2014 -- H 7831

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LC004442

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - HEARINGS

     Introduced By: Representatives Walsh, and Craven

     Date Introduced: March 04, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

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

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

hearing discovery.

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

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

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

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

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

tribunal.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

institution in an amount not to exceed twenty-five dollars ($25.00) determined by the judiciary

and the institution. The order shall contain findings of fact. Failure to comply with an order of

attendance may, after notice and hearing, result in the suspension or revocation of a person's

license or registration.

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

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

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

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

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

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

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

     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 - HEARINGS

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     This act would provide that the tuition for a rehabilitative driving course would be

determined by the judiciary and the institution conducting the course.

     This act would take effect upon passage.

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LC004442

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