Tag Archives: Vermont Senate Judiciary Committee

An Excuse I Never Want to Hear Again

Congratulations to the Senate Judiciary Committee for moving quickly on H.225, the “bupe bill,” decriminalizing possession of small amounts of the opioid that’s used as an alternative to more dangerous drugs. Friday morning’s 5-0 vote was not a surprise; last Friday the committee took a straw poll and came up with the same unanimous count. The bill now heads to the full Senate, where it’s certain to win approval by a landslide.

It was only a couple weeks ago that Senate leadership was signaling a slow play on H.225. The bill had been consigned to the Rules Committee, a place where inconvenient bills go to die. Senate President Pro Tem Becca Balint issued a statement that threw some cold water on the bill:

We did not want to vote it out of Rules until we had a sense of how long testimony and due diligence would take. …The Chairs want to be certain that this bill will [address the opioid crisis].

Well, they got convinced in a hurry, and after very little testimony. Friday’s action came a couple days after the Senate Finance Committee’s forced march to craft a universal broadband bill — something that would usually take weeks, and would often be kicked down to the following year’s session. But legislative leadership was dead set on enacting a broadband bill this year, and now they’re on track to accomplish that ambitious task.

The broadband action followed Judiciary’s approval of H.128, the ban on the “gay panic” defense. That saga ended quickly and quietly, but only after committee members repeatedly made fools of themselves in trying to shoot down the bill.

So they’ve proven, over and over again, that they can meet an imminent deadline when properly motivated. Any seemingly insurmountable obstacle can be overcome. And now, you know what I never want to hear again? Leadership saying they can’t possibly act on an issue because there just isn’t enough time.

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Welp, Looks Like I Closed Out the Veepies a Bit Too Soon

Break out the tiny violins for Senate Judiciary Committee chair Dick Sears, who’s just getting run ragged because the House has passsed sooooo many law and justice related bills.

After just a few minutes of discussion around the best language to use to redefine consent in Vermont, Sen. Dick Sears, D-Bennington, trailed off mid-sentence, “to be honest with you, I’m fried,” he said.

My first reaction was “Aww, poor baby.” But given the quality of Judiciary’s work lately, it might be best if they simply shut down for the year. The panel’s recent actions have made them worthy of The Kids in the Hall Award for Best Ensemble Performance in a Comedy Series.

Sears’ comment was reported by VTDigger’s Ellie French on Friday evening, shortly after I’d closed the books on the first ever Veepie Awards for Outstanding Stupidity on Public Display. The context was Judiciary’s struggles over H.183, which would enact several steps aimed at better enforcement of sexual violence.

The bill is such a tough nut to crack that the committee is threatening to basically gut it. Sen. Phil Baruth complained that “It’s not unusual for the House to put us in a position where we get things that are controversial or tough to deal with.”

Yeah, it was so controversial that it passed the House on a voice vote. Sheesh.

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It Shouldn’t Have Been This Hard

At the end of it all, the final vote was a formality.

On Thursday morning, the Senate Judiciary Committee held a very brief session on H.128, the bill that would ban the so-called “gay panic” defense in criminal trials. You know, the bill that passed the House 144 to one?

After many hearings full of farfetched hypotheticals and occasional racist-adjacent argumentation, the committee voted unanimously to send the bill to the Senate floor.

So, a victory that shouldn’t have been so difficult to achieve. But in Senate committees with five members, one or two can really gum up the works.

The Thursday hearing was brief. There were two votes. The first was on an amendment to H.128 that would bar the defense at all phases of a criminal proceeding. The unamended version applied the ban only to the trial phase, still allowing for use of the defense at sentencing.

The amendment passed on a 3-2 vote, Sens. Joe Benning and Jeanette White voting “no.” Then the committee held a vote on the bill as amended, and that vote was unanimous.

The bill will almost certainly clear the full Senate with no trouble. But the committee dragged this out in a way that was hurtful to many. (Likely including Senate President Pro Tem Becca Balint, a member of the affected community.)

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