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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION AND REVOCATION

OF LICENSES --VIOLATIONS

     

     Introduced By: Representatives Solomon, Shanley, McEntee, Messier, and Felix

     Date Introduced: May 12, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-11-18 of the General Laws in Chapter 31-11 entitled "Suspension

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or Revocation of Licenses - Violations" is hereby amended to read as follows:

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     31-11-18. Driving after denial, suspension, or revocation of license.

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      (a) Any person who drives a motor vehicle on any highway of this state who never applied

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for a license, or who drives after his or her application for a license has been refused, or after his

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or her license has expired, or who otherwise drives without a license, or at a time when his or her

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license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in

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§ 31-11-18.1, may be guilty of a misdemeanor shall be subject to penalties and sanctions set forth

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in this section.

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      (b) Upon a first violation under this section, a civil penalty of not less than two hundred

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fifty dollars ($250), nor more than five hundred dollars ($500), more than one hundred fifty dollars

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($150) shall be imposed. For the second violation, a civil penalty of not less than three hundred

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fifty dollars ($350), nor more than five hundred dollars ($500), may more than two hundred fifty

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dollars ($250) shall be imposed. For a third violation, a civil penalty of not more than three hundred

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fifty dollars ($350) shall be imposed. All violations under this subsection shall be heard in the

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traffic tribunal.

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      (c) Any person convicted of a third fourth or a subsequent violation of subsection (a) shall

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be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a

 

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term not exceeding ninety (90) days, one year, fined not less than five hundred dollars ($500) nor

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more than one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend

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the person's license for a period not to exceed ninety (90) days one year. All violations under this

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subsection shall be heard in the district court.

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      (d) Notwithstanding the any other provisions provision of subsection (a) this section, any

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person driving after his or her license has expired shall be issued a summons to appear in district

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court the traffic tribunal not fewer than ten (10) days after the issuance of the summons, and shall

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not be taken into custody based solely on this charge absent a warrant. Any person who shall cause

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his or her expired license to be reinstated by the division of motor vehicles within ten (10) days

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after issuance of the summons may present proof of reinstatement at the headquarters of the

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charging police department. Presentation of proof of reinstatement within ten (10) days after the

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issuance of the summons shall cause the summons to be voided and shall otherwise constitute a

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complete defense to the charge of driving after expiration of license and a bar to prosecution for

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that charge. Any convictions under subsection (c) shall be expunged pursuant to the provisions of

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chapter 1.3 of title 12. For the purposes of this subsection, each of the several state police barracks

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shall be considered as a separate police headquarters.

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     SECTION 2. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic

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Tribunal" is hereby amended to read as follows:

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     8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations.

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     (a) There is hereby established a traffic tribunal which shall be charged with the

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administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall

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be under the supervision of the chief magistrate of the traffic tribunal, who shall be the

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administrative head of the traffic tribunal and shall have the power to make rules for regulating

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practice, procedure and business within the traffic tribunal. Pursuant to § 8-6-2, said rules shall be

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subject to the approval of the supreme court. Such rules, when effective, shall supersede any

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statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode

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Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

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tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent

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of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing

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contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or

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more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief

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magistrate shall be equal to that of an associate judge of the district court.

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     (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

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provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

 

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assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

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chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

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and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

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tribunal and the administrative judge or magistrate shall perform such administrative duties as may

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be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative

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judge or magistrate shall hold said administrative position for the remainder of his or her respective

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term as a judge or magistrate of the traffic tribunal.

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     (c)(1) Those judges of the administrative adjudication court in active service on July 1,

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1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

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in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7) eight (8), the

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chief justice of the supreme court, with the advice and consent of the senate, may, as needed, assign

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a duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall

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submit his or her name to the senate for confirmation. In the event of a vacancy in the position of

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chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with

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subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten (10)

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years and until a successor is appointed and qualified, and shall be in the unclassified service of the

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state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one

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such term, subject to the advice and consent of the senate. Compensation for any such magistrate

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shall in no event be equal to or more than that of an associate judge of the district court. Magistrates

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of the traffic tribunal shall participate in the state retirement system in the same manner as all

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members of the unclassified service.

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     (2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available through

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death, disability or any other reason, the position shall be filled by a magistrate consistent with the

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provisions of this section.

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     (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

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judicial duties, except as may be otherwise provided by law. He or she shall not practice law while

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holding office, nor shall he or she be a partner or associate of any person in the practice of law.

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     (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

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Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court

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of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance

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with chapter 16 of this title; and to the administrative authority and control of the chief justice of

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the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1

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shall not apply to judges of the traffic tribunal.

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     (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

 

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and devices as it shall adopt.

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     (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

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and affirmations.

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     (h) Administrative/supervisory officials.

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     (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who

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shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such

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clerical and administrative duties as may be assigned to him or her by the chief magistrate of the

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traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the

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administrative judge or magistrate shall have the power to administer oaths and affirmations within

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the state.

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     (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the

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pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1,

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1999, the first clerk of the traffic tribunal shall be that person holding the position of

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administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall

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hold office for the balance of a term of twelve (12) years which began on September 1, 1992,

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without the necessity of appointment by the governor or advice and consent of the senate. The clerk

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of the traffic tribunal shall exercise his or her functions under the direction and control of the chief

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magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal.

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The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within

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the state.

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     (i) Clerical Personnel/Court Recorders.

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     (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance

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clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths

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and affirmations within the state.

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     (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

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enable all proceedings to be recorded by electronic means and who shall assist in such other clerical

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duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal.

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     (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

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addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

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     SECTION 3. This act shall take effect on January 1, 2023.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION AND REVOCATION

OF LICENSES --VIOLATIONS

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     This act would reduce the civil penalty for the first and second offenses for driving without

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a license or driving with a suspended license, and would make a third violation a civil offense and

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a fourth offense a misdemeanor punishable by a fine. It would also increase a license suspension

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for a fourth or subsequent offense to up to a year. Jurisdiction for civil offenses would be in the

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traffic tribunal and for criminal offenses jurisdiction would be in district court. This act would also

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add an additional traffic tribunal magistrate.

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     This act would take effect on January 1, 2023.

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