2018 -- S 2565

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LC003824

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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 - SUSPENSION OR REVOCATION OF

LICENSES - VIOLATIONS

     Introduced By: Senators Raptakis, Cote, Sosnowski, and Sheehan

     Date Introduced: March 01, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled

"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows:

     31-11-18.1. Driving after denial, revocation, or suspension for certain violations.

     (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: (1) operating under the

influence of a narcotic drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3)

reckless driving; (3)(4) manslaughter from the operation of a motor vehicle or operating so as to

endanger resulting in death; or (4)(5) three (3) moving violations within a one-year period; shall

be guilty of a misdemeanor for the first and second offenses and shall be deemed guilty of a

felony for the third or subsequent offenses.

     (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,

for reasons set forth in this section shall suspend the person's license or deny the person's

application for any length of time that it shall deem proper but in no case less than an additional

three (3) months. Upon receiving a record of conviction of a second violation of driving a motor

vehicle while the license of that person was suspended for reasons set forth in this section, the

division of motor vehicles shall suspend the person's license or deny the person's application for

any length of time that it shall deem proper but in no case less than an additional six (6) months.

Any subsequent conviction shall result in license revocation. Upon receiving a record of the

conviction of any person upon a charge of driving after his or her application for a license had

been refused, or after his or her license had been revoked or cancelled for reasons set forth in this

section, 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) (1) Upon a first conviction under this section a mandatory fine of five hundred dollars

($500) shall be imposed, and if the person was driving after his or her application for a license

had been refused, or at a time when his or her license to operate was suspended, revoked, or

cancelled for operating under the influence of a controlled substance or intoxicating liquor, or his

or her refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a

motor vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for

a minimum of ten (10) days.

     (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this

section within a five (5) year period shall be imposed, and if the person was driving after his or

her application for a license had been refused, or at a time when his or her license to operate was

suspended, revoked, or cancelled for operating under the influence of a controlled substance or

intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving,

manslaughter from the operation of a motor vehicle, or operation so as to endanger, death

resulting, the person shall be imprisoned for a minimum of six (6) months to one year.

     (3) For any subsequent conviction within a five (5) year period, a fine of one thousand

dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be

required to participate in a public service program designated and approved by the court. If the

person was driving after his or her application for a license had been refused or at a time when his

or her license to operate was suspended, revoked, or cancelled for: (i) operating under the

influence of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a

chemical test; (iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or

(v) operating so as to endanger, death resulting; the person shall be imprisoned for a minimum of

one year. Jurisdiction for violations of this section is given to the district court and the court shall

have full authority to impose any sentence authorized for violations of this section.

     (d) No fines, suspensions, treatment, or jail provided for under this section can be

suspended.

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     (e) When any law enforcement officer arrests a person for driving a motor vehicle while

the license of the person was suspended, revoked or cancelled for any of the reasons set forth in §

31-11-18.1(a)(1) or 31-11-18.1(a)(2), and the vehicle so driven is owned in whole or in part by

the person so arrested, the license plates of that vehicle shall be confiscated by the arresting

officer and shall be impounded for a period of not less than ninety (90) days; provided, however,

that if the charges hereunder are dropped or dismissed for any reason, the license plates shall

thereupon be returned to their owner, and in no event shall such impoundment continue beyond

the duration of any sentence imposed under this section; and, provided, further, that if a court

determines that such impoundment would cause undue hardship to dependents of the offender,

the court may order the division of motor vehicles to issue a temporary substitute license plate to

that vehicle under such terms and for such time as the court deems necessary to achieve

substantial justice.

     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 require that the license plates of a vehicle be confiscated by a law

enforcement officer if the owner was arrested for driving while their license was suspended,

revoked or cancelled for refusing to submit to a chemical test or for operating under the influence

of a narcotic drug or intoxicating liquor.

     This act would take effect upon passage.

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