2025 -- H 5897 | |
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LC001489 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2025 | |
____________ | |
A N A C T | |
RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF | |
LICENSES--VIOLATIONS | |
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Introduced By: Representatives Noret, Read, Corvese, Hull, Dawson, and McEntee | |
Date Introduced: February 28, 2025 | |
Referred To: House Judiciary | |
(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 controlled substance or intoxicating liquor; (2) refusing refusal to submit to a chemical test; |
9 | (3) reckless driving; (3) manslaughter from the operation of a motor vehicle or (4) operating a |
10 | motor vehicle so as to endanger resulting in death; or (4) (5) three (3) moving violations within a |
11 | one-year period; (6) having been designated a frequent offender pursuant to § 31-27-24; or (7) |
12 | violation of the terms of a conditional hardship order issued pursuant to chapter 27 of title 31; shall |
13 | be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a felony |
14 | for the third or subsequent offenses. |
15 | (b) The division of motor vehicles upon receiving a record of the conviction of any person |
16 | upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons |
17 | set forth in this section shall suspend the person’s license or deny the person’s application for any |
18 | length of time that it shall deem proper but in no case less than an additional three (3) months. Upon |
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1 | receiving a record of conviction of a second violation of driving a motor vehicle while the license |
2 | of that person was suspended for reasons set forth in this section, the division of motor vehicles |
3 | shall suspend the person’s license or deny the person’s application for any length of time that it |
4 | shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction |
5 | shall result in license revocation. Upon receiving a record of the conviction of any person upon a |
6 | charge of driving after his or her application for a license had been refused, or after his or her license |
7 | had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles |
8 | shall not issue a new license for an additional period of one year from and after the date the person |
9 | would otherwise have been entitled to apply for a new license. |
10 | (c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars |
11 | ($500) shall be imposed, and if the person was driving after his or her application for a license had |
12 | been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled |
13 | for :(i) operating under the influence of a controlled substance or intoxicating liquor, or his or her |
14 | ; (ii) refusal to submit to a chemical test, ; (iii) reckless driving, manslaughter from the operation |
15 | of a motor vehicle, or operation ;(iv) operating a motor vehicle so as to endanger, death resulting, |
16 | in death; (v) three (3) moving violations within a one-year period; (vi) having been designated a |
17 | frequent offender pursuant to § 31-27-24; or (vii) violation of the terms of a conditional hardship |
18 | order issued pursuant to chapter 27 of title 31 the person shall be imprisoned for a minimum of ten |
19 | (10) days. |
20 | (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this |
21 | section within a five (5) year period shall be imposed, and if the person was driving after his or her |
22 | application for a license had been refused, or at a time when his or her license to operate was |
23 | suspended, revoked, or cancelled for :(i) operating under the influence of a controlled substance or |
24 | intoxicating liquor or his or her ; (ii) refusal to submit to a chemical test, ; (iii) reckless driving, |
25 | manslaughter from the operation of a motor vehicle, or operation ; (iv) operating a motor vehicle |
26 | so as to endanger, death resulting in death; (v) three (3) moving violations within a one-year period; |
27 | (vi) having been designated a frequent offender pursuant to § 31-27-24; or (vii) violation of the |
28 | terms of a conditional hardship order issued pursuant to chapter 27 of title 31 the person shall be |
29 | imprisoned for a minimum of six (6) months to one year. |
30 | (3) For any subsequent conviction within a five (5) year period, a fine of one thousand |
31 | dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be |
32 | required to participate in a public service program designated and approved by the court. If the |
33 | person was driving after his or her application for a license had been refused or at a time when his |
34 | or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence |
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1 | of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; |
2 | (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating a |
3 | motor vehicle so as to endanger, death resulting in death; (v) three (3) moving violations within a |
4 | one-year period; (vi) having been designated a frequent offender pursuant to § 31-27-24; or (vii) |
5 | violation of the terms of a conditional hardship order issued pursuant to chapter 27 of title 31 the |
6 | person shall be imprisoned for a minimum of one year. Jurisdiction for violations of this section is |
7 | given to the district court and the court shall have full authority to impose any sentence authorized |
8 | for violations of this section. |
9 | (d) No fines, suspensions, treatment, or jail provided for under this section can be |
10 | suspended. |
11 | SECTION 2. This act shall take effect upon passage. |
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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--VIOLATIONS | |
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1 | This act would amend the section of law relative to violations for driving after denial, |
2 | revocation or suspension of a license and would expand the list of offenses for which an unlicensed |
3 | motorist would be in violation. |
4 | This act would take effect upon passage. |
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