2013 -- H 6180

=======

LC02671

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - STATE AND MUNICIPAL COURT

COMPACT - AUTOMATED TRAFFIC VIOLATION MONITORING SYSTEMS

     Introduced By: Representative John M. Carnevale

     Date Introduced: May 30, 2013

     Referred To: House Finance

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 8-18-2 of the General Laws in Chapter 8-18 entitled "State and

1-2

Municipal Court Compact" is hereby amended to read as follows:

1-3

     8-18-2. Universal summons. -- All state agencies and municipalities which have law

1-4

enforcement powers shall be issued and authorized a form for summons and complaint to be used

1-5

for all violations specified in chapters 27, and 41.1 and 41.2 of title 31, and no other summons

1-6

shall be substituted except as provided by section 31-12-12. All fines, assessments, fees, and

1-7

other financial charge or any other responsibility not changed by the following shall be deemed

1-8

enforceable even when the summons is issued by a municipality and adjudicated by a municipal

1-9

court, or issued by state agencies or a municipality without a court and adjudicated by the traffic

1-10

tribunal. All summonses once issued must be recorded by the traffic tribunal prior to a hearing,

1-11

arraignment, or trial. If the summons is answered by payment without personal appearance

1-12

pursuant to section 31-41.1-2, it shall be recorded by the traffic tribunal upon return from the

1-13

financial institution.

1-14

     SECTION 2. Sections 31-41.2-4 and 31-41.2-5 of the General Laws in Chapter 31-41.2

1-15

entitled "Automated Traffic Violation Monitoring Systems" are hereby amended to read as

1-16

follows:

1-17

     31-41.2-4. Procedure -- Notice. -- (a) Except as expressly provided in this chapter, all

1-18

prosecutions based on evidence produced by an automated traffic violation detection system shall

1-19

follow the procedures established in chapter 41.1 of this title, chapter 8-18 of these general laws,

2-1

except the provision providing for payments to the state in sections 8-18-4 and 8-18-6, and the

2-2

rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic

2-3

violations. Citations A summons may be issued by an officer solely based on evidence obtained

2-4

by use of an automated traffic violation detection system. All citations summons issued based on

2-5

evidence obtained from an automated traffic violation detection system shall be issued within

2-6

fourteen (14) days of the violation.

2-7

     (b) Notwithstanding any rule, regulation, or other provision of the general or public laws

2-8

to the contrary, no city or town shall be required to make payments to the state in implementing

2-9

any provision of this chapter.

2-10

      (b) (c) It shall be sufficient to commence a prosecution based on evidence obtained from

2-11

an automated traffic violation detection system that a copy of the citation summons and

2-12

supporting documentation be mailed to the address of the registered owner kept on file by the

2-13

registry of motor vehicles pursuant to section 31-3-34 of these general laws. For purposes of this

2-14

section, the date of issuance shall be the date of mailing.

2-15

      (c) (d) The officer issuing the citation summons shall certify under penalties of perjury

2-16

that the evidence obtained from the automated traffic violation detection system was sufficient to

2-17

demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all

2-18

prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient

2-19

proof of actual notice in all cases where the citation summons is not answered within the time

2-20

period permitted.

2-21

      (d) (e) The citation summons shall contain all the information provided for on be the

2-22

uniform summons as referred to in section 31-41.1-1 of the general laws and contain all the

2-23

information provided for in the rules of procedure promulgated by the chief magistrate of the

2-24

traffic tribunal subject to the approval of the supreme court pursuant to section 8-6-2.

2-25

      (e) (f) In addition to the information in the uniform summons, the following information

2-26

shall be attached to the citation summons:

2-27

      (1) Copies of two (2) or more photographs, or microphotographs, or other recorded

2-28

images taken as proof of the violation; and

2-29

      (2) A signed statement by a trained law enforcement officer that, based on inspection of

2-30

recorded images, the motor vehicle was being operated in violation of section 31-13-4 of this

2-31

subtitle; and

2-32

      (3) A statement that recorded images are evidence of a violation of this chapter; and

2-33

      (4) A statement that the person who receives a summons under this chapter may either

2-34

pay the civil penalty in accordance with the provisions of section 31-41.1-3, or elect to stand trial

3-1

for the alleged violation.

3-2

     31-41.2-5. Hearings. -- Evidence from an automated traffic violation detection system

3-3

shall be considered substantive evidence in the prosecution of all civil traffic violations. Evidence

3-4

from an automated traffic violation detection system approved by the director of transportation

3-5

shall be admitted without further authentication and such evidence may be deemed sufficient to

3-6

sustain a civil traffic violation. In addition to any other defenses as set forth herein, any and all

3-7

defenses cognizable at law shall be available to the individual who receives the citation summons

3-8

commencing a prosecution under this chapter.

3-9

     SECTION 3. Section 1 of this act shall take effect upon passage. Section 2 of this act

3-10

shall take effect upon passage, and shall apply retroactively to January 1, 2006, as well as

3-11

prospectively.

=======

LC02671

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - STATE AND MUNICIPAL COURT

COMPACT - AUTOMATED TRAFFIC VIOLATION MONITORING SYSTEMS

***

4-1

     This act would have a summons rather than a citation issued for automated traffic

4-2

violation detection systems.

4-3

     Section 1 of this act would take effect upon passage. Section 2 of this act would take

4-4

effect upon passage, and would apply retroactively to January 1, 2006, as well as prospectively.

=======

LC02671

=======