2014 -- S 2089

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LC003397

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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 - SUSPENSION OR REVOCATION OF

LICENSES - VIOLATIONS

     

     Introduced By: Senators Raptakis, E O`Neill, Picard, Sosnowski, and Lombardo

     Date Introduced: January 21, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled

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"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows:

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     31-11-18.1. Driving after denial, revocation, or suspension for certain violations. --

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(a) Any person who drives a motor vehicle on any highway of this state who never applied for a

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license or who drives after his or her application for a license has been refused, or after his or her

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license has expired or who otherwise drives without a license or at a time when his or her license

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to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic

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drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4)

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manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in

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death; or (4) (5) three (3) moving violations within a one-year period; shall be guilty of a

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misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third

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or subsequent offenses.

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      (b) The division of motor vehicles upon receiving a record of the conviction of any

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person upon a charge of driving a motor vehicle while the license of the person was suspended,

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for reasons set forth in this section shall suspend the person's license or deny the person's

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application for any length of time that it shall deem proper but in no case less than an additional

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three (3) months. Upon receiving a record of conviction of a second violation of driving a motor

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vehicle while the license of that person was suspended for reasons set forth in this section, the

 

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division of motor vehicles shall suspend the person's license or deny the person's application for

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any length of time that it shall deem proper but in no case less than an additional six (6) months.

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Any subsequent conviction shall result in license revocation. Upon receiving a record of the

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conviction of any person upon a charge of driving after his or her application for a license had

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been refused, or after his or her license had been revoked or cancelled for reasons set forth in this

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section, the division of motor vehicles shall not issue a new license for an additional period of one

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year from and after the date the person would otherwise have been entitled to apply for a new

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license.

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      (c) (1) Upon a first conviction under this section a mandatory fine of five hundred dollars

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($500) shall be imposed, and if the person was driving after his or her application for a license

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had been refused, or at a time when his or her license to operate was suspended, revoked, or

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cancelled for operating under the influence of a controlled substance or intoxicating liquor, or his

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or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a

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motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for

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a minimum of ten (10) days.

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      (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this

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section within a five (5) year period shall be imposed, and if the person was driving after his or

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her application for a license had been refused, or at a time when his or her license to operate was

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suspended, revoked, or cancelled for operating under the influence of a controlled substance or

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intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving,

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manslaughter from the operation of a motor vehicle, or operation so as to endanger, death

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resulting, the person shall be imprisoned for a minimum of six (6) months to one year.

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      (3) For any subsequent conviction within a five (5) year period, a fine of one thousand

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dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be

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required to participate in a public service program designated and approved by the court. If the

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person was driving after his or her application for a license had been refused or at a time when his

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or her license to operate was suspended, revoked, or cancelled for: (i) operating under the

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influence of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a

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chemical test; (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or

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(v) operating so as to endanger, death resulting; the person shall be imprisoned for a minimum of

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one year. Jurisdiction for violations of this section is given to the district court and the court shall

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have full authority to impose any sentence authorized for violations of this section.

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      (d) No fines, suspensions, treatment, or jail provided for under this section can be

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suspended.

 

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     (e) When any law enforcement officer arrests a person for driving a motor vehicle while

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the license of the person was suspended, revoked or cancelled for any of the reasons set forth in ยง

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31-11-18.1(a)(1) or 31-11-18.1(a)(2), and the vehicle so driven is owned in whole or in part by

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the person so arrested, the license plates of that vehicle shall be confiscated by the arresting

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officer and shall be impounded for a period of not less than ninety (90) days; provided, however,

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that if the charges hereunder are dropped or dismissed for any reason, the license plates shall

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thereupon be returned to their owner, and in no event shall such impoundment continue beyond

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the duration of any sentence imposed under this section; and, provided, further, that if a court

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determines that such impoundment would cause undue hardship to dependents of the offender,

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the court may order the division of motor vehicles to issue a temporary substitute license plate to

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that vehicle under such terms and for such time as the court deems necessary to achieve

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substantial justice.

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     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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     This act would require that the license plates of a vehicle be confiscated by a law

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enforcement officer if the owner was arrested for driving while their license was suspended,

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revoked or cancelled for refusing to submit to a chemical test or for operating under the influence

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of a narcotic drug or intoxicating liquor.

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     This act would take effect upon passage.

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