[A] single piece of legislation is heading to the governor’s desk that would change the bail system, create a new crime for distributing fentanyl, outlaw bestiality and more.
After negotiations, both the House and Senate passed H.503 last week, sending it to Gov. Phil Scott for a signature.
The drug, which can be about 50 times more potent than heroin, is increasingly linked to overdose deaths in Vermont and across the country. Often the drug is mixed into other substances, so users are unaware they are consuming it.
Though fentanyl has been increasingly common in Vermont, according to law enforcement officials and the Department of Health, the state does not have a law specifically criminalizing its distribution. Crimes related to the substance are typically prosecuted under other laws because the drug is frequently mixed with other illegal products.
While the Senate strongly favored creating a crime of distributing and possessing fentanyl, the House was wary of establishing new criminal penalties and proposed a study of drug penalties.
After negotiations, the two bodies agreed to legislation that will make distribution and trafficking of fentanyl a crime punishable with a fine of up to $1 million and up to 30 years in prison, depending on the amounts. That would make the penalties the same as selling heroin.
Sen. Dick Sears, D-Bennington, said he believes the penalty will help law enforcement better deal with the increase in prevalence of fentanyl in Vermont.
“It really is a drug that’s causing overdose deaths nationwide. Every state in the union is dealing with this problem,” said Sears, chair of the Senate Judiciary Committee.
The legislation also includes language from a separate bill that changes policy on setting bail. In the new law, if someone is cited into court to answer to a criminal charge, rather than arrested, a judge cannot jail the person and impose bail when the person makes that initial court appearance.
Under current law, if someone is believed to have violated probation, he or she is typically arrested and detained in prison. The bill will allow flexibility, so someone who violates probation could be cited to appear later in court. The bill will also allow for pretrial detention on home detention.
Rep. Martin Lalonde, D-South Burlington, described the steps in the bill as incremental changes to bail laws.
Defender General Matt Valerio said the changes to bail law will not have a major impact on the numbers of people who are detained on bail.
The bill also makes changes to the state’s animal cruelty laws — including criminalizing bestiality.
Currently, Vermont is one of eight states — plus Washington, D.C. — without laws that impose criminal penalties for sexual abuse of animals, according to The Associated Press.
The legislation also increases the penalty for aggravated animal cruelty to five years in prison, from the current three.
