2014 – H 8032 SUBSTITUTE A
A N A C T
Introduced By: Representatives Ajello, Slater, Carnevale, and Cimini
Date Introduced: April 09, 2014
It is enacted by the General Assembly as follows:
SECTION 1. Section 31-41.2-4 of the General Laws in Chapter 31-41.2 entitled "Automated Traffic Violation Monitoring Systems" is hereby amended to read as follows:
31-41.2-4. Procedure -- Notice. -- (a) Except as
expressly provided in this chapter, all prosecutions based on evidence produced
by an automated, traffic-violation-
detection system shall follow the procedures established in chapter 41.1 of
this title, chapter
8-18 of title 8 these general
laws, except the provision providing for payments to the state in sections §§8-18-4
and 8-18-6, and the rules promulgated by the chief magistrate of the traffic
tribunal for the hearing of civil traffic violations. A summons may be issued
by an officer solely based on evidence obtained by use of an automated, traffic-violation-detection system. All summons issued based on
evidence obtained from an automated,
traffic-violation-detection system shall be issued within fourteen
(14) days of the violation.
(b) Notwithstanding any rule, regulation, or other provision of the general or public laws to the contrary, no city or town shall be required to make payments to the state in implementing any provision of this chapter until July 1, 2013, nor after July 1, 2015.
(c) It shall be sufficient to commence
a prosecution based on evidence obtained from an automated, traffic-violation-detection system that a copy of the summons and
supporting documentation be mailed to the address of the registered owner kept
on file by the registry of motor vehicles pursuant to
of these general laws. For purposes of
this section, the date of issuance shall be the date of mailing.
(d) The officer issuing the summons shall certify under penalties of perjury that the evidence obtained from the automated, traffic-violation-detection system was sufficient to demonstrate a violation of the motor vehicle code. Such certification shall be sufficient in all prosecutions pursuant to this chapter to justify the entry of a default judgment upon sufficient proof of actual notice in all cases where the summons is not answered within the time period permitted.
(e) The summons shall
be contain all the information provided
for on the uniform summons as referred to in section
the general laws and the rules of procedure promulgated by the chief
magistrate of the traffic tribunal subject to the approval of the supreme court
pursuant to section §8-6-2.
(f) In addition to the summons, the following information shall be attached to the summons:
(1) Copies of two (2) or more photographs, or microphotographs, or other recorded images taken as proof of the violation; and
(2) A signed statement by a trained
law enforcement officer that, based on inspection of recorded images, the motor
vehicle was being operated in violation of
§31-13-4 of this subtitle; and
(3) A statement that recorded images are evidence of a violation of this chapter; and
(4) A statement that the person who receives a summons under this chapter may either pay the civil penalty in accordance with the provisions of section 31-41.1-3, or elect to stand trial for the alleged violation.
SECTION 2. This act shall take effect upon passage.