 (Adj. Sess.), § 17; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2; 2019, No. 36, § 2; 2019, No. 167 (Adj. Sess.), § 15, eff. October 7, 2020.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 108. Self-proved wills

§ 108. Self-proved wills
A will may be self-proved as to its execution, by the sworn acknowledgment of the testator and the witnesses, made before a notary public or other official authorized to administer oaths in the place of execution in the following circumstances:
(1) The testator signed the instrument as the testator’s will or expressly directed another to sign for the testator in the presence of two witnesses.
(2) The signing was the testator’s free and voluntary act for the purposes expressed in the will.
(3) Each witness signed at the request of the testator, in the testator’s presence, and in the presence of the other witness.
(4) To the best knowledge of each witness at the time of the signing, the testator was at least 18 years of age or emancipated by court order and was of sound mind and under no constraint or undue influence. (Amended 1985, No. 144 (Adj. Sess.), § 18; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 110. Absence of witness, proof

§ 110. Absence of witness, proof
When it appears to the court that a will cannot be proven as otherwise provided by law, because one or more of the subscribing witnesses are unavailable or incapable of testifying, the court may admit the will to probate upon the testimony in person or by affidavit of at least one credible disinterested individual that the signature to the will is in the handwriting of the person whose will it purports to be, or upon other sufficient proof of the handwriting, and the will on its face complies with other legal requirements. This section shall not preclude the court, in its discretion, from requiring additional testimony of any available subscribing witness or proof of other pertinent facts and circumstances that the court deems necessary to admit the will to probate. (Amended 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 111. Notice to beneficiaries

§ 111. Notice to beneficiaries
Within 30 days after the allowance of a will, the court shall mail, postage paid, a written notice thereof to each beneficiary, devisee, or legatee named in the will, and to any other person who contested the allowance. (Amended 1985, No. 144 (Adj. Sess.), § 19; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 112. Wills made out of state

§ 112. Wills made out of state
(a) A last will and testament executed outside this State in the mode prescribed by the law, either of the place where executed or of the testator’s domicile, shall be deemed to be legally executed and shall be of the same force and effect as if executed in the mode prescribed by the laws of this State, provided that the last will and testament is in writing and subscribed by the testator.
(b) When a will is allowed pursuant to subsection (a) of this section, the Probate Division of the Superior Court shall grant letters testamentary or letters of administration with the will annexed, and the letters shall extend to all the estate of the testator in this State. After the payment of enforceable debts and expenses of administration, the estate shall be disposed of according to the will so far as the will may operate upon it, and the residue shall be disposed of as is provided in case of estates in this State belonging to persons who are residents of another state or country. (Amended 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 113. Wills allowed out of state—Generally

§ 113. Wills allowed out of state—Generally
A will allowed in any other state, or in a foreign country, according to the laws of that state or country, may be the subject of ancillary administration in the Probate Division of the Superior Court. (Amended 1971, No. 179 (Adj. Sess.), § 3; 1985, No. 144 (Adj. Sess.), § 20; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 114. Petition and hearing on

§ 114. Petition and hearing on
(a) When a will has been allowed in any other state or country, as provided in section 113 of this title, an executor or other person interested may file a petition for ancillary administration. The petition shall contain:
(1) a duly authenticated copy of the decedent’s will and the allowance thereof, where probate is required by the laws of the state or country; or
(2) a duly authenticated certificate of the legal custodian of the original will that the same is a true copy and that the will has become operative by the laws of the state or country, where probate is not required by the laws of the state or country; or
(3) a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody thereof and duly authenticated by the notary, the laws of the state or country requiring that the will remain in the custody of the notary.
(b) After receiving a petition for ancillary administration, the Probate Division of the Superior Court shall schedule a hearing and require notice as provided by the Rules of Probate Procedure. Objections to allowance of the will in Vermont shall be filed in writing not less than 14 business days prior to the hearing. In the event that no objections are filed, the will shall be allowed without hearing. (Amended 1985, No. 144 (Adj. Sess.), § 21; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 115. Order for filing

§ 115. Order for filing
If the instrument is allowed in this State as the last will and testament of the deceased, the copy shall be filed and recorded and the will shall have the same effect as if originally allowed in the same court. (Amended 1971, No. 179 (Adj. Sess.), § 4; 1985, No. 144 (Adj. Sess.), § 22; 2017, No. 195 (Adj. Sess.), § 2.)