2022 -- S 2362

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LC004194

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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 -- SNOWMOBILES AND

RECREATIONAL VEHICLES

     

     Introduced By: Senators Zurier, Ciccone, Quezada, and F Lombardi

     Date Introduced: February 15, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-3.2 of the General Laws entitled "Snowmobiles and Recreational

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Vehicles" is hereby amended by adding thereto the following section:

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     31-3.2-12. Unlawful operation of recreational vehicles on local highways -- Criminal

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penalties.

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     (a) It shall be unlawful for any person to drive or operate any unregistered motorcycle, off-

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road motorcycle, dirt bike motorcycle, mini-bike, motor driven scooter or cycle subject to

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registration pursuant to title 31 or recreational vehicle, as defined in § 31-3.2-1, on any public or

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local highway, as defined in § 31-1-23, unless specifically permitted pursuant to § 31-3.2-7(a)(4)

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or by ordinance, or unless exempted as a permitted crossing pursuant to § 31-3.2-7(a)(2).

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     (b) It shall be unlawful for any person to drive or operate any vehicle listed in subsection

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(a) on public or local highways in violation of any traffic laws, including, but not limited to,

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offenses listed in § 31-27.1-3.

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     (c) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor,

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and for a first offense, be punished by a fine of not more than five hundred dollars ($500),

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imprisonment for not more than thirty (30) days, or both; for a second offense, be punished by a

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fine of not more than seven hundred and fifty dollars ($750), imprisonment for not more than sixty

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(60) days, or both; for a third offense and any subsequent offense, be punished by a fine of not

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more than one thousand dollars ($1,000), imprisonment for not more than ninety (90) days, or both.

 

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     (d) Any person who violates subsection (b) of this section shall be guilty of a misdemeanor;

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and for a first offense, be punished by a fine of not more than eight hundred dollars ($800),

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imprisonment for not more than sixty (60) days, or both; for a second offense, be punished by a

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fine of not more than nine hundred dollars ($900), imprisonment for not more than one hundred

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twenty (120) days, or both; for a third and any subsequent offense, be punished by a fine of not

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more than one thousand dollars ($1,000), imprisonment for not more than one hundred and eighty

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(180) days, or both.

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     (e) In addition to the penalties provided pursuant to subsections (c) and (d) of this section

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the operators of vehicles being operated in violation of subsection (a) of this section may not travel

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in formation in violation of § 31-15-12.

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     Any person who violates this subsection while travelling:

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     (1) In a group of two (2) to four (4) vehicles in violation of subsection (a) of this section

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shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars

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($500), imprisonment for not more than thirty (30) days, or both;

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     (2) In a group of five (5) to ten (10) vehicles in violation of subsection (a) of this section

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shall be guilty of a misdemeanor and punished by a fine of not more than seven hundred fifty dollars

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($750), imprisonment for not more than sixty (60) days, or both; and

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     (3) In a group of more than ten (10) vehicles shall be guilty of a misdemeanor and punished

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by a fine of not more than one thousand dollars ($1,000) and imprisonment for not more than ninety

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(90) days, or both.

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     (f) Enforcement.

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     (1) All local jurisdictions and the department of attorney general shall have the authority

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to enforce the provisions of this section and to promulgate rules and regulations necessary to

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implement and enforce this section.

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     (2) Law enforcement shall have the authority to impound any vehicle operated in violation

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of subsection (a) of this section operated on a public or local highway.

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     (3) No impounded vehicle listed in subsection (a) of this section shall be released until final

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disposition of all criminal and/or civil charges relating to the operation or storage of any said

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vehicles, nor until proof of ownership and proper registration, according to state statute, is verified

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and applicable towing and storage charges are paid. Additionally, the city solicitor or attorney

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general shall have the authority to commence forfeiture proceedings, as described in subsection (g)

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of this section.

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     (g) In addition to the penalties in subsections (c), (d) and (e) of this section, the following

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forfeiture provision shall apply:

 

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     (a)(1) Any motor vehicle including, but not limited to, cars, trucks, vessels, or motorcycles,

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Any vehicles enumerated in subsection (a) of this section, which has have been or is are being used

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in violation of § 31-27-4.1 this section, may be seized and upon conviction forfeited; provided, that

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no motor vehicle as enumerated in this section used by any person shall be forfeited under the

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provisions of this chapter unless it shall appear that the owner of the vehicle had knowledge, actual

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or constructive, and was a consenting party to the alleged illegal act.

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     (a)(2) Any criminal complaint, information, or indictment charging or violation of traffic

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laws, including, but not limited to, a violation of § 31-27-4.1 this section shall set forth with

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reasonable particularity the motor vehicle that the attorney general or local law enforcement seeks

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to forfeit pursuant to this section.

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     (b) (1)(3)(i) The court may, upon application of the attorney general or local solicitor, enter

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a restraining order or injunction, require any person claiming any interest in the subject vehicle to

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execute a satisfactory performance bond to the state, or take any other action to preserve the

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availability of the vehicle subject to forfeiture described in § 31-27-4.3 this section, whether prior

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or subsequent to the filing of a complaint, indictment, or information.

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     (2)(ii) Written notice and an opportunity for a hearing shall be afforded to persons

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appearing to have an interest in the vehicle, the hearing, however, to be limited to the issues of

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whether:

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     (i)(A) There is a substantial probability that the state or local jurisdiction will prevail on

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the issue of forfeiture and that failure to enter the order will result in the vehicle being destroyed,

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conveyed, encumbered or further encumbered, removed from the jurisdiction of the court,

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depreciated in value or otherwise made unavailable for forfeiture; and

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     (ii)(B) The need to preserve the availability of the vehicle through the entry of the requested

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order outweighs the hardship on any party against whom the order is to be entered.

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     (c) (1)(4)(i) A temporary restraining order under this section may be entered upon

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application of the attorney general or local solicitor without notice or opportunity for a hearing

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when a complaint, information, or indictment has not yet been filed with respect to the vehicle if

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the attorney general or local jurisdiction demonstrates that there is probable cause to believe that

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the vehicle with respect to which the order is sought would, in the event of conviction, be subject

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to forfeiture under § 31-27-4.3 and this section and that provision of notice will jeopardize the

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availability of the vehicle for forfeiture. The temporary restraining order shall expire within ten

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(10) days of the date on which it is entered unless extended for good cause shown or unless the

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party against whom it is entered consents to an extension for a longer period.

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     (2)(ii) A hearing requested by any party in interest concerning an order entered under this

 

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subsection shall be held at the earliest possible time and prior to the expiration of the temporary

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order.

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     (3)(iii) The court may receive and consider, at the hearing held pursuant to this subsection,

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evidence and information that would be inadmissible in court.

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     (d)(5) Upon conviction of a person for the covered offense, the court may enter a judgment

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of forfeiture of the vehicle described in § 31-27-4.1 this section to the state or local jurisdiction and

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may also authorize the attorney general or local solicitor to seize the motor vehicle ordered forfeited

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upon any terms and conditions that the court shall deem proper. Following the entry of an order

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declaring the vehicle forfeited, the court may, upon application of the attorney general or local

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solicitor:

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     (1)(i) Enter appropriate restraining orders or injunctions;

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     (2)(ii) Require the execution of satisfactory performance bonds, appoint receivers,

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conservators, appraisers, accountants, or trustees; or

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     (3)(iii) Take any other action to protect the interest of the state or local jurisdiction in the

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property ordered forfeited.

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     (e)(6) All right, title, and interest in the vehicle described in § 31-27-4.1 this section vests

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in the state or local jurisdiction upon the commission of the act giving rise to forfeiture under this

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chapter. Any such vehicle that is subsequently transferred to any person may be the subject of a

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special verdict of forfeiture and shall be ordered forfeited to the state or local jurisdiction, unless

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the transferee establishes in a hearing pursuant to subsection (f) (7) of this section that he or she is

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a bona fide purchaser for value of the vehicle who at the time of purchase was reasonably without

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cause to believe that the vehicle was subject to forfeiture.

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     (f)(7) Procedures subsequent to the special verdict of forfeiture shall be as follows:

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     (1)(i) Following the entry of an order of forfeiture under this section, the state or local

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jurisdiction shall publish notice of the order and of its intent to dispose of the vehicle once per week

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for at least three (3) weeks in any manner that the attorney general or local solicitor may provide

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by regulation. The attorney general or local solicitor shall also, to the extent practicable, provide

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written notice to all parties known to have an interest in the vehicle and all parties whose identity

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is reasonably subject to discovery and who may have an interest in the forfeited vehicle.

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     (2)(ii) Any person, other than the defendant, asserting any interest in the vehicle that has

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been ordered forfeited to the state or local jurisdiction pursuant to this section may, within one

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hundred eighty (180) days of the final publication of notice or his or her receipt of notice under

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subdivision (1) (i) of this subsection, whichever is earlier, petition the court for a hearing to

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adjudicate the validity of his or her alleged interest in the vehicle.

 

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     (3)(iii) The petition shall be signed by the petitioner under penalty of perjury and shall set

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forth the nature and extent of the petitioner's right, title, or interest in the vehicle; any additional

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facts supporting the petitioner's claim; and the relief sought.

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     (4)(iv) The hearing on the petition shall, to the extent practicable and consistent with the

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interest of justice, be held within thirty (30) days of the filing of the petition. The court may

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consolidate the hearing on the petition with a hearing on any other petition filed by a person other

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than the defendant and concerning the same vehicle.

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     (5)(v) At a hearing, the petitioner may testify and present evidence and witnesses on his or

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her own behalf, and cross-examine witnesses who appear at the hearing. The state or local

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jurisdiction may present evidence and witnesses in rebuttal and in defense of its claim to the vehicle

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and cross-examine witnesses who appear at the hearing. In addition to testimony and evidence

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presented at the hearing, the court shall consider the relevant portions of the record of the criminal

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case or violations of this section that resulted in the order of forfeiture.

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     (6)(vi) In accordance with its findings at the hearing, the court shall amend the order of

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forfeiture if it determines that the petitioner has established by a preponderance of the evidence

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that:

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      (i)(A) The petitioner has a right, title, or interest in the vehicle, and the right, title or interest

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was vested in the petitioner rather than the defendant or was superior to any right, title, or interest

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of the defendant at the time of the commission of the acts which gave rise to the forfeiture of the

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vehicle under this section; or

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     (ii)(B) The petitioner is a bona fide purchaser for value of any right, title or interest in the

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vehicle and was at the time of purchase reasonably without cause to believe that the property was

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subject to forfeiture under this section.

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     (7)(8) Following the court's disposition of all petitions filed under this section, or if no such

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petitions are filed, following the expiration of the period provided in this section for the filing of

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the petitions, the state or local jurisdiction shall have clear title to the vehicle that is the subject of

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the order of forfeiture and shall transfer good and sufficient title to any subsequent purchaser,

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transferee, or fund as provided in this chapter.

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     (8)(9) Except as provided in this section, no party claiming an interest in the vehicle subject

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to forfeiture under this section may:

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     (i) Intervene in a trial or appeal of a criminal case involving the forfeiture of the property;

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or

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     (ii) Commence any action against the state or local jurisdiction concerning the validity of

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the alleged interest.

 

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     (g)(h) In order to facilitate the identification or location of the vehicle declared forfeited

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and to facilitate the disposition of petitions filed pursuant to this section after the entry of an order

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declaring a vehicle forfeited to the state or local jurisdiction, the court may, upon application of the

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attorney general or local solicitor, order that the testimony of any witness relating to the forfeited

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vehicle be taken by deposition and that any designated book, paper, document, record, recording

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(electronic or otherwise), or other material not privileged, be produced at the same time and place,

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in the same manner as provided for the taking of depositions under the Rules of Civil Procedure.

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     (h)(i) If the vehicle described in § 31-27-4.1 this section: (1) cannot be located; (2) has

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been transferred to, sold to or deposited with a third party; (3) has been placed beyond the

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jurisdiction of the court; (4) has been substantially diminished in value by any act or omission of

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the defendant; the court shall order the forfeiture of any other property of the defendant up to the

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value of the subject property.

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     (i)(j) The court shall have jurisdiction to enter orders as provided in this section without

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regard to the location of any property that may be subject to forfeiture under this section or that has

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been ordered forfeited under this section.

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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 -- SNOWMOBILES AND

RECREATIONAL VEHICLES

***

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     This act would create misdemeanor penalties for any person driving or operating any

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recreational vehicle on any local highway unless specifically permitted by ordinance or exempted

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as a permitted crossing, and would require operators to obey all traffic laws while on local

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highways. Violators would be subject to fines and said recreational vehicles would be subject to

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impoundment and forfeiture.

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     This act would take effect upon passage.

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