2020 -- H 7598

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LC004313

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- MOTOR VEHICLE OFFENSES

     

     Introduced By: Representatives Alzate, Ucci, Tobon, Williams, and Barros

     Date Introduced: February 13, 2020

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is

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hereby amended by adding thereto the following section:

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     31-27-24.1. Probationary licenses.

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     (a) Notwithstanding any other provisions of this chapter, any person who has had their

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motor vehicle operator’s license suspended or revoked for violations of this chapter, or has been

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declared a habitual offender of the motor vehicle laws, shall be entitled to apply to the district

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court for a probationary license entitling them to drive for the enumerated purposes outlined in

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this section.

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     (b) No person who has been convicted of offenses in §§ 31-27-1 through 31-27-2.7 shall

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be eligible for probationary licenses authorized under this section. This prohibition shall not

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affect the provisions afforded these offenders under § 31-27-2.8.

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     (c) Any person who applies for a probationary license under this section shall provide

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proof that they have completed a defensive driving course as mandated by and made a condition

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of any penalties imposed; have completed any alcohol or substance abuse classes as ordered, if

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any, by the sentencing judge; have submitted a sworn affidavit that they do not excessively use

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alcohol or illegally use controlled substances; and have provided proof of liability insurance for

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any motor vehicle owned, used or intended to be used during the term of the probationary license.

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     (d) The district court (the "court") may issue a probationary license to those persons who

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have had their operator’s license suspended or revoked only upon a finding that the suspension or

 

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revocation would cause an extreme hardship to the applicant. For purposes of this section,

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extreme hardship means that the person would be prohibited from:

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     (1) Going to their place of employment, usual place of occupation or performing the

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normal duties of their occupation;

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     (2) Receiving scheduled medical care or obtaining prescription drugs;

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     (3) Attending college, graduate school or any other school at which they are regularly

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enrolled as a student;

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     (4) Attending regularly scheduled sessions or meetings of support groups, counseling

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sessions, therapy sessions or other meetings with organizations that the court recognizes as

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legitimate groups; or

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     (5) Attending under court order, any driver education classes.

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     (e) A probationary operator’s license shall be endorsed with such conditions and

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restrictions as the court deems necessary to ensure that such license will be used only to avoid

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conditions of extreme hardship. Such conditions and limitations may include the following:

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     (1) Specific places between which the licensee may be allowed to operate a motor

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vehicle;

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     (2) Routes to be followed to work, school, medical care provider(s), counselor or any

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other destination permitted by the court;

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     (3) Times of travel;

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     (4) The specific vehicles that the licensee may operate; or

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     (5) Such other restrictions as the court may require.

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     (f) A probationary license, if approved by the court, shall be issued for a period not to

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exceed three (3) years.

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     (g) Any person who violates the conditions of their probationary license shall have the

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probationary license suspended immediately. Upon suspension, the court shall schedule a hearing

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to determine whether said probationary license shall be revoked for the period originally ordered

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by the court.

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     (h) Any person who violates the conditions of their probationary license shall be guilty of

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a misdemeanor and shall be sentenced for a period of up to one year imprisonment and/or a fine

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of up to one thousand dollar ($1000).

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     (i) Application for a probationary license shall be made upon such forms as the court may

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prescribe and shall be signed by the applicant before a person authorized to administer oaths.

 

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     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 -- MOTOR VEHICLE OFFENSES

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     This act would permit the district court to issue probationary operator’s licenses to those

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persons who have had their licenses suspended, under certain conditions and for reasons of

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extreme hardship. Those persons convicted of alcoholic related offenses or those whose

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violations involved injury or death to any other person would not be eligible for such

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probationary licenses.

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     This act would take effect upon passage.

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