Chapter 337
2022 -- S 2503 SUBSTITUTE A AS AMENDED
Enacted 06/29/2022

A N   A C T
RELATING TO MOTOR AND OTHER VEHICLES -- SUSPENSION AND REVOCATION OF LICENSES--VIOLATIONS

Introduced By: Senators Archambault, F Lombardi, McCaffrey, Coyne, and Ruggerio

Date Introduced: March 01, 2022

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 Rulemaking 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
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) of this section. 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
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
assistant 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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