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Senate advances bill to criminalize unauthorized entry into motor vehicles

Senate · April 12, 2024
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Summary

The Senate advanced H.563 to create a new subsection in the criminal trespass law making knowingly entering another person’s motor vehicle without consent punishable by up to three months in jail or a $500 fine; the sponsor framed the change as closing a long‑standing privacy loophole.

Senator from Wyndham presented H.563 on second reading, saying the bill would amend the criminal trespass statute to make knowingly entering another person’s motor vehicle without consent a punishable offense.

"The interior of a person's motor vehicle holds an expectation of privacy and rightfully so," the senator said, arguing the measure would close what they described as a loophole that currently leaves vehicle occupants vulnerable when strangers go through their belongings.

Under the text described on the floor, the amendment would add a new subsection to 13 V.S.A. § 3705. For a first offense the senator said the penalty would be up to three months in jail, a fine not to exceed $500, or both, with enhanced consequences for subsequent violations. The sponsor explained the bill uses a "knowingly" standard—requiring prosecutors to show someone knew they lacked legal authority or consent to enter a vehicle—and said that standard would require law‑enforcement investigation and proof beyond a reasonable doubt before charges could proceed.

The senator addressed an "honest mistake" scenario—such as a person trying to enter an identical car they reasonably believed was theirs—saying the knowingly standard is intended to exclude such mistakes. The sponsor told colleagues the committee heard from multiple witnesses, including a deputy state's attorney from Windham County, representatives of state's attorneys and sheriffs, legislative counsel, the chief of the South Burlington Police Department, a lieutenant from the Brattleboro Police Department, the chief superior judge, and the defender general's office.

The committee report was adopted and the Senate ordered third reading of H.563. The sponsor asked for support but no floor vote on final passage was recorded in the transcript.

Next steps: The bill was ordered to third reading; any further amendments or a final floor vote would occur in a subsequent sitting.