Senate gives preliminary approval to bill creating new crime of aggravated disorderly conduct
The Senate Friday gave first approval to a bill creating a new crime of aggravated disorderly conduct. The bill stands poised for final approval.
The Senate Judiciary Committee vetted S.195. It heard from three Topsham neighbors fed up with a noisy and insulting neighbor, as well as law enforcement officials.
The neighbors, during testimony, played videos of the blaring musical horn their neighbor plays and recordings of him yelling “Get out of Vermont or you will die!” as well as other obscenities.
Police told the committee the man was charged with disorderly conduct but either paid a fine or served a short sentence, and continues to blare his horn and yell.
“Unfortunately when it comes to situations when someone is really driving somebody else crazy it doesn’t quite rise to the level of something that a judge would take seriously,” said Sen. Joe Benning, R-Caledonia, who reported the bill to the floor.
Aggravated disorderly conduct is defined in the bill as a repeated behavior directed at a specific person with the intent to cause the person inconvenience or annoyance, or to disturb the person’s peace, quiet or right of privacy.
In addition, aggravated disorderly conduct must include any one of the following: fighting or violent behavior, making unreasonable noise, using obscene language in public or threatening bodily injury or a felony.
“We are literally creating a new crime, which basically raises the level of punishment,” Benning said.
The penalty, the bill says, is up to 180 days in prison and a fine of not more than $2,000.
The bill also sets stiffer penalties for conviction of a subsequent offence of disorderly conduct. It raises that maximum fine from $500 to $1,000 and the maximum jail time from 60 to 120 days.
“My concern with this legislation is it creates a new category of crime and seems to respond to one set of circumstances,” said Sen. Diane Snelling, R-Chittenden.
Members of the Judiciary Committee said police said this happens often. They also said the Topsham situation is very serious.
“What we heard was very, very disturbing, very disturbing,” said Sen. Jeanette White, D-Windham. “People have not been able to live in their homes, have their windows open.”
Sen. Dick Sears defended the judiciary’s work in this bill as well as S.295 and any bill that creates a new crime.
“I want to make clear that…we are not trying to create more people in jail. What we’re trying to create is a safer and more pleasing environment for our citizens, and I think that’s what we all try to do,” Sears said.
