2021 -- H 5978

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LC002196

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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 -- ADJUDICATION OF TRAFFIC

OFFENSES

     

     Introduced By: Representatives Edwards, Solomon, Casimiro, Alzate, Newberry,
Baginski, and Potter

     Date Introduced: February 26, 2021

     Referred To: House Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled

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"Adjudication of Traffic Offenses" is hereby amended to read as follows:

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     31-41.1-6. Hearings.

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     (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter,

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shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court,

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where provided by law. The burden of proof shall be upon the state, city, or town and no charge

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may be established except by clear and convincing evidence. A verbatim recording shall be made

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of all proceedings. The chief magistrate of the traffic tribunal may prescribe, by rule or regulation,

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the procedures for the conduct of the hearings and for pre-hearing discovery.

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     (b) After due consideration of the evidence and arguments, the judge or magistrate shall

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determine whether the charges have been established, and appropriate findings of fact shall be made

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on the record. If the charges are not established, an order dismissing the charges shall be entered.

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If a determination is made that a charge has been established or if an answer admitting the charge

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has been received, an appropriate order shall be entered in the records of the traffic tribunal.

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     (c) An order entered after the receipt of an answer admitting the charge or where a

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determination is made that the charge has been established shall be civil in nature, and shall be

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treated as an adjudication that a violation has been committed. A judge or magistrate may include

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in the order the imposition of any penalty authorized by any provisions of this title for the violation,

 

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including, but not limited to, license suspension and/or in the case of a motorist under the age of

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twenty (20), community service, except that no penalty for it shall include imprisonment. A judge

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or magistrate may order the suspension or revocation of a license or of a registration in the name

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of the defendant in accordance with any provisions of this title which authorize the suspension or

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revocation of a license or of a registration, or may order the suspension of the license and the

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registration of the defendant for the willful failure to pay a fine previously imposed. In addition,

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after notice and opportunity to be heard, a judge or magistrate may order the suspension of the

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registration of the vehicle with which the violation was committed, if the defendant has willfully

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failed to pay a fine previously imposed.

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     (d) A judge or magistrate may, as authorized by law, order a motorist to attend a

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rehabilitative driving course operated under the jurisdiction of a college or university accredited by

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the state of Rhode Island, or the trained personnel of the department of revenue. An order to attend

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a course may also include a provision to pay reasonable tuition for the course to the institution in

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an amount not to exceed twenty-five dollars ($25.00). The order shall contain findings of fact.

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Failure to comply with an order of attendance may, after notice and hearing, result in the suspension

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or revocation of a person's license or registration.

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     (e) Unless a judge or magistrate shall determine determines that a substantial traffic safety

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hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, may

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delay for a period of not to exceed thirty (30) days the effective date of any suspension or revocation

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of a driver's license or vehicle registration imposed pursuant to this chapter. However, the

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regulations may provide for the immediate surrender of any item to be suspended or revoked and

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the issuance of appropriate temporary documentation to be used during the thirty (30) day period.

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Any order for immediate surrender of a driver's license or vehicle registration shall contain a

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statement of reasons for it.

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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 -- ADJUDICATION OF TRAFFIC

OFFENSES

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     This act would remove the twenty five dollar ($25.00) limit on tuition for a motorist to

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attend a driver education course, and would allow a judge or magistrate to delay the imposition of

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a suspension or revocation of a driver's license or registration for a period up to thirty (30) days.

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     This act would take effect upon passage.

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