2015 -- H 5152

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF

LICENSES -- VIOLATIONS

     Introduced By: Representatives Carnevale, Slater, Almeida, Palangio, and Regunberg

     Date Introduced: January 21, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-11-18 of the General Laws in Chapter 31-11 entitled

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

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

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

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

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

is suspended, revoked, or cancelled, for reasons other than those provided for in § 31-11-18.1,

shall may be guilty of a misdemeanor.

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

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

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

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

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

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

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

otherwise drives without a license, or after his or her license has expired or has been revoked or

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

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

license.

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

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

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

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

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

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

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

imposed by the court.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

considered as a separate police headquarters.

     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

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

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

section to impose jail sentences and license suspensions.

     This act would take effect upon passage.

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