2018 -- H 7506

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LC004322

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC

OFFENSES

     

     Introduced By: Representatives McEntee, Craven, McKiernan, Lombardi, and Coughlin

     Date Introduced: February 08, 2018

     Referred To: House Judiciary

     (Attorney General)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 31-41.1-11 of the General Laws in Chapter 31-41.1 entitled

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

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     31-41.1-11. Jurisdiction.

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     (a) The traffic tribunal shall have exclusive original jurisdiction over the adjudication of

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charges under subdivision 31-27-2.1(b)(1) (Refusal to submit to chemical test first violation).

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     (b) The district court shall have exclusive original jurisdiction over the adjudication of

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charges under subdivisions §§ 31-27-2.1(b)(2) and (3) (Refusal to submit to chemical test, second

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violation and third and subsequent violations)., except that the traffic tribunal shall have exclusive

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jurisdiction over the adjudication of charges under §§ 31-27-2.1(b)(2) and (3) (refusal to submit

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to a chemical test, second violation, third and subsequent violations) in cases involving a request

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to submit to a blood test.

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     (c) Nothing in subsections (a) and (b) of this section shall be deemed to abrogate the

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jurisdiction of any municipal court under the provisions of chapter 18 of title 8 of the general

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laws.

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     SECTION 2. This act shall take effect upon passage.

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LC004322

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES - ADJUDICATION OF TRAFFIC

OFFENSES

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     This act would provide that the traffic tribunal would have exclusive jurisdiction for

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second and subsequent violations of blood test refusals related to a suspected DUI.

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     This act would take effect upon passage.

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LC004322

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