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 | |
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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: | |
1 | SECTION 1. Chapter 31-27 of the General Laws entitled "Motor Vehicle Offenses" is |
2 | hereby amended by adding thereto the following section: |
3 | 31-27-24.1. Probationary licenses. |
4 | (a) Notwithstanding any other provisions of this chapter, any person who has had their |
5 | motor vehicle operator’s license suspended or revoked for violations of this chapter, or has been |
6 | declared a habitual offender of the motor vehicle laws, shall be entitled to apply to the district |
7 | court for a probationary license entitling them to drive for the enumerated purposes outlined in |
8 | this section. |
9 | (b) No person who has been convicted of offenses in §§ 31-27-1 through 31-27-2.7 shall |
10 | be eligible for probationary licenses authorized under this section. This prohibition shall not |
11 | affect the provisions afforded these offenders under § 31-27-2.8. |
12 | (c) Any person who applies for a probationary license under this section shall provide |
13 | proof that they have completed a defensive driving course as mandated by and made a condition |
14 | of any penalties imposed; have completed any alcohol or substance abuse classes as ordered, if |
15 | any, by the sentencing judge; have submitted a sworn affidavit that they do not excessively use |
16 | alcohol or illegally use controlled substances; and have provided proof of liability insurance for |
17 | any motor vehicle owned, used or intended to be used during the term of the probationary license. |
18 | (d) The district court (the "court") may issue a probationary license to those persons who |
19 | have had their operator’s license suspended or revoked only upon a finding that the suspension or |
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1 | revocation would cause an extreme hardship to the applicant. For purposes of this section, |
2 | extreme hardship means that the person would be prohibited from: |
3 | (1) Going to their place of employment, usual place of occupation or performing the |
4 | normal duties of their occupation; |
5 | (2) Receiving scheduled medical care or obtaining prescription drugs; |
6 | (3) Attending college, graduate school or any other school at which they are regularly |
7 | enrolled as a student; |
8 | (4) Attending regularly scheduled sessions or meetings of support groups, counseling |
9 | sessions, therapy sessions or other meetings with organizations that the court recognizes as |
10 | legitimate groups; or |
11 | (5) Attending under court order, any driver education classes. |
12 | (e) A probationary operator’s license shall be endorsed with such conditions and |
13 | restrictions as the court deems necessary to ensure that such license will be used only to avoid |
14 | conditions of extreme hardship. Such conditions and limitations may include the following: |
15 | (1) Specific places between which the licensee may be allowed to operate a motor |
16 | vehicle; |
17 | (2) Routes to be followed to work, school, medical care provider(s), counselor or any |
18 | other destination permitted by the court; |
19 | (3) Times of travel; |
20 | (4) The specific vehicles that the licensee may operate; or |
21 | (5) Such other restrictions as the court may require. |
22 | (f) A probationary license, if approved by the court, shall be issued for a period not to |
23 | exceed three (3) years. |
24 | (g) Any person who violates the conditions of their probationary license shall have the |
25 | probationary license suspended immediately. Upon suspension, the court shall schedule a hearing |
26 | to determine whether said probationary license shall be revoked for the period originally ordered |
27 | by the court. |
28 | (h) Any person who violates the conditions of their probationary license shall be guilty of |
29 | a misdemeanor and shall be sentenced for a period of up to one year imprisonment and/or a fine |
30 | of up to one thousand dollar ($1000). |
31 | (i) Application for a probationary license shall be made upon such forms as the court may |
32 | prescribe and shall be signed by the applicant before a person authorized to administer oaths. |
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1 | SECTION 2. This act shall take effect upon passage. |
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LC004313 | |
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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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1 | This act would permit the district court to issue probationary operator’s licenses to those |
2 | persons who have had their licenses suspended, under certain conditions and for reasons of |
3 | extreme hardship. Those persons convicted of alcoholic related offenses or those whose |
4 | violations involved injury or death to any other person would not be eligible for such |
5 | probationary licenses. |
6 | This act would take effect upon passage. |
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LC004313 | |
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