Vermont Statutes Title 13 Sec. 8007
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Terms Used In Vermont Statutes Title 13 Sec. 8007
- Collateral consequence: means a mandatory sanction or a discretionary disqualification. See
- Court: means the Criminal Division of the Superior Court. See
- Decision-maker: means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance. See
- Discretionary disqualification: means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. See
- Mandatory sanction: means a penalty, disability, or disadvantage imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Statute: A law passed by a legislature.
§ 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.)