§ 8007. Authorization required for mandatory sanction; ambiguity
(a) A mandatory sanction may be imposed only by statute or ordinance or by a rule adopted in the manner provided in 3 V.S.A. §§ 836-844. A law or rule shall impose unambiguously a collateral consequence in order for a court to impose a collateral consequence.
(b) A law creating a collateral consequence that is ambiguous as to whether it imposes an automatic mandatory sanction or whether it authorizes a decision-maker to disqualify a person based upon his or her conviction shall be construed as authorizing a discretionary disqualification. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
Structure Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 231 - Uniform Collateral Consequences of Conviction
§ 8004. Identification, collection, and publication of laws regarding collateral consequences
§ 8005. Notice of collateral consequences and eligibility for expungement in pretrial proceeding
§ 8006. Notice of collateral consequences and eligibility for expungement upon release
§ 8007. Authorization required for mandatory sanction; ambiguity
§ 8008. Decision to disqualify
§ 8009. Effect of conviction by another state or the United States; relieved or pardoned conviction
§ 8010. Order of limited relief
§ 8011. Certificate of restoration of rights
§ 8014. Reliance on order or certificate as evidence of due care