2017 -- S 0603

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LC001819

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES

     Introduced By: Senators McCaffrey, Lombardi, Archambault, Conley, and Nesselbush

     Date Introduced: March 15, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.3-8 of the General Laws in Chapter 31-41.3 entitled

"Automated School-Zone-Speed-Enforcement System Act of 2016" is hereby amended to read as

follows:

     31-41.3-8. Procedure notice.

     (a) Except as expressly provided in this chapter, all prosecutions based on evidence

produced by an automated school-zone-speed-enforcement system shall follow the procedures

established in chapter 41.1 of this title, chapter 18 of title 8, and the rules promulgated by the

chief judge magistrate of the district court traffic tribunal for the hearing of civil traffic violations.

Citations may be issued by an officer solely based on evidence obtained by use of an automated

school-zone-speed-enforcement system. All citations issued based on evidence obtained from an

automated school-zone-speed-enforcement system shall be issued within fourteen (14) days of the

violation.

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

automated school-zone-speed-enforcement system, provided that a copy of the citation and

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

registry of motor vehicles pursuant to § 31-3-34. For purposes of this section, the date of issuance

shall be the date of mailing.

     (c) The officer issuing the citation shall certify under penalties of perjury that the

evidence obtained from the automated school-zone-speed-enforcement system was sufficient to

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

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

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

permitted.

     (d) The citation shall contain all the information provided for in the uniform summons as

referred to in § 31-41.1-1 and the rules of procedure promulgated by the chief magistrate of the

traffic tribunal.

     (e) In addition to the information in the uniform summons, the following information

shall be attached to the citation:

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

images taken as proof of the violation; and

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

recorded images, the motor vehicle was being operated in violation of chapter 14 of title 31

relating to speed restrictions: and

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

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

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

the alleged violation.

     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

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     This act would require that matters adjudicated under the Automated School-Zone-

Speed-Enforcement System Act of 2016 be done in accordance with rules promulgated by the

Chief Magistrate of the Traffic Tribunal.

     This act would take effect upon passage.

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LC001819

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