2012 -- H 7222

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LC00807

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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 -- MOTOR VEHICLE OFFENSES

     Introduced By: Representatives Menard, Winfield, and Baldelli-Hunt

     Date Introduced: January 24, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-27-2.1 of the General Laws in Chapter 31-27 entitled "Motor

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Vehicle Offenses" is hereby amended to read as follows:

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     31-27-2.1. Refusal to submit to chemical test. -- (a) Any person who operates a motor

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vehicle within this state shall be deemed to have given his or her consent to chemical tests of his

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or her breath, blood, and/or urine for the purpose of determining the chemical content of his or

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her body fluids or breath. No more than two (2) complete tests, one for the presence of

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intoxicating liquor and one for the presence of toluene or any controlled substance, as defined in

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section 21-28-1.02(7), shall be administered at the direction of a law enforcement officer having

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reasonable grounds to believe the person to have been driving a motor vehicle within this state

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while under the influence of intoxicating liquor, toluene, or any controlled substance, as defined

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in chapter 28 of title 21, or any combination of these. The director of the department of health is

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empowered to make and file with the secretary of state, regulations which prescribe the

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techniques and methods of chemical analysis of the person's body fluids or breath and the

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qualifications and certification of individuals authorized to administer the testing and analysis.

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      (b) If a person for religious or medical reasons cannot be subjected to blood tests, the

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person may file an affidavit with the division of motor vehicles stating the reasons why he or she

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cannot be required to take blood tests, and a notation to this effect shall be made on his or her

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license. If that person is asked to submit to chemical tests as provided under this chapter, the

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person shall only be required to submit to chemical tests of his or her breath or urine. When a

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person is requested to submit to blood tests, only a physician or registered nurse or a medical

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technician certified under regulations promulgated by the director of the department of health

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may withdraw blood for the purpose of determining the alcoholic content in it. This limitation

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shall not apply to the taking of breath or urine specimens. The person tested shall be permitted to

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have a physician of his or her own choosing and at his or her own expense administer chemical

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tests of his or her breath, blood, and/or urine in addition to the tests administered at the direction

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of a law enforcement officer. If a person having been placed under arrest refuses upon the request

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of a law enforcement officer to submit to the tests, as provided in section 31-27-2, none shall be

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given, but a bail commissioner or judge of the traffic tribunal or district court judge, upon receipt

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of a report of a law enforcement officer: that he or she had reasonable grounds to believe the

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arrested person had been driving a motor vehicle within this state under the influence of

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intoxicating liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or

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any combination of these; that the person had been informed of his or her rights in accordance

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with section 31-27-3; that the person had been informed of the penalties incurred as a result of

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noncompliance with this section; and that the person had refused to submit to the tests upon the

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request of a law enforcement officer; shall promptly order that the person's operator's license or

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privilege to operate a motor vehicle in this state be immediately suspended and that the person's

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license be surrendered within five (5) days of notice of suspension. A traffic tribunal judge or a

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district court judge pursuant to the terms of subsection (c) of this section shall order as follows:

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      (1) Impose for the first violation a fine in the amount of two hundred dollars ($200) to

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five hundred dollars ($500) and shall order the person to perform ten (10) to sixty (60) hours of

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public community restitution. The person's driving license in this state shall be suspended for a

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period of six (6) months to one year. The traffic tribunal judge shall require attendance at a

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special course on driving while intoxicated or under the influence of a controlled substance and/or

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alcohol or drug treatment for the individual.

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      (2) Every person convicted for a second violation within a five (5) year period shall be

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guilty of a misdemeanor, shall be imprisoned for not more than six (6) months and shall pay a

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fine in the amount of six hundred dollars ($600) to one thousand dollars ($1,000), order the

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person to perform sixty (60) to one hundred (100) hours of public community restitution, and the

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person's driving license in this state shall be suspended for a period of one year to two (2) years.

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The judge shall require alcohol and/or drug treatment for the individual.

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      (3) Every person convicted for a third or subsequent violation within a five (5) year

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period shall be guilty of a misdemeanor and shall be imprisoned for not more than one year, fined

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eight hundred dollars ($800) to one thousand dollars ($1,000), order the person to perform not

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less than one hundred (100) hours of public community restitution, and the person's operator's

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license in this state shall be suspended for a period of two (2) years to five (5) years. The judge

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shall require alcohol or drug treatment for the individual. Provided, that prior to the reinstatement

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of a license to a person charged with a third or subsequent violation within a three (3) year period,

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a hearing shall be held before a judge. At the hearing the judge shall review the person's driving

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record, his or her employment history, family background, and any other pertinent factors that

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would indicate that the person has demonstrated behavior which warrants the reinstatement of his

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or her license.

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      (4) For purposes of determining the period of license suspension, a prior violation shall

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constitute any charge brought and sustained under the provisions of this section or section 31-27-

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2.

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      (5) In addition to any other fines, a highway safety assessment of five hundred dollars

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($500) shall be paid by any person found in violation of this section, the assessment to be

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deposited into the general fund. The assessment provided for by this subsection shall be collected

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from a violator before any other fines authorized by this section.

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      (6) In addition to any other fines and highway safety assessments, a two hundred dollar

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($200) assessment shall be paid by any person found in violation of this section to support the

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department of health's chemical testing programs outlined in section 31-27-2 (4), which shall be

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deposited as general revenues, not restricted receipts.

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      (7) No fines, suspensions, assessments, alcohol or drug treatment programs, course on

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driving while intoxicated or under the influence of a controlled substance, or public community

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restitution provided for under this section, can be suspended.

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      (c) Upon suspending or refusing to issue a license or permit as provided in subsection (a)

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of this section, the traffic tribunal or district court shall immediately notify the person involved in

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writing, and upon his or her request, within fifteen (15) days shall afford the person an

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opportunity for a hearing as early as practical upon receipt of a request in writing. Upon a hearing

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the judge may administer oaths and may issue subpoenas for the attendance of witnesses and the

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production of relevant books and papers. If the judge finds after the hearing that: (1) the law

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enforcement officer making the sworn report had reasonable grounds to believe that the arrested

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person had been driving a motor vehicle within this state while under the influence of intoxicating

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liquor, toluene, or any controlled substance, as defined in chapter 28 of title 21, or any

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combination of these; (2) the person while under arrest refused to submit to the tests upon the

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request of a law enforcement officer; (3) the person had been informed of his or her rights in

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accordance with section 31-27-3; and (4) the person had been informed of the penalties incurred

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as a result of noncompliance with this section; the judge shall sustain the violation. The judge

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shall then impose the penalties set forth in subsection (b) of this section. Action by the judge must

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be taken within seven (7) days after the hearing, or it shall be presumed that the judge has refused

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to issue his or her order of suspension.

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      (d) For the purposes of this section, any test of a sample of blood, breath, or urine for the

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presence of alcohol which relies in whole or in part upon the principle of infrared light absorption

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is considered a chemical test.

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      (e) If any provision of this section or the application of any provision shall for any

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reason be judged invalid, the judgment shall not affect, impair, or invalidate the remainder of the

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section, but shall be confined in this effect to the provisions or application directly involved in the

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controversy giving rise to the judgment.

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     SECTION 2. This act shall take effect upon passage.

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LC00807

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

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     This act would authorize a bail commissioner to order that a person’s license be

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suspended immediately upon the report of a law enforcement officer that the person has refused a

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chemical test for driving while under the influence of alcohol.

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     This act would take effect upon passage.

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LC00807

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