2013 -- S 0356

=======

LC00232

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - SUSPENSION OR REVOCATION OF

LICENSES - VIOLATIONS

     Introduced By: Senators Raptakis, and Walaska

     Date Introduced: February 13, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled

1-2

"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows:

1-3

     31-11-18.1. Driving after denial, revocation, or suspension for certain violations. --

1-4

(a) Any person who drives a motor vehicle on any highway of this state who never applied for a

1-5

license or who drives after his or her application for a license has been refused, or after his or her

1-6

license has expired or who otherwise drives without a license or at a time when his or her license

1-7

to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic

1-8

drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4)

1-9

manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in

1-10

death; or (4) (5) three (3) moving violations within a one-year period; shall be guilty of a

1-11

misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third

1-12

or subsequent offenses.

1-13

      (b) The division of motor vehicles upon receiving a record of the conviction of any

1-14

person upon a charge of driving a motor vehicle while the license of the person was suspended,

1-15

for reasons set forth in this section shall suspend the person's license or deny the person's

1-16

application for any length of time that it shall deem proper but in no case less than an additional

1-17

three (3) months. Upon receiving a record of conviction of a second violation of driving a motor

1-18

vehicle while the license of that person was suspended for reasons set forth in this section, the

1-19

division of motor vehicles shall suspend the person's license or deny the person's application for

2-1

any length of time that it shall deem proper but in no case less than an additional six (6) months.

2-2

Any subsequent conviction shall result in license revocation. Upon receiving a record of the

2-3

conviction of any person upon a charge of driving after his or her application for a license had

2-4

been refused, or after his or her license had been revoked or cancelled for reasons set forth in this

2-5

section, the division of motor vehicles shall not issue a new license for an additional period of one

2-6

year from and after the date the person would otherwise have been entitled to apply for a new

2-7

license.

2-8

      (c) (1) Upon a first conviction under this section a mandatory fine of five hundred dollars

2-9

($500) shall be imposed, and if the person was driving after his or her application for a license

2-10

had been refused, or at a time when his or her license to operate was suspended, revoked, or

2-11

cancelled for operating under the influence of a controlled substance or intoxicating liquor, or his

2-12

or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a

2-13

motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for

2-14

a minimum of ten (10) days.

2-15

      (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this

2-16

section within a five (5) year period shall be imposed, and if the person was driving after his or

2-17

her application for a license had been refused, or at a time when his or her license to operate was

2-18

suspended, revoked, or cancelled for operating under the influence of a controlled substance or

2-19

intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving,

2-20

manslaughter from the operation of a motor vehicle, or operation so as to endanger, death

2-21

resulting, the person shall be imprisoned for a minimum of six (6) months to one year.

2-22

      (3) For any subsequent conviction within a five (5) year period, a fine of one thousand

2-23

dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be

2-24

required to participate in a public service program designated and approved by the court. If the

2-25

person was driving after his or her application for a license had been refused or at a time when his

2-26

or her license to operate was suspended, revoked, or cancelled for: (i) operating under the

2-27

influence of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a

2-28

chemical test; (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or

2-29

(v) operating so as to endanger, death resulting; the person shall be imprisoned for a minimum of

2-30

one year. Jurisdiction for violations of this section is given to the district court and the court shall

2-31

have full authority to impose any sentence authorized for violations of this section.

2-32

      (d) No fines, suspensions, treatment, or jail provided for under this section can be

2-33

suspended.

3-34

     (e) When any law enforcement officer arrests a person for driving a motor vehicle while

3-35

the license of the person was suspended, revoked or cancelled for any of the reasons set forth in

3-36

subdivisions 31-11-18.1(a)(1) or 31-11-18.1(a)(2), and the vehicle so driven is owned in whole or

3-37

in part by the person so arrested, the license plates of that vehicle shall be confiscated by the

3-38

arresting officer and shall be impounded for a period of not less than ninety (90) days; provided,

3-39

however, that if the charges hereunder are dropped or dismissed for any reason, the license plates

3-40

shall thereupon be returned to their owner, and in no event shall such impoundment continue

3-41

beyond the duration of any sentence imposed under this section; and, provided, further, that if a

3-42

court determines that such impoundment would cause undue hardship to dependents of the

3-43

offender, the court may order the division of motor vehicles to issue a temporary substitute

3-44

license plate to that vehicle under such terms and for such time as the court deems necessary to

3-45

achieve substantial justice.

3-46

     SECTION 2. This act shall take effect upon passage.

=======

LC00232

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES - SUSPENSION OR REVOCATION OF

LICENSES - VIOLATIONS

***

4-1

     This act would require that the license plates of a vehicle be confiscated by a law

4-2

enforcement officer if the owner was arrested for driving while their license was suspended,

4-3

revoked or cancelled for refusing to submit to a chemical test or for operating under the influence

4-4

of a narcotic drug or intoxicating liquor.

4-5

     This act would take effect upon passage.

=======

LC00232

=======