[{"_1":2,"_87":-5,"_88":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},"mediaId",6345649,"mediaKeyId","2248725-fed5aa7d9d48d3c26b38f4f6d94b2df8","parentId",2248725,"title","Committee approves amended draft that creates aggravated penalty for abuse of a dead body","audioSeconds",5,"startMs",8160,"endMs",13200,"viewUrl","/Search/View?dp=1&key=2248725-fed5aa7d9d48d3c26b38f4f6d94b2df8&start=8&end=13","thumbnailUrl","https://assets.pipeline.soar.com/2248725-fed5aa7d9d48d3c26b38f4f6d94b2df8/thumbnail_8160.jpg","articleUrl","/articles/6345649/Vermont/Committee-approves-amended-draft-that-creates-aggravated-penalty-for-abuse-of-a-dead-body","mediaUrl","https://secure.pipeline.soar.com/6345649-75ded43ba8c1f13eaeed713031ea10aa/orig.mp4?Expires=1772819260&Signature=E9cV59gdcLTMiS5H33hlwLqkKEHAA1n-MWTDmvga6TlnrGMmXSVI~nmz1iidW-mpaQ89nY6xrgi9s1Sz4jJyn38Hwg04FTrmiqESIVVZp54TH3KPs3RsPZNxBh-GNhKfMXZIHKzA5H2QR4tu1McMYD1BWnaQjeUm2PAA5p7Ls0nsTs7ULxwRrMPzIbr7eUTWaMCY7kf1Li-uSLyQepg9RQWaXO0RpuF8gBZHe-ikKJhU4KNyRiKfcOtaleK9T9ZgG1k6DoDiTWmtVHr~moFmmTJOPDax17sZVn0JyVIK9pDi3qZVwiWMVwuz-Tj9Szsd4ETwTXsCVjEpb2tg3-xIQg__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-02-07T18:15:49Z","article","The House Judiciary Committee voted to approve draft 4.1 (a strike‑all amendment) to a bill criminalizing certain mistreatment of a deceased person’s body, consolidating and clarifying offenses and increasing penalties for aggravated conduct.

Ben Novogratzky, legislative counsel, told the committee the revised draft reorganizes prior language and narrowed the statute to require a specific intent element for certain conduct. Under the amended draft, subsection (b) would prohibit intentionally burying, transporting, hiding and concealing, burning, mutilating, disfiguring, dismembering or destroying “the dead body of a person” when done for the purpose of concealing a crime or avoiding apprehension, prosecution or conviction. Novogratzky said that conduct, with the specified intent, would be covered in the new felony provision even where separate public‑health statutes (for example those regulating burial permits) would not reach concealment for the purpose of avoiding prosecution.

Novogratzky said the bill establishes an aggravated‑conduct subdivision prohibiting sexualized or otherwise degrading conduct upon a dead body; those aggravated offenses are subject to an enhanced penalty of imprisonment of not more than 15 years, a fine up to $10,000, or both. Subsection (d) sets out definitions; Novogratzky said the draft uses the phrase “dead body of a person” to maintain consistency with Title 18 and relevant case law.

Committee discussion touched on the statute’s structure and the rationale for placing an enhanced penalty within the same statutory section rather than creating a separate standalone offense. Novogratzky explained that placing the enhancement as a subdivision is consistent with drafting practices and similar enhancements in other criminal statutes.

The committee approved the amendments to the bill as introduced and then approved draft 4.1 (the strike‑all amendment) as amended. The motion to approve draft 4.1 was seconded by a committee member identified in the record as Karen; the committee took a roll‑call vote and the motion passed.

Votes at a glance
• Motion: Approve draft 4.1 (strike‑all) as amended (H.41 as amended)
• Mover: motion called by Chair (not specified in transcript)
• Second: Karen (recorded as seconder)
• Outcome: approved
• Roll‑call (recorded “yes” votes in the transcript): Roland; Rudnow; Rose; Harvey; Allay; Oliver; Gratiot; Verdict; Allen; Evan Darrow; Stolen; Rosania Starvey; Lai; Rachel Sun; Christie
• Tally: Yes 15, No 0, Abstain 0

Implementation timing and other notes
Novogratzky said the bill’s effective date in the draft is July 1 (the counsel noted July 1 was the typical default for statute changes unless otherwise specified), and he said prosecutors had requested time after enactment to update charging documents. He also said that, where conduct overlaps with existing statutes (for example Title 18 or public‑health provisions governing burial permits), the new provision is intended to cover conduct involving the added mens rea (intent to conceal a crime) or the aggravated sexualized conduct described in the draft.

The committee did not record changes to the effective date during the meeting; staff counsel said more technical walk‑throughs would be available in materials posted to the committee’s website.

Why it matters: the amendment creates a felony‑level aggravated offense with a substantially higher maximum penalty (up to 15 years) for certain conduct upon or involving a human body when done to conceal a crime or in an aggravated sexualized or degrading manner. Committee members expressed sympathy for victims’ families during discussion and supported moving the bill forward.","mediaType","Video","parentTitle","House Judiciary - 2025-02-07 - 1:15 PM","oneSentenceSummary","The Judiciary Committee approved draft 4.1 (a strike‑all amendment) to create a felony offense for aggravated abuse of a dead body; the bill restructures conduct elements, raises the aggravated penalty to up to 15 years, and sets an effective date for charging and implementation.","taxTitle","Judiciary, HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont","taxId",35152,"location","Vermont","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6345654,"Committee reviews bill to add ‘affirmation’ option across Vermont statutes",3,0,3235,"/Search/View?dp=1&key=2248725-fed5aa7d9d48d3c26b38f4f6d94b2df8&start=0&end=3","https://assets.pipeline.soar.com/2248725-fed5aa7d9d48d3c26b38f4f6d94b2df8/thumbnail_0.jpg","/articles/6345654/Vermont/Committee-reviews-bill-to-add-affirmation-option-across-Vermont-statutes","https://secure.pipeline.soar.com/6345654-c35300561546329087185c1cfac30835/orig.mp4?Expires=1772819260&Signature=eo8Z7DpRaaZR1ztsAuVSNjvRhCYUgbHgZa9iFdXKLW7NkptZQ6nZMoT8noHeaN~~xpda4xDBpO6EEWj0IKwrw2EVXsYmq99j8P6b0RCPLPtfyBfmaWs0Teicft5HAWDRTDtjn2osz2JCCHQlp2DUu28rW1LSWeCPu7hns9PEQSooZ4j5Q2rN2~aa9mQcOu0gvuvwAx0ldNFV2kHo8ejYF-OG955mOnRbxqTJpDt9Mg6UPnP9t3LwxPl6LAB-XL8Kj2Abvydv1bsVcauUjQmVaVZJP5wiD5Gq9n0uAmcr37VJYDXg~t3ZHTgjEO9SfaUvODRFHlyuAaS73QPn-6tDyQ__&Key-Pair-Id=KUT5TJCACFTXG","The House Judiciary Committee on Feb. 7 heard from Janet Harvey of the Office of Legislative Council on H.28, a 66‑page draft bill that would expressly add “affirmation” as an alternative wherever statutes require an oath or swearing in Titles 1 through 10 of the Vermont Statutes Annotated.

Harvey, legislative counsel, told the committee the bill is intended to “add the affirmation option expressly” because, while an affirmation option is implied in some places by existing Title 1 language, it is not explicitly stated throughout the affected statutes. She said the draft covers about 103 statutory sections and is being presented in chunks rather than attempting to amend all affected statutory references in one omnibus change.

The bill would revise Title 1 provisions so that statutory language reads, for example, that “oath shall include affirmation in all cases and sworn shall include affirmed,” and would add “or affirmed” where appropriate elsewhere. Harvey said the draft also uses non‑gendered language, clarifies older ambiguous cross‑references, and makes minor technical edits for readability in line with legislative drafting conventions.

Harvey noted exceptions and limits: interstate compacts that require exact uniform language would not be changed, and the bill contains interpretive language directing that its technical amendments be supplemental to—rather than override—substantive changes made by other bills in the same biennium. She also said the committee could choose to take the bill in smaller pieces and that some sections flagged for substantive updating (for example, an archaic reference to a “tagliabused pyrometer”) were left for separate review rather than included in the present draft.

Committee members asked about practical effects and next steps. Harvey recommended the committee consider inviting representatives of the courts and the Secretary of State’s office as potential witnesses to identify unforeseen implementation issues: “You might want to hear from the courts … perhaps the Secretary of State’s office,” she said. Members also discussed floor amendment rules and whether substantive edits unrelated to affirmation would be considered germane when the bill reaches the floor.

Harvey said the committee will hold a deeper walkthrough of the 66‑page draft later (a Friday walkthrough was mentioned) and offered to answer questions offline.

Why it matters: the bill would make explicit an option that modernizes statutory language and can reduce confusion for people who prefer to affirm rather than swear. The change is technical in form but affects many statutory cross‑references; the committee discussed outreach to courts and executive offices to confirm the practical implications.

The committee did not take formal action on H.28 at this hearing and directed staff follow‑up and a more detailed review session.","Legislative counsel presented H.28, a 66‑page draft to add an affirmation option wherever an oath or sworn statement is required across Titles 1–10 of the Vermont Statutes Annotated; committee members discussed scope, limits (interstate compacts) and outreach to courts and the Secretary of State.","actionData","errors"]

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Committee approves amended draft that creates aggravated penalty for abuse of a dead body

Committee reviews bill to add ‘affirmation’ option across Vermont statutes