Signed by Governor Phil Scott

Vote Smart's Synopsis:

Vote to pass a bill that establishes judicial response standards during the COVID-19 coronavirus outbreak.

Highlights:

• Defines “emergency period” to mean the period beginning with the Governor’s declaration of a state of emergency on March 13, 2020 arising from COVID-19 and ending 30 days after the Governor terminates the state of emergency declaration (Sec. 1).

• Specifies that for the duration of the emergency period, the witness to a power of attorney signed shall be considered to be in the presence of the principal author whether or not the witness is physically present with the principal author or notary (Sec. 2).

• Specifies that a defendant shall be deemed present in court if the following occurs, including (Sec. 4):

• After having the opportunity to consult with counsel in person, telephonically, or via audio or video conference, the defendant makes an on-the-record waiver of the right to be physically present in court at the time of the proceeding; and

• The defendant’s appearance at the proceeding is made by means of a contemporaneous video or audio conference transmission.

• Establishes that due to the COVID-19 public health emergency a Administrative Order No. 49, Declaration of Judicial Emergency and Changes to Court Procedures was issued to postpone all nonemergency Superior Court and Judicial Bureau hearings (Sec. 5).

• Requires that as a result the General Assembly shall temporarily suspend and extend the time frames by which certain court proceedings that are statutorily required to take place for release review to be within 7 and 14 days following the application (Sec. 5).

• Specifies that for the duration of Administrative Order 49 and 120 days after its termination, all statutory time frames for issuing orders to seal or expunge criminal history records are suspended (Sec. 5).

• Specifies that all statute of limitations or statutes of response for commencing a civil action in the state that would otherwise expire during the duration of the emergency declared by the Governor in response to the spread of COVID-19 are tolled until 60 days after the Governor terminates the state of emergency declaration (Sec. 6).

• Establishes that this act shall take effect immediately upon its passage (Sec. 8).

Full Bill Text