An act relating to unlawful trespass in a motor vehicle and unauthorized operation of a motor vehicle without the owner's consent

A new subsection (b) was added to 13 V.S.A. section 2501 (Grand Larceny) creating a five-year felony for attempted auto theft, punishable by up to five years imprisonment or a $2,500 fine, or both. This is the primary new provision of the bill.

The bill title and scope were broadened from 'unlawful trespass in a motor vehicle and unauthorized operation' to 'criminal motor vehicle offenses involving unlawful trespass, theft, or unauthorized operation,' reflecting the addition of the attempted auto theft provision.

Section 3705(c) on motor vehicle trespass was changed from requiring that the person 'knows' they lack authority to enter, to 'knows or should know.' This lowers the mental state threshold from actual knowledge to constructive knowledge, making it easier to prosecute.

Section 1094(c) penalty for operation without consent under subdivision (a)(1) was increased from a fine of up to $500 only, to imprisonment of up to three months or a fine of up to $500, or both. This adds a possible jail term for the lesser offense.

Standard legislative header information was added, including sponsor representatives (Burditt, Goslant, Oliver), committee referral, subject line, and a statement of purpose describing the bill as establishing a five-year felony for attempted auto theft.

The effective date section (July 1, 2024) was repositioned to appear as Section 2 near the top of the official version rather than as the final section (Section 4) in the unofficial version. The full bill text then follows with its own complete section numbering.

The title line appears duplicated in the official version, showing both 'An act relating to attempted auto theft' and 'An act relating to criminal motor vehicle offenses involving unlawful trespass, theft, or unauthorized operation,' likely reflecting the original and amended titles.

The entire provision creating a five-year felony for attempted auto theft (amending 13 V.S.A. section 2501) was removed. This was the bill's stated purpose as introduced.

The bill title changed from 'An act relating to attempted auto theft' to 'An act relating to unlawful trespass in a motor vehicle and unauthorized operation of a motor vehicle without the owner's consent,' reflecting the removal of the felony provision.

In 13 V.S.A. section 3705(c), the mental state requirement for entering another person's motor vehicle changed from 'knows or should know' to 'knows,' eliminating the negligence-based standard and requiring actual knowledge that one lacked consent.

In 23 V.S.A. section 1094(c), the penalty for a first-time conviction under subsection (a)(1) (unauthorized operation without intent to permanently deprive) was reduced from up to three months imprisonment or a $500 fine to a $500 fine only, removing the jail option entirely.

The bill title changed from 'An act relating to attempted auto theft' to 'An act relating to criminal motor vehicle offenses involving unlawful trespass, theft, or unauthorized operation,' reflecting a much broader scope.

New Section 2 amends 13 V.S.A. 3705 (Unlawful Trespass) to add subsection (c): entering another person's motor vehicle without consent is punishable by up to 3 months or $500 for a first offense, and up to 1 year or $500 for a second or subsequent offense. No notice against trespass is required for this offense.

New Section 2 adds subsection (d) to the unlawful trespass statute: entering a non-residential building with normally locked access, or a residence in violation of a court order, is punishable by up to 1 year or $500.

New Section 3 amends 23 V.S.A. 1094 (Operation Without Consent of Owner) to create two tiers: subsection (a)(1) for when a person should have known they lacked consent (up to 3 months or $500), and subsection (a)(2) for knowingly operating without consent (up to 2 years or $1,000).

New Section 2 adds a definition of 'abandoned property' in the unlawful trespass statute, covering real property with a vacant structure unoccupied for 60 days where taxes are delinquent 6+ months or utilities are disconnected, and railroad cars unmoved and unoccupied for 60 days.

The existing unlawful trespass subsections were relettered: old (d) became (e) and old (e) became (f) to accommodate the new subsections.