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:

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

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

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

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

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

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

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

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

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

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

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the violation.

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

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

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any provision of this chapter until July 1, 2013.

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

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

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

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

 

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date of issuance shall be the date of mailing.

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

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

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

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

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

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permitted.

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

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

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

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

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summons:

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

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images taken as proof of the violation; and

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

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

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subtitle; and

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

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

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

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for the alleged violation.

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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 - 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

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

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monitoring systems.

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     This act would take effect upon passage.

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LC004812

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