2013 -- S 0221

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LC00578

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC

OFFENSES

     Introduced By: Senators Doyle, and Gallo

     Date Introduced: February 06, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled

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"Adjudication of Traffic Offenses" is hereby amended to read as follows:

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     31-41.1-6. Hearings. -- (a) Every hearing for the adjudication of a traffic violation, as

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provided by this chapter, shall be held before a judge or magistrate of the traffic tribunal or a

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judge of the municipal court, where provided by law. The burden of proof shall be upon the state,

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city, or town and no charge may be established except by clear and convincing evidence. A

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verbatim recording shall be made of all proceedings. The chief magistrate of the traffic tribunal

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may prescribe, by rule or regulation, the procedures for the conduct of the hearings and for pre-

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hearing discovery.

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      (b) After due consideration of the evidence and arguments, the judge or magistrate shall

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determine whether the charges have been established, and appropriate findings of fact shall be

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made on the record. If the charges are not established, an order dismissing the charges shall be

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entered. If a determination is made that a charge has been established or if an answer admitting

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the charge has been received, an appropriate order shall be entered in the records of the traffic

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tribunal.

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      (c) An order entered after the receipt of an answer admitting the charge or where a

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determination is made that the charge has been established shall be civil in nature, and shall be

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treated as an adjudication that a violation has been committed. A judge or magistrate may include

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in the order the imposition of any penalty authorized by any provisions of this title for the

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violation, including, but not limited to, license suspension and/or in the case of a motorist under

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the age of twenty (20), community service, except that no penalty for it shall include

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imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a

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registration in the name of the defendant in accordance with any provisions of this title which

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authorize the suspension or revocation of a license or of a registration, or may order the

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suspension of the license and the registration of the defendant for the willful failure to pay a fine

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previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate

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may order the suspension of the registration of the vehicle with which the violation was

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committed, if the defendant has willfully failed to pay a fine previously imposed.

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      (d) A judge or magistrate may, as authorized by law, order a motorist to attend a

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rehabilitative driving course operated under the jurisdiction of a college or university accredited

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by the state of Rhode Island, or the trained personnel of the department of revenue. An order to

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attend a course may also include a provision to pay reasonable tuition. for the course to the

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institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain

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findings of fact. Failure to comply with an order of attendance may, after notice and hearing,

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result in the suspension or revocation of a person's license or registration.

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      (e) Unless a judge or magistrate shall determine that a substantial traffic safety hazard

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would result from it, he or she shall, pursuant to the regulations of the traffic tribunal, delay for a

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period of thirty (30) days the effective date of any suspension or revocation of a driver's license or

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vehicle registration imposed pursuant to this chapter. However, the regulations may provide for

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the immediate surrender of any item to be suspended or revoked and the issuance of appropriate

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temporary documentation to be used during the thirty (30) day period. Any order for immediate

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surrender of a driver's license or vehicle registration shall contain a statement of reasons for it.

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     SECTION 2. This act shall take effect upon passage.

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LC00578

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO MOTOR AND OTHER VEHICLES -- ADJUDICATION OF TRAFFIC

OFFENSES

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     This act would eliminate the minimum and maximum fees a judge or magistrate may

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order a motorist to pay to attend a rehabilitative driving course, and would only authorize a judge

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or magistrate to order the payment of a reasonable tuition to attend such course.

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     This act would take effect upon passage.

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LC00578

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