2014 -- S 2699

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LC004812

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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 - AUTOMATED TRAFFIC VIOLATION

MONITORING SYSTEMS

     Introduced By: Senators Goodwin, Pichardo, Ciccone, Metts, and Ruggerio

     Date Introduced: March 05, 2014

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.2-4 of the General Laws in Chapter 31-41.2 entitled

"Automated Traffic Violation Monitoring Systems" is hereby amended to read as follows:

     31-41.2-4. Procedure -- Notice. -- (a) Except as expressly provided in this chapter, all

prosecutions based on evidence produced by an automated traffic violation detection system shall

follow the procedures established in chapter 41.1 of this title, chapter 8-18 of these general laws,

except the provision providing for payments to the state in sections 8-18-4 and 8-18-6, and the

rules promulgated by the chief magistrate of the traffic tribunal for the hearing of civil traffic

violations. A summons may be issued by an officer solely based on evidence obtained by use of

an automated traffic violation detection system. All summons issued based on evidence obtained

from an automated traffic violation detection system shall be issued within fourteen (14) days of

the violation.

      (b) Notwithstanding any rule, regulation, or other provision of the general or public laws

to the contrary, no city or town shall be required to make payments to the state in implementing

any provision of this chapter until July 1, 2013.

      (c) It shall be sufficient to commence a prosecution based on evidence obtained from an

automated traffic violation detection system that a copy of the summons and supporting

documentation be mailed to the address of the registered owner kept on file by the registry of

motor vehicles pursuant to section 31-3-34 of these general laws. For purposes of this section, the

date of issuance shall be the date of mailing.

      (d) The officer issuing the summons shall certify under penalties of perjury that the

evidence obtained from the automated traffic violation detection system was sufficient to

demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all

prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient

proof of actual notice in all cases where the summons is not answered within the time period

permitted.

      (e) The summons shall the uniform summons as referred to in section 31-41.1-1 of the

general laws and the rules of procedure promulgated by the chief magistrate of the traffic tribunal

subject to the approval of the supreme court pursuant to section 8-6-2.

      (f) In addition to the summons, the following information shall be attached to the

summons:

      (1) Copies of two (2) or more photographs, or microphotographs, or other recorded

images taken as proof of the violation; and

      (2) A signed statement by a trained law enforcement officer that, based on inspection of

recorded images, the motor vehicle was being operated in violation of section 31-13-4 of this

subtitle; and

      (3) A statement that recorded images are evidence of a violation of this chapter; and

      (4) A statement that the person who receives a summons under this chapter may either

pay the civil penalty in accordance with the provisions of section 31-41.1-3, or elect to stand trial

for the alleged violation.

     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 - AUTOMATED TRAFFIC VIOLATION

MONITORING SYSTEMS

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     This act would eliminate July 1, 2013 as the cut-off date after which the state may not

require cities or towns to make payments to the state for implementing automatic traffic violation

monitoring systems.

     This act would take effect upon passage.

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LC004812

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