2017 -- S 0692

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LC001718

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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 - AUTOMATED TRAFFIC VIOLATION

MONITORING SYSTEMS

     Introduced By: Senators Jabour, Quezada, Goodwin, Metts, and Goldin

     Date Introduced: March 30, 2017

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.2-4 of the General Laws in Chapter 31-41.2 entitled

"Automated Traffic Violation Monitoring Systems" is hereby amended to read as follows:

     31-41.2-4. Procedure -- Notice.

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

produced by an automated, traffic-violation-detection system shall follow the procedures

established in chapter 41.1 of this title; chapter 18 of title 8, except the provisions providing for

payments to the state in §§ 8-18-4 and 8-18-6, and the rules promulgated by the chief magistrate

of the traffic tribunal for the hearing of civil traffic violations. A summons may be issued by an

officer solely based on evidence obtained by use of an automated, traffic-violation-detection

system. All summons issued based on evidence obtained from an automated, traffic-violation-

detection system shall be issued within fourteen (14) twenty-eight (28) days of the violation.

     (b) Notwithstanding any rule, regulation, or other provision of the general or public laws

to the contrary, no city or town shall be required to make payments to the state in implementing

any provision of this chapter until July 1, 2013, nor after July 1, 2015.

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

automated, traffic-violation-detection system that a copy of the summons 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.

     (d) The officer issuing the summons shall certify under penalties of perjury that the

evidence obtained from the automated, traffic-violation-detection 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 summons is not answered within the time period

permitted.

     (e) The summons shall contain all the information provided for on 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, subject to the approval of the supreme court pursuant to § 8-6-2.

     (f) In addition to the summons, the following information shall be attached to the

summons:

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

images taken as proof of the violation;

     (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 § 31-13-4 of this subtitle;

     (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 - AUTOMATED TRAFFIC VIOLATION

MONITORING SYSTEMS

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     This act would increase the amount of time, from fourteen (14) days to twenty-eight (28)

days, for a summons to issue solely based on evidence obtained by use of an automated traffic-

violation-detection system.

     This act would take effect upon passage.

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LC001718

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