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ENTITLED THE RHODE ISLAND TRAFFIC SAFETY AND ACCOUNTABILITY ACT OF 1998

Introduced By: Senators Paiva Weed, Kelly, Oster, Gibbs, McDonald, et. al.

Date Introduced : June 2, 1998

It is enacted by the General Assembly as follows:

SECTION 1. Legislative intent. -- It is the intent of the general assembly to abolish the Administrative Adjudication Court by July 1, 1999.

(1) The general assembly recognizes that there are management and operational problems with the Administrative Adjudication Court.

(2) The problems with the Administrative Adjudication Court require immediate legislative action.

(3) The general assembly has complete confidence in the Chief Justice of the Rhode Island Supreme Court to administer the Administrative Adjudication Court through the interim provisions of this act.

(4) The Task Force to Study the Administrative Adjudication Court created pursuant to an order of the Chief Justice of the Supreme Court, with the assistance of the National Center for State Courts, shall continue to evaluate the management and operation of the administrative adjudication court during the interim administration of the chief justice.

(5) The Task Force to Study the Administrative Adjudication Court, prior to March 1, 1999, shall make recommendations to the general assembly as to the appropriate placement of and authority for the future administration of said court.

SECTION 2. Section 31-43-1.3 of the General Laws in Chapter 31-43 entitled "Administrative Adjudication Court" is hereby repealed.

{DEL 31-43-1.3. Agent for the registrar. -- DEL} {DEL(a) The administrator/clerk and the two (2) deputy administrator/clerks of the administrative adjudication court are hereby granted limited authority to act as the agent of the registrar of motor vehicles to the extent set forth in subsections (b) and (c) of this section. DEL}

{DEL (b) Such agent is hereby authorized to suspend, revoke, cancel, refuse, deny or otherwise withdraw the license of a person, the privilege to obtain a license or the privilege to operate in this state with a foreign license. Such authority includes powers under Title 31, Chapters 41 and 43; Title 31, Chapter 11; and the interstate motor vehicle compact entitled the NON-RESIDENT VIOLATORS' COMPACT entered pursuant to section 31-29-2. Authority is also granted to the agent to withdraw the registration(s) of any motor vehicle, the privilege to register a motor vehicle or the privilege to have a motor vehicle registered in the name of a violator operated in this state. DEL}

{DEL (c) Authority is also granted to remove said withdrawal upon the presentation of evidence of compliance. The agent shall require payment of a reinstatement fee, prior to removal of a withdrawal, in the amount(s) specified in section 31-11-10. Collections shall be deposited into the fund established pursuant to the provisions of section 9-29.1-1, and shall be used for the management of said court. DEL}

SECTION 3. Section 31-27-2 of the General Laws in Chapter 31-27 entitled "Motor Vehicle Offenses" is hereby amended to read as follows:

31-27-2. Driving under influence of liquor or drugs. -- (a) Whoever operates or otherwise drives any vehicle in the state while under the influence of any intoxicating liquor, drugs, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.

(b) (1) Any person charged under subsection (a) of this section whose blood alcohol concentration is one-tenth of one percent (.1%) or more by weight as shown by a chemical analysis of a blood, breath, or urine sample shall be guilty of violating subsection (a) of this section. This provision shall not preclude a conviction based on other admissible evidence. Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination thereof, to a degree which rendered such person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.

(2) Whoever operates or otherwise drives any vehicle in the state with a blood presence of any scheduled controlled substance as defined within chapter 28 of title 21, as shown by analysis of a blood or urine sample, shall be guilty of a misdemeanor and shall be punished as provided in subsection (d) of this section.

(c) In any criminal prosecution for a violation of subsection (a) of this section, evidence as to the amount of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or any combination thereof in the defendant's blood at the time alleged as shown by a chemical analysis of the defendant's breath, blood, or urine or other bodily substance shall be admissible and competent, provided that evidence is presented that the following conditions have been complied with:

(1) The defendant has consented to the taking of the test upon which the analysis is made. Evidence that the defendant had refused to submit to the test shall not be admissible unless the defendant elects to testify.

(2) A true copy of the report of the test result was mailed within seventy-two (72) hours of the taking of the test to the person submitting to a breath test.

(3) Any person submitting to a chemical test of blood, urine, or other body fluids shall have a true copy of the report of the test result mailed to him or her within thirty (30) days following the taking of the test.

(4) The test was performed according to methods and with equipment approved by the director of the department of health of the state of Rhode Island and by an authorized individual.

(5) Equipment used for the conduct of the tests by means of breath analysis had been tested for accuracy within thirty (30) days preceding the test by personnel qualified as hereinbefore provided, and breathalyzer operators shall be qualified and certified by the department of health within three hundred sixty-five (365) days of the test.

(6) The person arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, toluene, or any controlled substance as defined in chapter 28 of title 21, or, any combination thereof in violation of subsection (a) of this section was afforded the opportunity to have an additional chemical test and the officer arresting or so charging the person informed the person of this right and afforded him or her a reasonable opportunity to exercise the same, and a notation to this effect is made in the official records of the case in the police department. Refusal to permit an additional chemical test shall render incompetent and inadmissible in evidence the original report.

(d) (1) Every person convicted of a first violation shall be subject to a fine of not less than one hundred ($100) dollars nor more than three hundred dollars ($300) and shall be required to perform ten (10) to sixty (60) hours of public community service and/or shall be imprisoned for up to one year. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge. The person's driving license shall be suspended for a period of three (3) months to six (6) months. The sentencing judge shall require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and/or alcoholic or drug treatment for the individual.

(2) Every person convicted of a second violation within a five (5) year period regardless of whether the prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred dollars ($400). The person's driving license shall be suspended for a period of one year to two (2) years, and the individual shall be sentenced to not less than ten (10) days nor more than one year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.

(3) (i) Every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state, shall be subject to a mandatory fine of four hundred ($400) dollars. The person's driving license shall be suspended for a period of two (2) years to three (3) years, and the individual shall be sentenced to not less than six (6) months nor more than one year in jail. The sentence may be served in any unit of the adult correctional institution in the discretion of the sentencing judge; however, not less than forty-eight (48) hours of imprisonment shall be served consecutively. The sentencing judge shall require alcohol or drug treatment for the individual, and may prohibit such person from operating a motor vehicle that is not equipped with an ignition interlock system for a period of not more than two (2) years following the completion of the sentence as provided in section 31-27-2.8.

(ii) In addition to the foregoing penalties, every person convicted of a third or subsequent violation within a five (5) year period regardless of whether any prior violation and subsequent conviction was a violation and subsequent conviction under this statute or under the driving under the influence of liquor or drugs statute of any other state shall be subject, in the discretion of the sentencing judge, to having the vehicle owned and operated by the violator seized and sold by the state of Rhode Island, with all funds obtained thereby to be transferred to the general fund.

(4) For purposes of determining the period of license suspension, a prior violation shall constitute any charge brought and sustained under the provisions of this section or section 31-27-2.1, as amended.

(5) (i) Any person convicted of a violation under this section shall pay a highway assessment fine of five hundred dollars ($500). The assessment shall be imposed on July 1, 1982 and every year thereafter, and shall be deposited into the general fund. The assessment provided for by this subsection shall be collected from a violator before any other fines authorized by this section.

(ii) Any person convicted of a violation under this section shall be assessed a fee. The fee shall be as follows:

FISCAL YEAR	FISCAL YEAR	FISCAL YEAR
1993-1995	1996-1999	2000-2006
$147	$173	$86

(6) (i) If the person convicted of violating this section is under the age of eighteen (18) years, for the first violation he or she shall be required to perform ten (10) to sixty (60) hours of public community service, and the juvenile's driving license shall be suspended for a period of six (6) months, and may be suspended for a period up to eighteen (18) months. The sentencing judge shall also require attendance at a special course on driving while intoxicated or under the influence of a controlled substance and alcohol or drug education and/or treatment for the juvenile. The juvenile may also be required to pay a highway assessment fine of no more than five hundred dollars ($500), and the assessment imposed shall be deposited into the general fund. (ii) If the person convicted of violating this section is under the age of eighteen (18) years, for a second or subsequent violation regardless of whether any prior violation and subsequent conviction was a violation and subsequent under this statute or under the driving under the influence of liquor or drugs statute of any other state, he or she shall be subject to a mandatory suspension of his or her driving license until such time as he or she is twenty-one (21) years of age and may, in the discretion of the sentencing judge, also be sentenced to the Rhode Island training school for a period of not more than one year and/or a fine of not more than five hundred dollars ($500). (7) Any person convicted of a violation under this section may undergo a clinical assessment at a facility approved by the department of health. Should this clinical assessment determine problems of alcohol, drug abuse, or psychological problems associated with alcoholic or drug abuse, this person shall be referred to the T.A.S.C. (treatment alternatives to street crime) program for treatment placement, case management, and monitoring. (e) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred (100) cubic centimeters of blood. (f) (1) There is hereby established an alcohol and drug safety unit within the {DEL administrative adjudication court DEL} {ADD registry ADD} to administer an alcohol safety action program. The program shall provide for placement and follow-up for persons who are required to pay the highway safety assessment. The alcohol and drug safety action program will be administered in conjunction with alcohol and drug programs within the department of health. The alcohol and drug safety action program shall be implemented on January 1, 1983. (2) Persons convicted under the provisions of this chapter shall be required to attend a special course on driving while intoxicated or under the influence of a controlled substance, and/or participate in an alcohol or drug treatment program. The course shall take into consideration any language barrier which may exist as to any person ordered to attend, and shall provide for instruction reasonably calculated to communicate the purposes of the course in accordance with the requirements of the subsection; provided, however, that any costs reasonably incurred in connection with the provision of such accommodation shall be borne by the person being retrained. A copy of any violation under this section shall be forwarded by the court to the alcohol and drug safety unit. In the event that persons convicted under the provisions of this chapter fail to attend and complete the above course or treatment program, as ordered by the judge, then the person may be brought before the court, and after a hearing as to why the order of the court was not followed, may be sentenced to jail for a period not exceeding one year. (3) The alcohol and drug safety action program within the {DEL administrative adjudication court DEL} {ADD registry ADD} shall be funded by general revenue appropriations commencing on July 1, 1994. (g) The director of the health department of the state of Rhode Island is empowered to make and file with the secretary of state, regulations which prescribe the techniques and methods of chemical analysis of the person's body fluids or breath, and the qualifications and certification of individuals authorized to administer such testing and analysis.(h) Jurisdiction for violations of this section is hereby given to the district court for persons eighteen (18) years of age or older and to the family court for persons under the age of eighteen (18) years, and the courts shall have full authority to impose any sentence authorized and to order the suspension of any license for violations of this section. All trials in the district court and family court of violations of the section shall be scheduled within thirty (30) days of the arraignment date. No continuance or postponement shall be granted except for good cause shown. Such continuances as are necessary shall be granted for the shortest practicable time. (i) No fines, suspensions, assessments, alcohol or drug treatment programs, course on driving while intoxicated or under the influence of a controlled substance, public community service, or jail provided for under this section can be suspended. (j) An order to attend a special course on driving while intoxicated that shall be administered in cooperation with a college or university accredited by the state, shall include a provision to pay a reasonable tuition for the course in an amount not less than twenty-five dollars ($25.00), and a fee of one hundred seventy-five dollars ($175.00), which fee shall be deposited into the general fund. (k) For the purposes of this section, any test of a sample of blood, breath, or urine for the presence of alcohol, which relies in whole or in part upon the principle of infrared light absorption is considered a chemical test.

(l) If any provision of this section or the application thereof shall for any reason be judged invalid, such a judgment shall not affect, impair, or invalidate the remainder of the section, but shall be confined in this effect to the provision or application directly involved in the controversy giving rise to the judgment.

SECTION 4. Any general law or public law to the contrary notwithstanding, all employees of the administrative adjudication court assigned to that court's operator control section, and the alcohol and drug safety unit, deemed by the registrar of motor vehicles, with the approval of the chief justice of the supreme court, to be essential to the operation of the registry of motor vehicles in connection with its performance of functions previously performed by personnel of the administrative adjudication court pursuant to section 31-43-1.3 of the general laws are hereby transferred to the said registry of motor vehicles. The salaries, job classifications and job categories of all employees so transferred shall be the same as employees of the registry of motor vehicles as they had been as employees of the administrative adjudication court immediately before such transfer. The registrar of motor vehicles shall assign appropriate titles and duties to said employees. All books, papers, records, current appropriations and relevant property necessary for the functioning of the registry of motor vehicles shall be transferred thereto from the administrative adjudication court. The registry of motor vehicles and the administrative adjudication court shall share all data required by the registry of motor vehicles including, but not limited to, all electronic data regarding the functions of licensing of persons and vehicles. The cost of such data shall be shared on a pro rata basis.

SECTION 5. This article shall take effect on October 1, 1998.

SECTION 1. Notwithstanding the provisions of section 8-15-6 of the general laws or of any other general law or public law to the contrary, the chief justice of the supreme court shall have direct and plenary supervisory authority over the administration of the affairs of the administrative adjudication court; provided, however, that, subject to the authority and approval of the chief justice, the chief judge of the administration adjudication court shall have the power to establish calendars and to assign judges to those calendars; to appoint administrative and clerical personnel for that court; to act as authorized agent for that court; and to make rules for the conduct of its business, not inconsistent with the rules promulgated for the courts pursuant to section 8-6-2. The chief justice and/or his or her designee is authorized to utilize the services of present judicial officers and all other administrative officers of the administrative adjudication court as he and/or his designee may deem appropriate for the proper management of the court during the interim period established in this act. The chief justice and/or his or her designee is authorized to transfer employees of any other state court to the administrative adjudication court, on a temporary basis, for the sole purpose of fulfilling his or her obligations and responsibilities pursuant to the interim provisions of this act. The chief justice and/or his or her designee is also authorized to employ an administrative consultant and conduct an independent audit {ADD forensic or otherwise ADD} in order to aid the chief justice in fulfilling the provisions of this act. Provided, however, that the authority of the chief justice under this act is coterminous with the termination of said interim period. Without limitation upon any of the powers or authority conferred by this article, the chief justice is hereby specifically authorized (i) to establish, promulgate and implement overall plans, policies, objectives and priorities for the administrative adjudication court and (ii) to adopt, after consultation in open meeting with the Task Force to Study the Administrative Adjudication Court, such rules and regulations that he or she may deem appropriate and necessary to the effective management and operation of the administrative adjudication court. All personnel of the court, including judicial officers, shall carry out the directions of the chief justice and/or his designee as such directives may be issued from time to time by written or verbal instructions.

SECTION 2. Any general law or public law to the contrary notwithstanding, in the event that a judge of the administrative adjudication court shall die, retire, resign or become permanently incapacitated prior to July 1, 1999, no new judge shall be appointed; provided, however, that the chief justice of the supreme court shall be authorized, as needed, to appoint, with the advice and consent of the senate, 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. Any magistrate shall be appointed for a term of eight (8) years, subject to the advice and consent of the senate and shall be subject to reappointment at the conclusion of each term. Said magistrate shall be in the unclassified service of the State. Compensation for any such magistrate shall be determined by the unclassified pay plan board. Any magistrate appointed under this section shall:

(a) devote full time to his or her judicial duties; shall not practice law while holding office; and shall not be a partner or associate of any person in the practice of law;

(b) 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 title 8; and to the administrative authority and control of the chief justice of the supreme court in accordance with chapter 15 of title 8;

(c) shall have the power to administer oaths and affirmations; and

(d) shall perform such services as shall be assigned to him or her by the chief justice of the supreme court.

SECTION 3. The Administrative Adjudication Court is hereby abolished effective July 1, 1999.

SECTION 4. This article shall take effect upon passage, and is hereby repealed effective July 1, 1999.