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Senate adopts H563 conference report, lowers mens rea and removes jail time for a lesser motor‑vehicle offense
Summary
The Senate accepted the committee of conference report on H563, creating a lesser offense for unauthorized operation with a 'should have known' standard and removing jail time for that offense while retaining a higher 'knowingly' offense with increased penalties.
The Vermont Senate accepted and adopted the committee of conference report on H563, which revises criminal motor vehicle offenses involving unlawful trespass, theft or unauthorized operation.
Senator from Wyndham described the conference changes: the House had added a lesser offense for operating a motor vehicle without the owner's consent carrying a reckless standard with three months' jail and a $500 fine. The conference committee replaced that recklessness standard with a "should have known" standard and removed jail time for the lesser offense, leaving a $500 fine as the criminal penalty. The higher offense—where a person "knowingly" operates a vehicle without consent—remains a separate offense carrying up to a $1,000 fine and up to two years in prison.
The senator gave examples to distinguish the standards: borrowing a vehicle with implied permission but returning it late could meet the "should have known" threshold, while knowingly stealing a car remains the more serious offense. The Senate adopted the committee report by voice vote.
The change narrows mens rea and eliminates jail for the lower tier while keeping more serious sanctions in place for intentional theft or unauthorized operation.
