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House adopts Judiciary Committee amendment to H.409 to fix bail‑cap language, create prosecutor appeal for bail revocation

January 10, 2026 | HOUSE OF REPRESENTATIVES, Committees, Legislative , Vermont


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House adopts Judiciary Committee amendment to H.409 to fix bail‑cap language, create prosecutor appeal for bail revocation
Representative Goodnow, speaking for the House Judiciary Committee, presented the committee’s strike‑all amendment to H.409 and summarized its two main purposes.

Goodnow said the bill makes a technical fix to the bail statute so that misdemeanors the Legislature now lists as ‘sealable’ (rather than ‘expungable’) continue to have a $200 bail cap. “We neglected to change the corresponding language in the bail statute and this technical correction ensures that bail cap continues to apply to these now sealable misdemeanors and avoids confusion in the judiciary,” he said.

The second change creates a clearer path for prosecutors to appeal a denied motion for bail revocation. Goodnow described the addition to the statute—creating a new subsection that mirrors procedures already available for other appeals—so that when a judge denies a state motion to revoke bail the state can seek relief in a higher court.

He summarized committee input and witnesses heard in committee: team lead and counsel from the Office of Legislative Counsel, general counsel from the Department of Public Safety, the legislative attorney for the Department of State's Attorneys and Sheriffs, the supervising attorney of the appellate division from the Office of the Defender General, and the chief superior judge from the Vermont Judiciary. Goodnow said those witnesses were generally in favor of the changes in H.409. The committee reported a vote of 10–1–0.

The chair called a voice vote on the committee’s recommendation; the ayes were recorded, the amendment was adopted and third reading was ordered.

What happens next: H.409 advances to third reading on the House floor. The bill’s text as presented included amendments to 13 V.S.A. provisions addressing bail and created a statutory appeals pathway for prosecutors when bail revocation motions are denied.

Sources and provenance: Floor reading and committee remarks on H.409.

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