2016 -- H 7679

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LC004842

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

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

LICENSES -- VIOLATIONS

     Introduced By: Representatives DeSimone, Regunberg, Lima, and Almeida

     Date Introduced: February 24, 2016

     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 be guilty of a misdemeanor a civil violation and punished according to this section.

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

of second violation, the division of motor vehicles shall may suspend the license for an additional

six (6) months. Any subsequent conviction shall may 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who otherwise drives without a license, or after his or her license has expired or has been revoked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) Upon a first conviction under this section, a fine of not less than two hundred fifty

dollars ($250) 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, a fine of not less than three hundred fifty dollars ($350) nor more than one thousand

dollars ($1,000) may 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.

      (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 the Rhode

Island traffic tribunal not fewer than ten (10) days after the issuance of the summons, and shall

not be taken into custody based solely on this charge. 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 shall be expunged 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 make driving on a suspended or expired license, or without a license a

civil infraction and would transfer jurisdiction to the RI Traffic Tribunal. It would also make any

license suspension as a penalty discretionary and not mandatory.

     This act would take effect upon passage.

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