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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, one year, 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. Section 8-8.2-1 of the General Laws in Chapter 8-8.2 entitled "Traffic

Tribunal" is hereby amended to read as follows:

     8-8.2-1. Establishment -- Rule-making authority -- Adjudication of violations.

     (a) There is hereby established a traffic tribunal which shall be charged with the

administration and adjudication of traffic violations within its jurisdiction. The traffic tribunal shall

be under the supervision of the chief magistrate of the traffic tribunal, who shall be the

administrative head of the traffic tribunal and shall have the power to make rules for regulating

practice, procedure and business within the traffic tribunal. Pursuant to § 8-6-2, said rules shall be

subject to the approval of the supreme court. Such rules, when effective, shall supersede any

statutory regulation in conflict therewith. Any person who has been a member of the bar of Rhode

Island may be appointed chief magistrate of the traffic tribunal. The chief magistrate of the traffic

tribunal shall be appointed by the chief justice of the supreme court, with the advice and consent

of the senate, for a period of ten (10) years and until a successor is appointed and qualified. Nothing

contained herein shall be construed to prohibit the reappointment of the chief magistrate for one or

more ten (10) year terms subject to the advice and consent of the senate. Compensation for the chief

magistrate shall be equal to that of an associate judge of the district court.

     (b) The judges and magistrates of the traffic tribunal shall hear and determine cases as

provided by law. No district court judge appointed pursuant to chapter 8 of this title shall be

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assigned to perform duties of a judge or magistrate of the traffic tribunal under this chapter. The

chief magistrate of the traffic tribunal may assign a judge or magistrate who is authorized to hear

and decide cases in the traffic tribunal to serve as administrative judge or magistrate of the traffic

tribunal and the administrative judge or magistrate shall perform such administrative duties as may

be delegated to him or her by the chief magistrate. Once assigned to the position, the administrative

judge or magistrate shall hold said administrative position for the remainder of his or her respective

term as a judge or magistrate of the traffic tribunal.

     (c)(1) Those judges of the administrative adjudication court in active service on July 1,

1999 shall serve within the traffic tribunal. Whenever the total number of judges and magistrates

in the traffic tribunal exclusive of the chief magistrate shall be less than seven (7) eight (8), the

chief justice of the supreme court, with the advice and consent of the senate, may, as needed, assign

a duly qualified member of the bar of this state to act as a magistrate to fill such vacancy and shall

submit his or her name to the senate for confirmation. In the event of a vacancy in the position of

chief magistrate, the chief justice of the supreme court shall appoint a successor in accordance with

subsection 8-8.2-1(a). Any magistrate assigned under this section shall serve a term of ten (10)

years and until a successor is appointed and qualified, and shall be in the unclassified service of the

state. Nothing herein shall be construed to prohibit the assignment of a magistrate to more than one

such term, subject to the advice and consent of the senate. Compensation for any such magistrate

shall in no event be equal to or more than that of an associate judge of the district court. Magistrates

of the traffic tribunal shall participate in the state retirement system in the same manner as all

members of the unclassified service.

     (2) If any judge of the traffic tribunal shall retire, or a vacancy becomes available through

death, disability or any other reason, the position shall be filled by a magistrate consistent with the

provisions of this section.

     (d) Each judge and magistrate of the traffic tribunal shall devote full time to his or her

judicial duties, except as may be otherwise provided by law. He or she shall not practice law while

holding office, nor shall he or she be a partner or associate of any person in the practice of law.

     (e) Judges and magistrates of the traffic tribunal shall be subject to the provisions of R.I.

Const. Art. XI; to the code of judicial conduct or successor code promulgated by the supreme court

of this state, to the jurisdiction of the Commission on Judicial Tenure and Discipline in accordance

with chapter 16 of this title; and to the administrative authority and control of the chief justice of

the supreme court in accordance with chapter 15 of this title, except that §§ 8-15-3 and 8-15-3.1

shall not apply to judges of the traffic tribunal.

     (f) The traffic tribunal shall be a tribunal of record and shall have a seal with such words

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and devices as it shall adopt.

     (g) Judges and magistrates of the traffic tribunal shall have the power to administer oaths

and affirmations.

     (h) Administrative/supervisory officials.

     (1) There shall be an assistant to the administrative magistrate of the traffic tribunal who

shall be appointed by and serve at the pleasure of the chief magistrate and who shall perform such

clerical and administrative duties as may be assigned to him or her by the chief magistrate of the

traffic tribunal and the administrative judge or magistrate of the traffic tribunal. The assistant to the

administrative judge or magistrate shall have the power to administer oaths and affirmations within

the state.

     (2) There shall be a clerk of the traffic tribunal who shall be appointed by and serve at the

pleasure of the chief magistrate of the traffic tribunal; provided, however, that, effective July 1,

1999, the first clerk of the traffic tribunal shall be that person holding the position of

administrator/clerk of the administrative adjudication court as of May 1, 1998, and that person shall

hold office for the balance of a term of twelve (12) years which began on September 1, 1992,

without the necessity of appointment by the governor or advice and consent of the senate. The clerk

of the traffic tribunal shall exercise his or her functions under the direction and control of the chief

magistrate of the traffic tribunal and the administrative judge or magistrate of the traffic tribunal.

The clerk of the traffic tribunal shall have the power to administer oaths and affirmations within

the state.

     (i) Clerical Personnel/Court Recorders.

     (1) The chief magistrate of the traffic tribunal shall appoint deputy clerks and assistance

clerks for the traffic tribunal to serve at his or her pleasure. All such clerks may administer oaths

and affirmations within the state.

     (2) The chief magistrate of the traffic tribunal shall appoint sufficient court recorders to

enable all proceedings to be recorded by electronic means and who shall assist in such other clerical

duties as may be prescribed from time to time by the chief magistrate of the traffic tribunal.

     (3) The chief magistrate of the traffic tribunal shall employ such clerical assistants in

addition to deputy clerks as may be required in the traffic tribunal to perform clerical duties.

     SECTION 3. 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

***

     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 also

add an additional traffic tribunal magistrate.

     This act would take effect on January 1, 2023.

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