2023 -- H 5578

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LC001549

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION OR REVOCATION OF

LICENSES

     Introduced By: Representatives Serpa, Edwards, and Cardillo

     Date Introduced: February 15, 2023

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled

"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows:

     31-11-18.1. Driving after denial, revocation, or suspension for certain violations.

     (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: (1) operating under the influence of a narcotic

drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4)

manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in

death; or (4)(5) three (3) moving violations within a one-year period; shall be guilty of a

misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third

or subsequent offenses.

     (b) The division of motor vehicles upon receiving a record of the conviction of any person

upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons

set forth in this section shall suspend the person's license or deny the person's application for any

length of time that it shall deem proper but in no case less than an additional three (3) months. Upon

receiving a record of conviction of a second violation of driving a motor vehicle while the license

of that person was suspended for reasons set forth in this section, the division of motor vehicles

shall suspend the person's license or deny the person's application for any length of time that it shall

deem proper but in no case less than an additional six (6) months. Any subsequent conviction shall

result in license revocation. Upon receiving a record of the conviction of any person upon a charge

of driving after his or her application for a license had been refused, or after his or her license had

been revoked or cancelled for reasons set forth in this section, the division of motor vehicles shall

not issue a new license for an additional period of one year from and after the date the person would

otherwise have been entitled to apply for a new license.

     (c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars

($500) shall be imposed, and if the person was driving after his or her application for a license had

been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled

for operating under the influence of a controlled substance or intoxicating liquor, or his or her

refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor

vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a

minimum of ten (10) days.

     (2) A mandatory fine of five hundred dollars ($500) for a second conviction under this

section within a five (5) year period shall be imposed, and if the person was driving after his or her

application for a license had been refused, or at a time when his or her license to operate was

suspended, revoked, or cancelled for operating under the influence of a controlled substance or

intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter

from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person

shall be imprisoned for a minimum of six (6) months to one year.

     (3) For any subsequent conviction within a five (5) year period, a fine of one thousand

dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be

required to participate in a public service program designated and approved by the court. If the

person was driving after his or her application for a license had been refused or at a time when his

or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence

of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test;

(iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so

as to endanger, death resulting; the person shall be imprisoned for a minimum of one year.

Jurisdiction for violations of this section is given to the district court and the court shall have full

authority to impose any sentence authorized for violations of this section.

     (d) Upon a conviction for driving a motor vehicle while the license of the person was

suspended, revoked or cancelled for any of the charges set forth in subsection (a) of this section,

the judge may order the confiscation of the license plate.

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     (e) If the court finds that the surrender of the license plate would cause undue hardship to

the dependents of the offender, a judge may order the plate not be impounded.

     (f) Any conviction of a subsequent offense of this section shall result in the mandatory

impoundment of the license plate by the court.

     (d)(g) No fines, suspensions, treatment, or jail provided for under this section can be

suspended.

     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 -- SUSPENSION OR REVOCATION OF

LICENSES

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     This act would allow a judge to order the impoundment of the license plates of an individual

convicted of the offenses listed in this section. Upon a finding by the court of an undue hardship to

the dependents of the offender the court may order the plates not be impounded. A subsequent

conviction shall result in a mandatory impoundment of the plate.

     This act would take effect upon passage.

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