|
2012 -- H 7608 | |
|
======= | |
|
LC01493 | |
|
======= | |
|
STATE OF RHODE ISLAND | |
|
| |
|
IN GENERAL ASSEMBLY | |
|
| |
|
JANUARY SESSION, A.D. 2012 | |
|
| |
|
____________ | |
|
| |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC | |
|
OFFENSES | |
|
|
|
|
|
|
|
Introduced By: Representative Donna M. Walsh | |
|
Date Introduced: February 16, 2012 | |
|
Referred To: House Judiciary | |
|
It is enacted by the General Assembly as follows: | |
|
1-1 |
SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled |
|
1-2 |
"Adjudication of Traffic Offenses" is hereby amended to read as follows: |
|
1-3 |
31-41.1-6. Hearings. -- (a) Every hearing for the adjudication of a traffic violation, as |
|
1-4 |
provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a |
|
1-5 |
judge of the municipal court, where provided by law. The burden of proof shall be upon the state, |
|
1-6 |
city, or town and no charge may be established except by clear and convincing evidence. A |
|
1-7 |
verbatim recording shall be made of all proceedings. The chief magistrate of the traffic tribunal |
|
1-8 |
may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre- |
|
1-9 |
hearing discovery. |
|
1-10 |
(b) After due consideration of the evidence and arguments, the judge or magistrate shall |
|
1-11 |
determine whether the charges have been established, and appropriate findings of fact shall be |
|
1-12 |
made on the record. If the charges are not established, an order dismissing the charges shall be |
|
1-13 |
entered. If a determination is made that a charge has been established or if an answer admitting |
|
1-14 |
the charge has been received, an appropriate order shall be entered in the records of the traffic |
|
1-15 |
tribunal. |
|
1-16 |
(c) An order entered after the receipt of an answer admitting the charge or where a |
|
1-17 |
determination is made that the charge has been established shall be civil in nature, and shall be |
|
1-18 |
treated as an adjudication that a violation has been committed. A judge or magistrate may include |
|
1-19 |
in the order the imposition of any penalty authorized by any provisions of this title for the |
|
2-1 |
violation, including, but not limited to, license suspension and/or in the case of a motorist under |
|
2-2 |
the age of twenty (20), community service, except that no penalty for it shall include |
|
2-3 |
imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a |
|
2-4 |
registration in the name of the defendant in accordance with any provisions of this title which |
|
2-5 |
authorize the suspension or revocation of a license or of a registration, or may order the |
|
2-6 |
suspension of the license and the registration of the defendant for the willful failure to pay a fine |
|
2-7 |
previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate |
|
2-8 |
may order the suspension of the registration of the vehicle with which the violation was |
|
2-9 |
committed, if the defendant has willfully failed to pay a fine previously imposed. |
|
2-10 |
(d) A judge or magistrate may, as authorized by law, order a motorist to attend a |
|
2-11 |
rehabilitative driving course operated under the jurisdiction of a college or university accredited |
|
2-12 |
by the state of Rhode Island, or the trained personnel of the department of revenue. An order to |
|
2-13 |
attend a course may also include a provision to pay reasonable tuition for the course to the |
|
2-14 |
institution in an amount not |
|
2-15 |
than twenty-five dollars ($25.00), or in an amount not to exceed fifty dollars ($50.00), which fee |
|
2-16 |
shall be deposited into the general fund. The order shall contain findings of fact. Failure to |
|
2-17 |
comply with an order of attendance may, after notice and hearing, result in the suspension or |
|
2-18 |
revocation of a person's license or registration. |
|
2-19 |
(e) Unless a judge or magistrate shall determine that a substantial traffic safety hazard |
|
2-20 |
would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, delay for a |
|
2-21 |
period of thirty (30) days the effective date of any suspension or revocation of a driver's license or |
|
2-22 |
vehicle registration imposed pursuant to this chapter. However, the regulations may provide for |
|
2-23 |
the immediate surrender of any item to be suspended or revoked and the issuance of appropriate |
|
2-24 |
temporary documentation to be used during the thirty (30) day period. Any order for immediate |
|
2-25 |
surrender of a driver's license or vehicle registration shall contain a statement of reasons for it. |
|
2-26 |
SECTION 2. This act shall take effect upon passage. |
|
| |
|
======= | |
|
LC01493 | |
|
======= | |
|
EXPLANATION | |
|
BY THE LEGISLATIVE COUNCIL | |
|
OF | |
|
A N A C T | |
|
RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC | |
|
OFFENSES | |
|
*** | |
|
3-1 |
This act would impose increases and additional costs for traffic violations. |
|
3-2 |
This act would take effect upon passage. |
|
| |
|
======= | |
|
LC01493 | |
|
======= |