2021 -- H 5377

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LC000914

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Alzate, Felix, Batista, Williams, Biah, Morales, and
Giraldo

     Date Introduced: February 05, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is

hereby amended by adding thereto the following section:

     31-27-24.1. Probationary licenses.

     (a) Notwithstanding any other provisions of this chapter, any person who has had their

motor vehicle operator’s license suspended or revoked for violations of this chapter, or has been

declared a habitual offender of the motor vehicle laws, shall be entitled to apply to the district court

for a probationary license entitling them to drive for the enumerated purposes outlined in this

section.

     (b) No person who has been convicted of offenses in §§ 31-27-1 through 31-27-2.7 shall

be eligible for probationary licenses authorized under this section. This prohibition shall not affect

the provisions afforded these offenders under § 31-27-2.8.

     (c) Any person who applies for a probationary license under this section shall provide proof

that they have completed a defensive driving course as mandated by and made a condition of any

penalties imposed; have completed any alcohol or substance abuse classes as ordered, if any, by

the sentencing judge; have submitted a sworn affidavit that they do not excessively use alcohol or

illegally use controlled substances; and have provided proof of liability insurance for any motor

vehicle owned, used or intended to be used during the term of the probationary license.

     (d) The district court (the "court") may issue a probationary license to those persons who

have had their operator’s license suspended or revoked only upon a finding that the suspension or

revocation would cause an extreme hardship to the applicant. For purposes of this section, extreme

hardship means that the person would be prohibited from:

     (1) Going to their place of employment, usual place of occupation or performing the normal

duties of their occupation;

     (2) Receiving scheduled medical care or obtaining prescription drugs;

     (3) Attending college, graduate school or any other school at which they are regularly

enrolled as a student;

     (4) Attending regularly scheduled sessions or meetings of support groups, counseling

sessions, therapy sessions or other meetings with organizations that the court recognizes as

legitimate groups; or

     (5) Attending under court order, any driver education classes.

     (e) A probationary operator’s license shall be endorsed with such conditions and

restrictions as the court deems necessary to ensure that such license will be used only to avoid

conditions of extreme hardship. Such conditions and limitations may include the following:

     (1) Specific places between which the licensee may be allowed to operate a motor vehicle;

     (2) Routes to be followed to work, school, medical care provider(s), counselor or any other

destination permitted by the court;

     (3) Times of travel;

     (4) The specific vehicles that the licensee may operate; or

     (5) Such other restrictions as the court may require.

     (f) A probationary license, if approved by the court, shall be issued for a period not to

exceed three (3) years.

     (g) Any person who violates the conditions of their probationary license shall have the

probationary license suspended immediately. Upon suspension, the court shall schedule a hearing

to determine whether said probationary license shall be revoked for the period originally ordered

by the court.

     (h) Any person who violates the conditions of their probationary license shall be guilty of

a misdemeanor and shall be sentenced for a period of up to one year imprisonment and/or a fine of

up to one thousand dollar ($1000).

     (i) Application for a probationary license shall be made upon such forms as the court may

prescribe and shall be signed by the applicant before a person authorized to administer oaths.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

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     This act would permit the district court to issue probationary operator’s licenses to those

persons who have had their licenses suspended, under certain conditions and for reasons of extreme

hardship. Those persons convicted of alcoholic related offenses or those whose violations involved

injury or death to any other person would not be eligible for such probationary licenses.

     This act would take effect upon passage.

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