2020 -- S 2452

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LC004326

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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 -- ADJUDICATION OF TRAFFIC

OFFENSES

     Introduced By: Senator Frank S. Lombardi

     Date Introduced: February 13, 2020

     Referred To: Senate Judiciary

     (Judiciary)

It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-41.1-6 of the General Laws in Chapter 31-41.1 entitled

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

     31-41.1-6. Hearings.

     (a) Every hearing for the adjudication of a traffic violation, as provided by this chapter,

shall be held before a judge or magistrate of the traffic tribunal or a judge of the municipal court,

where provided by law. The burden of proof shall be upon the state, city, or town and no charge

may be established except by clear and convincing evidence. A verbatim recording shall be made

of all proceedings. The chief magistrate of the traffic tribunal may prescribe, by rule or

regulation, the procedures for the conduct of the hearings and for pre-hearing discovery.

     (b) After due consideration of the evidence and arguments, the judge or magistrate shall

determine whether the charges have been established, and appropriate findings of fact shall be

made on the record. If the charges are not established, an order dismissing the charges shall be

entered. If a determination is made that a charge has been established or if an answer admitting

the charge has been received, an appropriate order shall be entered in the records of the traffic

tribunal.

     (c) An order entered after the receipt of an answer admitting the charge or where a

determination is made that the charge has been established shall be civil in nature, and shall be

treated as an adjudication that a violation has been committed. A judge or magistrate may include

in the order the imposition of any penalty authorized by any provisions of this title for the

violation, including, but not limited to, license suspension and/or in the case of a motorist under

the age of twenty (20), community service, except that no penalty for it shall include

imprisonment. A judge or magistrate may order the suspension or revocation of a license or of a

registration in the name of the defendant in accordance with any provisions of this title which

authorize the suspension or revocation of a license or of a registration, or may order the

suspension of the license and the registration of the defendant for the willful failure to pay a fine

previously imposed. In addition, after notice and opportunity to be heard, a judge or magistrate

may order the suspension of the registration of the vehicle with which the violation was

committed, if the defendant has willfully failed to pay a fine previously imposed.

     (d) A judge or magistrate may, as authorized by law, order a motorist to attend a

rehabilitative driving course operated under the jurisdiction of a college or university accredited

by the state of Rhode Island, or the trained personnel of the department of revenue. An order to

attend a course may also include a provision to pay reasonable tuition for the course to the

institution in an amount not to exceed twenty-five dollars ($25.00). The order shall contain

findings of fact. Failure to comply with an order of attendance may, after notice and hearing,

result in the suspension or revocation of a person's license or registration.

     (e) Unless a judge or magistrate shall determine determines that a substantial traffic

safety hazard would result from it, he or she shall, pursuant to the regulations of the traffic

tribunal, may delay for a period of not to exceed thirty (30) days the effective date of any

suspension or revocation of a driver's license or vehicle registration imposed pursuant to this

chapter. However, the regulations may provide for the immediate surrender of any item to be

suspended or revoked and the issuance of appropriate temporary documentation to be used during

the thirty (30) day period. Any order for immediate surrender of a driver's license or vehicle

registration shall contain a statement of reasons for it.

     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 -- ADJUDICATION OF TRAFFIC

OFFENSES

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     This act would remove the twenty five dollar ($25.00) limit on tuition for a motorist to

attend a driver education course, and would allow a judge or magistrate to delay the imposition of

a suspension or revocation of a driver's license or registration for a period up to thirty (30) days.

     This act would take effect upon passage.

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LC004326

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