Chapter 437

Chapter 437

2003 -- H 5291

Enacted 08/06/03







     Introduced By: Representatives Kilmartin, Moura, Corvese, Moran, and Cerra

     Date Introduced: January 29, 2003





It is enacted by the General Assembly as follows:


     SECTION 1. Section 8-18-4 of the General Laws in Chapter 8-18 entitled "State and

Municipal Court Compact" is hereby amended to read as follows:

     8-18-4. Adjudication of summonses by municipal courts. -- (a) All summonses to be

adjudicated by a municipal court shall be forwarded to the municipal court.

      (b) Summonses to be adjudicated by a municipal court shall be adjudicated by a judge of

the municipal court pursuant to section 31-41.1-6 and the rules established by the chief judge.

Municipal courts shall have jurisdiction over matters brought pursuant to section 31-41.1-7.

      (c) If a motorist fails to appear to answer a summons before a municipal court, the

municipal court may proceed pursuant to section 31-41.1-5 to enter a default judgment and

determine whether the charges have been established. Where a determination is made that a

charge has been established, an appropriate order shall be entered and the motorist's license and

registration privileges may be ordered by the municipal court to be suspended by the division of

motor vehicles as provided by law.

      (d) All summonses which have been adjudicated by the municipal court and entered into

the data electronic system shall be returned to the traffic tribunal for storage as required by

section 8-14-1.

      (e) All municipal courts shall be courts of record, shall tape record all sessions, maintain

dockets, and adjudicate all violations on the summonses and shall be responsible for data entry

into an electronic data processing system of all citations heard and decided by said municipal

courts pursuant to procedures and rules promulgated by the chief judge of the district court.

      (f) Municipal court judges may, in their discretion, order driver retraining courses in

appropriate cases.

      (g) [Deleted by P.L. 1999, ch. 218, art. 5, section 1.]

      (h) A twenty five dollar ($25.00) hearing fee shall be assessed by both municipal courts

and the traffic tribunal against each person pleading guilty to or found guilty of a traffic offense

or violation, as provided in the general laws. In no case shall any municipal court exercising

jurisdiction pursuant to this chapter impose or assess any fees or costs except as expressly

authorized by state law.

     (i) If a payment for any fine assessed in the municipal court for any violation is attempted

with a check written against insufficient funds, then an additional penalty not to exceed twenty-

five dollars ($25.00) may be added to the amount due.

     SECTION 2. Section 45-6.1-5 of the General Laws in Chapter 45-6.1 entitled "Non-

moving Traffic Violations" is hereby repealed.

     45-6.1-5. Additional penalty for attempted payment by check drawn against

insufficient funds. -- The ordinances referred to in section 45-6.1-1 provide that when the mail is

used for the payment of a fine, the fine may be paid in cash or by check or by money order, and

may provide an additional penalty not to exceed ten dollars ($10.00) for attempted payment with

a check written against insufficient funds.

     SECTION 3. This act shall take effect upon passage.