| Chapter 262 |
| 2021 -- H 5978 SUBSTITUTE A Enacted 07/14/2021 |
| 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 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled |
| "Adjudication of Traffic Offenses" is hereby amended to read as follows: |
| 31-41.1-6. Hearings. |
| (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter, |
| shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court, |
| where provided by law. The burden of proof shall be upon the state, city, or town and no charge |
| may be established except by clear and convincing evidence. A verbatim recording shall be made |
| of all proceedings. The chief magistrate of the traffic tribunal may prescribe, by rule or regulation, |
| the procedures for the conduct of the hearings and for pre-hearing discovery. |
| (b) After due consideration of the evidence and arguments, the judge or magistrate shall |
| determine whether the charges have been established, and appropriate findings of fact shall be made |
| on the record. If the charges are not established, an order dismissing the charges shall be entered. |
| If a determination is made that a charge has been established or if an answer admitting the charge |
| has been received, an appropriate order shall be entered in the records of the traffic tribunal. |
| (c) An order entered after the receipt of an answer admitting the charge or where a |
| determination is made that the charge has been established shall be civil in nature, and shall be |
| treated as an adjudication that a violation has been committed. A judge or magistrate may include |
| in the order the imposition of any penalty authorized by any provisions of this title for the violation, |
| including, but not limited to, license suspension, and/or in the case of a motorist under the age of |
| twenty (20), community service, except that no penalty for it shall include imprisonment. A judge |
| or magistrate may order the suspension or revocation of a license or of a registration in the name |
| of the defendant in accordance with any provisions of this title which that authorize the suspension |
| or revocation of a license or of a registration, or may order the suspension of the license and the |
| registration of the defendant for the willful failure to pay a fine previously imposed. In addition, |
| after notice and opportunity to be heard, a judge or magistrate may order the suspension of the |
| registration of the vehicle with which the violation was committed, if the defendant has willfully |
| failed to pay a fine previously imposed. |
| (d) A judge or magistrate may, as authorized by law, order a motorist to attend a |
| rehabilitative driving course operated under the jurisdiction of a college or university accredited by |
| the state of Rhode Island, or the trained personnel of the department of revenue. An order to attend |
| a course may also include a provision to pay reasonable tuition for the course to the institution in |
| an amount not to exceed twenty-five dollars ($25.00) in an amount not to exceed the fee established |
| by the college or university accredited by the state of Rhode Island or the department of revenue |
| for driver retraining. The order shall contain findings of fact. Failure to comply with an order of |
| attendance may, after notice and hearing, result in the suspension or revocation of a person's license |
| or registration. |
| (e) Unless a judge or magistrate shall determine determines that a substantial traffic safety |
| hazard would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, may |
| delay for a period of not to exceed thirty (30) days the effective date of any suspension or revocation |
| of a driver's license or vehicle registration imposed pursuant to this chapter. However, the |
| regulations may provide for the immediate surrender of any item to be suspended or revoked and |
| the issuance of appropriate temporary documentation to be used during the thirty-(30) day (30) |
| period. Any order for immediate surrender of a driver's license or vehicle registration shall contain |
| a statement of reasons for it. |
| SECTION 2. This act shall take effect upon passage. |
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| LC002196/SUB A |
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