 Good morning and welcome to Vermont House Judiciary Committee and we are now considering an amendment to H 183 draft 2.1 and we have attorney Michelle Childs to review the amendment with us. Thank you, Michelle. We're doing a freeze game again. Reason again. Can you give me permission. Can you see my back. You are sorry. Great, it's freezing up and I can't blame my kids this time so. Okay, can you see the draft. Yes. Okay, great. So, so we're working off of draft 2.1 representative Colburn's amendment. And so I because I want you to have a nice clean copy and you've seen this just point out what the what the changes are. So if you look at the definition of incapable of consenting and 10 be you'll see that I added the word resisting so means the person is physically incapable of resisting declining participation in or communicating unwillingness to engage in the conduct at issue. So the reason why we added resisting air is because on the second instance of a meant. So the based on conversation. This is yesterday. The committee decided to eliminate the word mentally. Online for so. So that qualifier of capable of consenting. And so I recommend nation to you that you. Don't have just a kind of a general catch all there and then physically next, but that you and then Martin pointed out that physical capability to resist might get left out unintentionally and so that's why I put the resisting in 10 be and then deleted subdivision 6b and 34 so that's out so now is an a you have a general call is that the person new or reasonably known that the other person was consenting to the sexual act or sexual activity is conduct. And then you go to what will now be what what is currently see will now be subdivision be so newer recently should have known that the other person was unaware that the sexual act or L and L conduct was being committed, or, and then what you have now is the new C is the that the person knew recently should have known that the person was incapable of consenting because of intoxication. The only changes more than just. It's more than just intoxication though right. Well, it's this subdivision 6d relates to person was substantially impaired by alcohol drugs or other intoxicants I just use the term intoxication, meaning that they're under the influence of drugs or alcohol. So intoxication takes cover shrubs. Yeah, well I just use the term intoxication if you look at the language on line 16 and 17 to say the person was substantially impaired by alcohol drugs or other intoxicants. Okay, okay. Thank you. Thank you Michelle any. Any other questions. Okay. Great. Yes. Um, so the, the version that we're looking at is the 2.1. Dated 338 p.m. Michelle. Yes. Yes, that is the version. Okay, I just wanted to, to make. Real sure because I needed to share it with someone and I wanted to make sure that they had the most accurate information. Okay. Yes. And when I see your is up, but I'm going to assume it was from great. Thank you. Okay. No, no, no, it was up. I'm not verdict. So, So, can I talk. Absolutely. So, um, are we going to go back and cover ourselves with some of these previous witnesses that we had dealing with us. You mean take more testimony in this particular amendment. So I guess that's a word, but just make sure they're okay with this testimony with this, with this amendment. I personally think they are because we, this is what we came to yesterday and we did receive testimony. This is, this is a product of the testimony that we received yesterday from our witnesses. We did send it to all of those witnesses yesterday around four o'clock so I would anticipate that if they had a concern about it, they would have contacted us or he got a copy of it. He's probably my main concern. He did. Yeah. Okay, thanks Michelle. Sure. Thank you. Okay. That's seeing any other questions. So I would, um, and we can do this by show of hands. I would entertain a motion to approve. Find friendly draft 2.1. Amendment of 183. Motion. Find the amendment favorable. Okay. Second. So by show of hands all those in favor. All those opposed. So I'm seeing Ken and coach on your voting. Okay. Coaching voting in opposition of the amendment. I don't like that the hand function on this device is not as friendly as it is on some. I voted in favor of the amendment. Wonderful. Okay. Great. Thank you. So thank you very much, everybody. So there you go Selena. And thank you Michelle and Michelle at some point I'd like to discuss with you my email yesterday. Last night the follow up to the amendment just get your thoughts on that. So. Okay. Great. So 11 o'clock, the two of you go to appropriations, right? Well, thank you. Good. Good luck. Yep. And, and Maxine just reach out to me whenever it's convenient for you to chat I'm happy to chat. I think my phone will be better, you know, like, easier. Okay. All right. So that's good. Thanks. Okay. Thank you.