2012 -- H 7497

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LC01351

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- HABITUAL OFFENDERS

     Introduced By: Representative Michael J. Marcello

     Date Introduced: February 09, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 31-40-2, 31-40-3 and 31-40-4 of the General Laws in Chapter 31-

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40 entitled "Habitual Offenders" are hereby amended to read as follows:

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     31-40-2. "Habitual offender" defined. -- An "habitual offender" is any person, resident

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or nonresident, whose record, as maintained in the office of the division of motor vehicles, shows

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that the person has accumulated the convictions, or findings of delinquency or waywardness in

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the case of juveniles, for separate and distinct offenses, described in subdivisions (1), (2), and (3)

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of this section, committed within a three (3) year specified time period, provided that where more

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than one included offense shall be committed within a six (6) hour period the multiple offenses

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shall, on the first occasion, be treated for the purposes of this article as one offense, provided the

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person charged has no record of prior offenses chargeable under this article, and provided further

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that the date of the offense most recently committed occurs within three (3) years the specified

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time period of the date of all other offenses the conviction for which is included in subdivision

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(1), (2), or (3) of this section as follows:

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      (1) Three (3) Two (2) or more convictions, or findings of delinquency or waywardness in

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the case of a juvenile, singularly or in combination, of the following separate and distinct offenses

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arising out of separate acts within a ten (10) year period:

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      (i) Voluntary or involuntary manslaughter resulting from the operation of a motor

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vehicle;

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     (i) Driving so as to endanger, resulting in death in violation of section 31-27-1;

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     (ii) Driving so as to endanger, resulting in personal injury in violation of section 31-27-

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     (iii) Driving under the influence of liquor or drugs, resulting in death in violation of

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section 31-27-2.2;

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     (iv) Driving under the influence of liquor or drugs, resulting in serious bodily injury in

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violation of section 31-27-2.6;

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     (v) Duty to stop in accidents resulting in death in violation of subsection 31-26-1(d); or

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     (vi) Duty to stop in accidents resulting in serious bodily injury in violation of subsection

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31-26-1(c).

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     (2) Three (3) or more convictions, or findings of delinquency or waywardness in the case

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of a juvenile, singularly or in combination, of the following separate and distinct offenses arising

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out of separate acts, within a five (5) year period:

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      (i)(ii) Driving or operating a motor vehicle while under the influence of liquor or drugs

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in violation of section 31-27-2;

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     (ii) Refusal to submit to a chemical test in violation of section 31-27-2.1;

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     (iii) Duty to stop in accidents resulting in personal injury in violation of subsection 31-

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26-1(b);

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     (iv) Duty to stop in accidents resulting in damage to vehicle in violation of section 31-26-

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2.

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     (v)(iii) Driving a motor vehicle while his or her license, permit, or privilege to drive a

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motor vehicle has been suspended or revoked in violation of section 31-27-2.1 or chapter 11 of

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this title;

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      (vi)(iv) Willfully operating a motor vehicle without a license;

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      (vii)(v) Knowingly making any false affidavit or swearing or affirming falsely to any

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matter or thing required by the motor vehicle laws or as to information required in the

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administration of the laws;

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      (vi) Any offense punishable as a felony under the motor vehicle laws of Rhode Island or

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any felony in the commission of which a motor vehicle is used;

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      (vii) Failure of the driver of a motor vehicle involved in an accident resulting in the

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death or injury of any person to stop close to the scene of the accident and report his or her

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identity in violation of section 31-26-1; or

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      (viii) Failure of the driver of a motor vehicle involved in an accident resulting only in

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damage to an attended or unattended vehicle or other property in excess of one hundred fifty

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dollars ($150) to stop close to the scene of the accident and report his or her identity or otherwise

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report the accident.

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      (3)(2) Six (6) or more convictions, or findings of delinquency or waywardness in the

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case of a juvenile within a three (3) year period, of separate and distinct offenses, singularly or in

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combination, in the operation of a motor vehicle which are required to be reported to the division

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of motor vehicles and the commission of which requires the division of motor vehicles or

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authorizes a court to suspend or revoke the privilege to operate motor vehicles on the highways of

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this state for a period of thirty (30) days or more, and the convictions shall include those offenses

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enumerated in paragraph (1)(ii) (2)(i) of this section when taken with and added to those offenses

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described in this section.

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      (4)(3) The offenses included in subdivisions (1) and (2) subdivision (3) of this section

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shall be deemed to include offenses under any valid town or city ordinance paralleling and

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substantially conforming to the state statutory provisions cited in subdivisions (1) and (2)

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subdivision (3) of this section and all changes in or amendments of them, and any federal law,

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and law of another state or any valid town, city, or county ordinance of another state substantially

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conforming to those statutory provisions.

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     31-40-3. Transcript or abstract of conviction record. -- The administrator of superior

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court, district court or the division of motor vehicles shall certify three (3) copies of conviction or

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transcripts or abstracts of the conviction record as maintained in the office of the division of

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motor vehicles of any person whose record brings him or her within the definition of an habitual

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offender, as defined in section 31-40-2, to the attorney general. The transcript or abstract shall be

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prima facie evidence that the person named in it was duly convicted or found delinquent or

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wayward in the case of a juvenile, by the court wherein the conviction or finding was made, of

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each offense shown by the transcript or abstract. If the person shall deny any of the facts as stated

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in it, he or she shall have the burden of proving that the fact is untrue.

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     31-40-4. Complaint to be filed by attorney general. -- The attorney general upon

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receiving the habitual offender transcripts or abstracts from the administrator of the division of

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motor vehicles or copies of conviction from the superior or district court shall immediately file a

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complaint against the person named in it in the district court having jurisdiction of criminal

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offenses in the city or town in which the person resides. In the event the person is a nonresident of

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this state, the attorney general shall file a complaint against the accused person in the district

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court of the sixth judicial district.

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     SECTION 2. This act shall take effect upon passage.

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LC01351

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- HABITUAL OFFENDERS

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     This act would amend the definition of and requirements which classify a person as a

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“habitual offender” for the purpose of motor vehicle offenses.

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     This act would take effect upon passage.

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LC01351

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