| Chapter 098 |
| 2021 -- H 6048 Enacted 07/01/2021 |
| A N A C T |
| RELATING TO COURTS AND CIVIL PROCEDURE - TRAFFIC TRIBUNAL |
Introduced By: Representative Robert D. Phillips |
| Date Introduced: March 01, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 8-8.2-2 of the General Laws in Chapter 8-8.2 entitled "Traffic |
| tribunal" is hereby amended to read as follows: |
| 8-8.2-2. Jurisdiction. |
| (a) Notwithstanding any inconsistent provision of law, all probationary license hearings as |
| provided in § 31-10-26, all violations of the department of transportation, department of |
| environmental management or board of governors for higher education council on postsecondary |
| education regulations regarding parking, standing, or stopping in areas under the jurisdiction of |
| said these agencies, all violations of state statutes relating to motor vehicles, littering, and traffic |
| offenses, except those traffic offenses committed in places within the exclusive jurisdiction of the |
| United States, and except driving so as to endanger resulting in death, driving so as to endanger |
| resulting in personal injury, driving while under the influence of liquor or drugs, driving while |
| under the influence of liquor or drugs resulting in death, driving while under the influence of liquor |
| or drugs resulting in serious bodily injury, reckless driving and other offenses against public safety |
| as provided in § 31-27-4, eluding a law enforcement officer with a motor vehicle in a high speed |
| pursuit, driving after denial, suspension or revocation of license, and leaving the scene of an |
| accident in violation of § 31-26-1 and § 31-26-2, and driving without the consent of the owner and |
| possession of a stolen motor vehicle in violation of § 31-9-1 and § 31-9-2, shall be heard and |
| determined by the traffic tribunal pursuant to the regulations promulgated by the chief magistrate |
| of the traffic tribunal; provided, however, the traffic tribunal shall not hear any parking, standing, |
| or stopping violations which that occur in any city or town which that has established its own |
| municipal court and has jurisdiction over such violations. Nothing contained herein shall abrogate |
| the powers of the Rhode Island family court under the provisions of chapter 1 of title 14. |
| (b) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have |
| concurrent jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the |
| chief magistrate of the traffic tribunal, all violations of any ordinances, rules, and regulations |
| governing the public waters and the speed, management, and control of all vessels and the size, |
| type and location and use of all anchorages and moorings within the jurisdiction of the towns of |
| North Kingstown, South Kingstown, Portsmouth, Middletown, Narragansett, and Tiverton |
| enforced and supervised by the harbormaster and referred to the traffic tribunal, and the terms |
| "traffic violations" and "traffic infraction" when used in this chapter shall include the aforesaid |
| violations and such the violations shall be adjudicated in accordance with the provisions of this |
| chapter. Nothing contained herein shall abrogate the powers of the Rhode Island coastal resources |
| management council under the provisions of chapter 23 of title 46. |
| (c) Notwithstanding any inconsistent provision of law, the traffic tribunal shall have |
| jurisdiction to hear and determine, pursuant to rules and regulations promulgated by the chief |
| magistrate of the Rhode Island traffic tribunal, all civil violations for §§ 20-1-12, 20-11-20, 20-13- |
| 16, 20-16-17, 23-22.5-9, 32-2-4, subparagraphs 21-28-4.01(c)(2)(iii), and 21-28-4.01(c)(2)(iv), and |
| subsection § 46-22-19(1) as set forth in § 42-17.10-1. |
| (d) A party aggrieved by a final order of the traffic tribunal appeals panel shall be entitled |
| to a review of the order by a judge of the district court. Unless otherwise provided in the rules of |
| procedure of the district court, such the review shall be on the record and appellate in nature. The |
| district court shall by rules of procedure establish procedures for review of an order entered by the |
| appeals panel of the traffic tribunal. |
| (e) Violations of any statute, rule, ordinance, or regulation referenced in this section are |
| subject to fines enumerated in § 31-41.1-4, except for violations of subparagraphs §§ 21-28- |
| 4.01(c)(2)(iii) and 21-28-4.01(c)(2)(iv). |
| SECTION 2. Section 20-13-16 of the General Laws in Chapter 20-13 entitled "Hunting |
| and Hunting Safety" is hereby amended to read as follows: |
| 20-13-16. Harassment of hunters, trappers, and fishers prohibited. |
| (a) No person shall obstruct or interfere with the lawful taking of wildlife by another person |
| at the location where the activity is taking place with intent to prevent the lawful taking. |
| (b) A person violates this section when he or she intentionally or knowingly: |
| (1) Drives or disturbs wildlife for the purpose of disrupting the lawful taking of wildlife |
| where another person is engaged in the process of lawfully taking wildlife; |
| (2) Blocks, impedes, or otherwise harasses another person who is engaged in the process |
| of lawfully taking wildlife; |
| (3) Uses natural or artificial visual, aural, olfactory, or physical stimuli to affect wildlife |
| behavior in order to hinder or prevent the lawful taking of wildlife; |
| (4) Erects barriers with the intent to deny ingress or egress to areas where the lawful taking |
| of wildlife may occur; |
| (5) Interjects himself or herself into the line of fire; |
| (6) Affects the condition or placement of personal or public property intended for use in |
| the lawful taking of wildlife in order to impair its usefulness or prevent its use; or |
| (7) Enters or remains upon private lands without the permission of the owner, or the |
| owner's agent, with intent to violate this section. |
| (c) A violation of this section is a civil violation for which a forfeiture fine of not less than |
| one hundred dollars ($100) nor more than five hundred dollars ($500) may be adjudged. The traffic |
| tribunal shall have jurisdiction to hear and determine all violations specified in this section. |
| SECTION 3. Section 42-17.10-1 of the General Laws in Chapter 42-17.10 entitled |
| "Enforcement of Certain Natural Resource Violations" is hereby amended to read as follows: |
| 42-17.10-1. Civil Violations -- Jurisdiction -- Penalties. |
| In order to handle minor environmental offenses in a fair and expeditious manner, the |
| following environmental offenses are declared to be civil violations and shall be within the |
| jurisdiction of the Rhode Island traffic tribunal. Penalties assessed for violations shall correspond |
| to the fines described. |
| 20-1-12 Fixing of seasons and bag limits $100.00 |
| 20-11-20 Fresh water fishing – Penalties $100.00 |
| 20-13-16 Harassment of hunters, trappers, and fishers minimum of |
| $100.00, not to |
| exceed $500.00 |
| 20-16-17 Prohibition against hunting/killing otter $100.00 |
| 23-22.5-9 Swimming in breachways prohibited not to exceed |
| fifty dollars |
| $50.00 |
| 32-2-4 Parks and recreational areas – Rules and Regulations |
| Enforcement – Power of director not to exceed |
| one hundred |
| dollars $100.00 |
| 46-22-19(1) Regulation of boats – Penalties not to exceed |
| one hundred |
| dollars $100.00 |
| SECTION 4. This act shall take effect upon passage. |
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| LC002194 |
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