2024 -- S 2026 | |
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LC003339 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF | |
LICENSES | |
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Introduced By: Senators Raptakis, Tikoian, Burke, Sosnowski, F. Lombardi, Felag, | |
Date Introduced: January 10, 2024 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled |
2 | "Suspension or Revocation of Licenses — Violations" is hereby amended to read as follows: |
3 | 31-11-18.1. Driving after denial, revocation, or suspension for certain violations. |
4 | (a) Any person who drives a motor vehicle on any highway of this state who never applied |
5 | for a license or who drives after his or her application for a license has been refused, or after his or |
6 | her license has expired or who otherwise drives without a license or at a time when his or her license |
7 | to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic |
8 | drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4) |
9 | manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in |
10 | death; or (4)(5) three (3) moving violations within a one-year period; shall be guilty of a |
11 | misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third |
12 | or subsequent offenses. |
13 | (b) The division of motor vehicles upon receiving a record of the conviction of any person |
14 | upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons |
15 | set forth in this section shall suspend the person’s license or deny the person’s application for any |
16 | length of time that it shall deem proper but in no case less than an additional three (3) months. Upon |
17 | receiving a record of conviction of a second violation of driving a motor vehicle while the license |
18 | of that person was suspended for reasons set forth in this section, the division of motor vehicles |
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1 | shall suspend the person’s license or deny the person’s application for any length of time that it |
2 | shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction |
3 | shall result in license revocation. Upon receiving a record of the conviction of any person upon a |
4 | charge of driving after his or her application for a license had been refused, or after his or her license |
5 | had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles |
6 | shall not issue a new license for an additional period of one year from and after the date the person |
7 | would otherwise have been entitled to apply for a new license. |
8 | (c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars |
9 | ($500) shall be imposed, and if the person was driving after his or her application for a license had |
10 | been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled |
11 | for operating under the influence of a controlled substance or intoxicating liquor, or his or her |
12 | refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor |
13 | vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a |
14 | minimum of ten (10) days. |
15 | (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this |
16 | section within a five (5) year period shall be imposed, and if the person was driving after his or her |
17 | application for a license had been refused, or at a time when his or her license to operate was |
18 | suspended, revoked, or cancelled for operating under the influence of a controlled substance or |
19 | intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter |
20 | from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person |
21 | shall be imprisoned for a minimum of six (6) months to one year. |
22 | (3) For any subsequent conviction within a five (5) year period, a fine of one thousand |
23 | dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be |
24 | required to participate in a public service program designated and approved by the court. If the |
25 | person was driving after his or her application for a license had been refused or at a time when his |
26 | or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence |
27 | of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; |
28 | (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so |
29 | as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. |
30 | Jurisdiction for violations of this section is given to the district court and the court shall have full |
31 | authority to impose any sentence authorized for violations of this section. |
32 | (d) No fines, suspensions, treatment, or jail provided for under this section can be |
33 | suspended. |
34 | (e) When any law enforcement officer arrests a person for driving a motor vehicle while |
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1 | the license of the person was suspended, revoked or cancelled for any of the reasons set forth in |
2 | subsections (a)(1) or (a)(2) of this section, and the vehicle so driven is owned in whole or in part |
3 | by the person so arrested, the license plates of that vehicle shall be confiscated by the arresting |
4 | officer and shall be impounded for a period of not less than ninety (90) days; provided, however, |
5 | that if the charges hereunder are dropped or dismissed for any reason, the license plates shall |
6 | thereupon be returned to the owner, and in no event shall such impoundment continue beyond the |
7 | duration of any sentence imposed under this section; and provided further, that if a court determines |
8 | that such impoundment would cause undue hardship to dependents of the offender, the court may |
9 | order the division of motor vehicles to issue temporary substitute license plates to the vehicle under |
10 | such terms and for such time as the court deems necessary to achieve substantial justice. |
11 | SECTION 2. This act shall take effect upon passage. |
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LC003339 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF | |
LICENSES | |
*** | |
1 | This act would require that the license plates of a vehicle be confiscated by a law |
2 | enforcement officer if the owner was arrested for driving while their license was suspended, |
3 | revoked or cancelled for refusing to submit to a chemical test or for operating a motor vehicle under |
4 | the influence of a narcotic drug or intoxicating liquor and would allow temporary substitute plates |
5 | if the court determines such impoundment of license plates would cause undue hardship to |
6 | dependents of offender. |
7 | This act would take effect upon passage. |
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LC003339 | |
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