2014 -- S 2810 SUBSTITUTE A

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LC005179/SUB A

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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 Archambault, Lombardi, McCaffrey, Jabour, and Conley

     Date Introduced: March 25, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-11-18 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. Driving after denial, suspension, or revocation of license. -- (a) Any person

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who drives a motor vehicle on any highway of this state who never applied for a license, or who

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

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expired or who otherwise drives without a license, or at a time when his or her license to operate

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is suspended, revoked, or cancelled, for reasons other than those provided for in section 31-11-

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18.1, shall may be guilty of a misdemeanor.

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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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shall suspend the person's license for an additional three (3) months. Upon receiving a record of

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second violation, the division of motor vehicles shall suspend the license for an additional six (6)

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

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

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been refused, or upon a charge of driving by one who never applied for a license or who

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otherwise drives without a license, or after his or her license has expired or has been revoked or

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

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one 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)(b) Upon a first conviction violation under this section, a fine civil penalty of not less

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than two hundred fifty dollars ($250) one hundred dollars ($100) nor more than five hundred

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dollars ($500) shall be imposed, and imprisonment for a term not to exceed thirty (30) days may

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be imposed. For the second and any subsequent conviction violation, a fine civil penalty of not

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less than three hundred fifty dollars ($350) two hundred dollars ($200) nor more than one

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thousand dollars ($1,000) may shall be imposed and an imprisonment for up to one year may be

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imposed. The imposition of fines may be in addition to the suspension of license that may be

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imposed by the court.

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     (c) Any person convicted of a third or a subsequent violation of subsection (a) of this

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section shall be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be

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imprisoned for a term not exceeding ninety (90) days, fined not less than five hundred dollars

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($500) nor more than one thousand dollars ($1,000), or both. Additionally, the sentencing judge

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may suspend the person's license for a period not to exceed ninety (90) days.

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      (d) Notwithstanding the provisions of subsection (a) of this section, any person driving

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after his or her license has expired shall be issued a summons to appear in district court not fewer

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than ten (10) days after the issuance of the summons, and shall not be taken into custody based

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solely on this charge absent a warrant. Any person who shall cause his or her expired license to

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be reinstated by the division of motor vehicles within ten (10) days after issuance of the summons

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may present proof of reinstatement at the headquarters of the charging police department.

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Presentation of proof of reinstatement within ten (10) days after the issuance of the summons

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shall cause the summons to be voided and shall otherwise constitute a complete defense to the

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charge of driving after expiration of license and a bar to prosecution for that charge. Any

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summons or records relating to the summons convictions under subsection (c) of this section shall

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be expunged automatically eligible for expungement pursuant to the provisions of chapter 1.3 of

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title 12. For the purposes of this subsection, each of the several state police barracks shall be

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considered as a separate police headquarters.

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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 change first and second offenses for driving with a suspended or expired

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license to a civil violation and would also reduce the potential monetary penalty. This act would

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also give discretion to the sentencing judge on third and subsequent offenses under this same

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section to impose jail sentences and license suspensions.

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     This act would take effect upon passage.

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