| Chapter 337 |
| 2022 -- S 2503 SUBSTITUTE A AS AMENDED Enacted 06/29/2022 |
| A N A C T |
| RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION AND REVOCATION OF LICENSES--VIOLATIONS |
Introduced By: Senators Archambault, F Lombardi, McCaffrey, Coyne, and Ruggerio |
| Date Introduced: March 01, 2022 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 31-11-18 of the General Laws in Chapter 31-11 entitled "Suspension |
| or Revocation of Licenses - Violations" is hereby amended to read as follows: |
| 31-11-18. Driving after denial, suspension, or revocation of license. |
| (a) Any person who drives a motor vehicle on any highway of this state who never applied |
| for a license, or who drives after his or her application for a license has been refused, or after his |
| or her license has expired, or who otherwise drives without a license, or at a time when his or her |
| license to operate is suspended, revoked, or cancelled, for reasons other than those provided for in |
| § 31-11-18.1, may be guilty of a misdemeanor shall be subject to penalties and sanctions set forth |
| in this section. |
| (b) Upon a first violation under this section, a civil penalty of not less than two hundred |
| fifty dollars ($250), nor more than five hundred dollars ($500), more than one hundred fifty dollars |
| ($150) shall be imposed. For the second violation, a civil penalty of not less than three hundred |
| fifty dollars ($350), nor more than five hundred dollars ($500), may more than two hundred fifty |
| dollars ($250) shall be imposed. For a third violation, a civil penalty of not more than three hundred |
| fifty dollars ($350) shall be imposed. All violations under this subsection shall be heard in the |
| traffic tribunal. |
| (c) Any person convicted of a third fourth or a subsequent violation of subsection (a) shall |
| be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a |
| term not exceeding ninety (90) days, one year, fined not less than five hundred dollars ($500) nor |
| more than one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend |
| the person's license for a period not to exceed ninety (90) days one year. All violations under this |
| subsection shall be heard in the district court. |
| (d) Notwithstanding the any other provisions provision of subsection (a) this section, any |
| person driving after his or her license has expired shall be issued a summons to appear in district |
| court the traffic tribunal not fewer than ten (10) days after the issuance of the summons, and shall |
| not be taken into custody based solely on this charge absent a warrant. Any person who shall cause |
| his or her expired license to be reinstated by the division of motor vehicles within ten (10) days |
| after issuance of the summons may present proof of reinstatement at the headquarters of the |
| charging police department. Presentation of proof of reinstatement within ten (10) days after the |
| issuance of the summons shall cause the summons to be voided and shall otherwise constitute a |
| complete defense to the charge of driving after expiration of license and a bar to prosecution for |
| that charge. Any convictions under subsection (c) shall be expunged pursuant to the provisions of |
| chapter 1.3 of title 12. For the purposes of this subsection, each of the several state police barracks |
| shall be considered as a separate police headquarters. |
| SECTION 2. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic |
| Tribunal" is hereby amended to read as follows: |
| 8-8.2-1. Establishment -- Rule-making Rulemaking authority -- Adjudication of |
| violations. |
| (a) There is hereby established a traffic tribunal which shall be charged with the |
| administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall |
| be under the supervision of the chief magistrate of the traffic tribunal, who shall be the |
| administrative head of the traffic tribunal and shall have the power to make rules for regulating |
| practice, procedure and business within the traffic tribunal. Pursuant to § 8-6-2, said rules shall be |
| subject to the approval of the supreme court. Such rules, when effective, shall supersede any |
| statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode |
| Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic |
| tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent |
| of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing |
| contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or |
| more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief |
| magistrate shall be equal to that of an associate judge of the district court. |
| (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as |
| provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be |
| assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The |
| chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear |
| and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic |
| tribunal and the administrative judge or magistrate shall perform such administrative duties as may |
| be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative |
| judge or magistrate shall hold said administrative position for the remainder of his or her respective |
| term as a judge or magistrate of the traffic tribunal. |
| (c)(1) Those judges of the administrative adjudication court in active service on July 1, |
| 1999, shall serve within the traffic tribunal. Whenever the total number of judges and magistrates |
| in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7) eight (8), the |
| chief justice of the supreme court, with the advice and consent of the senate, may, as needed, assign |
| a duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall |
| submit his or her name to the senate for confirmation. In the event of a vacancy in the position of |
| chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with |
| subsection 8-8.2-1(a) of this section. Any magistrate assigned under this section shall serve a term |
| of ten (10) years and until a successor is appointed and qualified, and shall be in the unclassified |
| service of the state. Nothing herein shall be construed to prohibit the assignment of a magistrate to |
| more than one such term, subject to the advice and consent of the senate. Compensation for any |
| such magistrate shall in no event be equal to or more than that of an associate judge of the district |
| court. Magistrates of the traffic tribunal shall participate in the state retirement system in the same |
| manner as all members of the unclassified service. |
| (2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available through |
| death, disability or any other reason, the position shall be filled by a magistrate consistent with the |
| provisions of this section. |
| (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her |
| judicial duties, except as may be otherwise provided by law. He or she shall not practice law while |
| holding office, nor shall he or she be a partner or associate of any person in the practice of law. |
| (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I. |
| Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court |
| of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance |
| with chapter 16 of this title; and to the administrative authority and control of the chief justice of |
| the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1 |
| shall not apply to judges of the traffic tribunal. |
| (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words |
| and devices as it shall adopt. |
| (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths |
| and affirmations. |
| (h) Administrative/supervisory officials. |
| (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who |
| shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such |
| clerical and administrative duties as may be assigned to him or her by the chief magistrate of the |
| traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the |
| administrative judge or magistrate shall have the power to administer oaths and affirmations within |
| the state. |
| (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the |
| pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1, |
| 1999, the first clerk of the traffic tribunal shall be that person holding the position of |
| administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall |
| hold office for the balance of a term of twelve (12) years which began on September 1, 1992, |
| without the necessity of appointment by the governor or advice and consent of the senate. The clerk |
| of the traffic tribunal shall exercise his or her functions under the direction and control of the chief |
| magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal. |
| The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within |
| the state. |
| (i) Clerical Personnel/Court Recorders. |
| (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance |
| assistant clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer |
| oaths and affirmations within the state. |
| (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to |
| enable all proceedings to be recorded by electronic means and who shall assist in such other clerical |
| duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal. |
| (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in |
| addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties. |
| SECTION 3. This act shall take effect on January 1, 2023. |
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| LC003245/SUB A/2 |
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