2022 -- H 8247

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LC005941

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION AND REVOCATION

OF LICENSES --VIOLATIONS

     Introduced By: Representatives Solomon, Shanley, McEntee, Messier, and Felix

     Date Introduced: May 12, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-11-18 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. Driving after denial, suspension, or revocation of license.

      (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 reasons other than those provided for in

§ 31-11-18.1, may be guilty of a misdemeanor shall be subject to penalties and sanctions set forth

in this section.

      (b) Upon a first violation under this section, a civil penalty of not less than two hundred

fifty dollars ($250), nor more than five hundred dollars ($500), more than one hundred fifty dollars

($150) shall be imposed. For the second violation, a civil penalty of not less than three hundred

fifty dollars ($350), nor more than five hundred dollars ($500), may more than two hundred fifty

dollars ($250) shall be imposed. For a third violation, a civil penalty of not more than three hundred

fifty dollars ($350) shall be imposed. All violations under this subsection shall be heard in the

traffic tribunal.

      (c) Any person convicted of a third fourth or a subsequent violation of subsection (a) shall

be guilty of a misdemeanor and may, in the discretion of the sentencing judge, be imprisoned for a

term not exceeding ninety (90) days, fined not less than five hundred dollars ($500) nor more than

one thousand dollars ($1,000), or both. Additionally, the sentencing judge may suspend the person's

license for a period not to exceed ninety (90) days one year. All violations under this subsection

shall be heard in the district court.

      (d) Notwithstanding the any other provisions provision of subsection (a) this section, any

person driving after his or her license has expired shall be issued a summons to appear in district

court the traffic tribunal not fewer than ten (10) days after the issuance of the summons, and shall

not be taken into custody based solely on this charge absent a warrant. Any person who shall cause

his or her expired license to be reinstated by the division of motor vehicles within ten (10) days

after issuance of the summons may present proof of reinstatement at the headquarters of the

charging police department. Presentation of proof of reinstatement within ten (10) days after the

issuance of the summons shall cause the summons to be voided and shall otherwise constitute a

complete defense to the charge of driving after expiration of license and a bar to prosecution for

that charge. Any convictions under subsection (c) shall be expunged pursuant to the provisions of

chapter 1.3 of title 12. For the purposes of this subsection, each of the several state police barracks

shall be considered as a separate police headquarters.

     SECTION 2. This act shall take effect on January 1, 2023

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION AND REVOCATION

OF LICENSES --VIOLATIONS

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     This act would reduce the civil penalty for the first and second offenses for driving without

a license or driving with a suspended license, and would make a third violation a civil offense and

a fourth offense a misdemeanor punishable by a fine. It would also increase a license suspension

for a fourth or subsequent offense to up to a year. Jurisdiction for civil offenses would be in the

traffic tribunal and for criminal offenses jurisdiction would be in district court.

     This act would take effect on January 1, 2023.

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