2022 -- S 2503 | |
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LC003245 | |
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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 | |
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Introduced By: Senators Archambault, F Lombardi, McCaffrey, Coyne, and Ruggerio | |
Date Introduced: March 01, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-11-18 of the General Laws in Chapter 31-11 entitled "Suspension |
2 | or Revocation of Licenses - Violations" is hereby amended to read as follows: |
3 | 31-11-18. Driving after denial, suspension, or revocation of license. |
4 | (a) Any person who drives a motor vehicle on any highway of this state who never applied |
5 | for a license, or who drives after his or her application for a license has been refused, or after his |
6 | or her license has expired, or who otherwise drives without a license, or at a time when his or her |
7 | license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in |
8 | § 31-11-18.1, may be guilty of a misdemeanor. |
9 | (b) Upon a first violation under this section, a civil penalty of not less than two hundred |
10 | fifty dollars ($250), nor more than five hundred dollars ($500), more than one hundred fifty dollars |
11 | ($150) shall be imposed. For the second violation, a civil penalty of not less than three hundred |
12 | fifty dollars ($350), nor more than five hundred dollars ($500), may more than two hundred fifty |
13 | dollars ($250) shall be imposed. For a third violation, a civil penalty of not more than three hundred |
14 | fifty dollars ($350) shall be imposed. All violations under this section shall be heard in the traffic |
15 | tribunal. |
16 | (c) Any person convicted of a third fourth or a subsequent violation of subsection (a) shall |
17 | be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a |
18 | term not exceeding ninety (90) days, fined not less than five hundred dollars ($500) nor more than |
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1 | one thousand dollars ($1,000), or both. The sentencing judge may also impose a sentence of |
2 | imprisonment for a term of not more than ten (10) days or home confinement for a term of not more |
3 | than twenty (20) days upon consideration of relevant sentencing factors and circumstances, |
4 | including whether or not the person’s history indicates that they are a danger to the public. |
5 | Additionally, the sentencing judge may suspend the person's license for a period not to exceed |
6 | ninety (90) days one year. All violations under this section shall be heard in the district court. |
7 | (d) Notwithstanding the provisions of subsection (a), any person driving after his or her |
8 | license has expired shall be issued a summons to appear in district court the traffic tribunal not |
9 | fewer than ten (10) days after the issuance of the summons, and shall not be taken into custody |
10 | based solely on this charge absent a warrant. Any person who shall cause his or her expired license |
11 | to be reinstated by the division of motor vehicles within ten (10) days after issuance of the summons |
12 | may present proof of reinstatement at the headquarters of the charging police department. |
13 | Presentation of proof of reinstatement within ten (10) days after the issuance of the summons shall |
14 | cause the summons to be voided and shall otherwise constitute a complete defense to the charge of |
15 | driving after expiration of license and a bar to prosecution for that charge. Any convictions under |
16 | subsection (c) shall be expunged pursuant to the provisions of chapter 1.3 of title 12. For the |
17 | purposes of this subsection, each of the several state police barracks shall be considered as a |
18 | separate police headquarters. |
19 | 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 -- SUSPENSION AND REVOCATION | |
OF LICENSES--VIOLATIONS | |
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1 | This act would reduce the civil penalty for the first and second offenses for driving without |
2 | a license or suspended license, would make a third violation a civil offense and a fourth offense a |
3 | misdemeanor punishable by a fine or, by up to ten (10) days in jail or twenty (20) days home |
4 | confinement if the sentencing judge finds, considering relevant sentencing factors, that offender is |
5 | a danger to the community. It would also increase a license suspension for a fourth or subsequent |
6 | offense to up to a year. Jurisdiction for civil offenses would be in the traffic tribunal and for criminal |
7 | offenses jurisdiction would be in district court. |
8 | This act would take effect upon passage. |
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