2017 -- H 5987

========

LC002013

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

____________

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC

OFFENSES

     Introduced By: Representatives Coughlin, Edwards, and Maldonado

     Date Introduced: March 23, 2017

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.1-10 of the General Laws in Chapter 31-41.1 entitled

"Adjudication of Traffic Offenses" is hereby amended to read as follows:

     31-41.1-10. Expungement.

     All violations within this title which are in the jurisdiction of the traffic tribunal or of a

municipal court shall by operation of law, after three (3) years, following adjudication of the

violation and after expiration of any mandatory state or federal record-retention period, be

expunged from the records of the traffic tribunal or the municipal court and from the records of

the division of motor vehicles, except for those offenses related to alcohol as provided in § 31-27-

2.1, which shall be expunged after five (5) years. Provided however, that any offense which is

dismissed by the traffic tribunal, a municipal court, by rule of court, or upon motion by the

issuing agency, or which has resulted in a dismissal for failure of the state to meet its burden of

proof or dismissal for any other reason, except pursuant to §31-41.1-7, shall be automatically

expunged and deleted from all court records, within forty-eight (48) hours of dismissal. These

expungements shall be in addition to and not in place of any expungement provided for by

chapter 1.3 of title 12.

     SECTION 2. This act shall take effect upon passage.

========

LC002013

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC

OFFENSES

***

     This act would mandate that any traffic offense in the Rhode Island traffic tribunal or any

municipal court, that is dismissed shall be expunged and deleted from court records within forty-

eight (48) hours.

     This act would take effect upon passage.

========

LC002013

========

LC002013 - Page 2 of 2