2023 -- H 5212
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LC000203
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- SUSPENSION OR REVOCA TION OF
LICENSES
Introduced By: Representatives Serpa, and Noret
Date Introduced: January 19, 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 1
"Suspension or Revocation of Licenses - Violations" is hereby amended to read as follows: 2
31-11-18.1. Driving after denial, revocation, or suspension for certain violations. 3
(a) Any person who drives a motor vehicle on any highway of this state who never applied 4
for a license or who drives after his or her application for a license has been refused, or after his or 5
her license has expired or who otherwise drives without a license or at a time when his or her license 6
to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic 7
drug or intoxicating liquor; (2) refusing to submit to a chemical test; (3) reckless driving; (3)(4) 8
manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in 9
death; or (4)(5) three (3) moving violations within a one-year period; shall be guilty of a 10
misdemeanor for the first and second offenses and shall be deemed guilty of a felony for the third 11
or subsequent offenses. 12
(b) The division of motor vehicles upon receiving a record of the conviction of any person 13
upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons 14
set forth in this section shall suspend the person's license or deny the person's application for any 15
length of time that it shall deem proper but in no case less than an additional three (3) months. Upon 16
receiving a record of conviction of a second violation of driving a motor vehicle while the license 17
of that person was suspended for reasons set forth in this section, the division of motor vehicles 18
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shall suspend the person's license or deny the person's application for any length of time that it shall 1
deem proper but in no case less than an additional six (6) months. Any subsequent conviction shall 2
result in license revocation. Upon receiving a record of the conviction of any person upon a charge 3
of driving after his or her application for a license had been refused, or after his or her license had 4
been revoked or cancelled for reasons set forth in this section, the division of motor vehicles shall 5
not issue a new license for an additional period of one year from and after the date the person would 6
otherwise have been entitled to apply for a new license. 7
(c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars 8
($500) shall be imposed, and if the person was driving after his or her application for a license had 9
been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled 10
for operating under the influence of a controlled substance or intoxicating liquor, or his or her 11
refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor 12
vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a 13
minimum of ten (10) days. 14
(2) A mandatory fine of five hundred dollars ($500) for a second conviction under this 15
section within a five (5) year period shall be imposed, and if the person was driving after his or her 16
application for a license had been refused, or at a time when his or her license to operate was 17
suspended, revoked, or cancelled for operating under the influence of a controlled substance or 18
intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter 19
from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person 20
shall be imprisoned for a minimum of six (6) months to one year. 21
(3) For any subsequent conviction within a five (5) year period, a fine of one thousand 22
dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be 23
required to participate in a public service program designated and approved by the court. If the 24
person was driving after his or her application for a license had been refused or at a time when his 25
or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence 26
of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; 27
(iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so 28
as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. 29
Jurisdiction for violations of this section is given to the district court and the court shall have full 30
authority to impose any sentence authorized for violations of this section. 31
(d) No fines, suspensions, treatment, or jail provided for under this section can be 32
suspended. 33
SECTION 2. Section 31-11-18.1 of the General Laws in Chapter 31-11 entitled 34
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"Suspension or Revocation of Licenses — Violations" is hereby amended to read as follows: 1
31-11-18.1. Driving after denial, revocation, or suspension for certain violations. 2
(a) Any person who drives a motor vehicle on any highway of this state who never applied 3
for a license or who drives after his or her application for a license has been refused, or after his or 4
her license has expired or who otherwise drives without a license or at a time when his or her license 5
to operate is suspended, revoked, or cancelled, for: (1) operating under the influence of a narcotic 6
drug or intoxicating liquor; (2) refusing to submit to a chemical test; reckless driving; (3) 7
manslaughter from the operation of a motor vehicle or operating so as to endanger resulting in 8
death; or (4) three (3) moving violations within a one-year period; shall be guilty of a misdemeanor 9
for the first and second offenses and shall be deemed guilty of a felony for the third or subsequent 10
offenses. 11
(b) The division of motor vehicles upon receiving a record of the conviction of any person 12
upon a charge of driving a motor vehicle while the license of the person was suspended, for reasons 13
set forth in this section shall suspend the person’s license or deny the person’s application for any 14
length of time that it shall deem proper but in no case less than an additional three (3) months. Upon 15
receiving a record of conviction of a second violation of driving a motor vehicle while the license 16
of that person was suspended for reasons set forth in this section, the division of motor vehicles 17
shall suspend the person’s license or deny the person’s application for any length of time that it 18
shall deem proper but in no case less than an additional six (6) months. Any subsequent conviction 19
shall result in license revocation. Upon receiving a record of the conviction of any person upon a 20
charge of driving after his or her application for a license had been refused, or after his or her license 21
had been revoked or cancelled for reasons set forth in this section, the division of motor vehicles 22
shall not issue a new license for an additional period of one year from and after the date the person 23
would otherwise have been entitled to apply for a new license. 24
(c)(1) Upon a first conviction under this section a mandatory fine of five hundred dollars 25
($500) shall be imposed, and if the person was driving after his or her application for a license had 26
been refused, or at a time when his or her license to operate was suspended, revoked, or cancelled 27
for operating under the influence of a controlled substance or intoxicating liquor, or his or her 28
refusal to submit to a chemical test, reckless driving, manslaughter from the operation of a motor 29
vehicle, or operation so as to endanger, death resulting, the person shall be imprisoned for a 30
minimum of ten (10) days. 31
(2) A mandatory fine of five hundred dollars ($500) for a second conviction under this 32
section within a five (5) year period shall be imposed, and if the person was driving after his or her 33
application for a license had been refused, or at a time when his or her license to operate was 34
LC000203 - Page 4 of 5
suspended, revoked, or cancelled for operating under the influence of a controlled substance or 1
intoxicating liquor or his or her refusal to submit to a chemical test, reckless driving, manslaughter 2
from the operation of a motor vehicle, or operation so as to endanger, death resulting, the person 3
shall be imprisoned for a minimum of six (6) months to one year. 4
(3) For any subsequent conviction within a five (5) year period, a fine of one thousand 5
dollars ($1,000) shall be imposed and the person may be imprisoned for up to one year or be 6
required to participate in a public service program designated and approved by the court. If the 7
person was driving after his or her application for a license had been refused or at a time when his 8
or her license to operate was suspended, revoked, or cancelled for: (i) operating under the influence 9
of a controlled substance or intoxicating liquor; (ii) his or her refusal to submit to a chemical test; 10
(iii) reckless driving; (iv) manslaughter from the operation of a motor vehicle; or (v) operating so 11
as to endanger, death resulting; the person shall be imprisoned for a minimum of one year. 12
Jurisdiction for violations of this section is given to the district court and the court shall have full 13
authority to impose any sentence authorized for violations of this section. 14
(d) No fines, suspensions, treatment, or jail provided for under this section can be 15
suspended. 16
(e) When any law enforcement officer arrests a person for driving a motor vehicle while 17
the license of the person was suspended, revoked or cancelled for any of the reasons set forth in 18
subsections (a)(1) or (a)(2) of this section, and the vehicle so driven is owned in whole or in part 19
by the person so arrested, the license plates of that vehicle shall be confiscated by the arresting 20
officer and shall be impounded for a period of not less than ninety (90) days; provided, however, 21
that if the charges hereunder are dropped or dismissed for any reason, the license plates shall 22
thereupon be returned to their owner, and in no event shall such impoundment continue beyond the 23
duration of any sentence imposed under this section; and provided further, that if a court determines 24
that such impoundment would cause undue hardship to dependents of the offender, the court may 25
order the division of motor vehicles to issue a temporary substitute license plate to the vehicle under 26
such terms and for such time as the court deems necessary to achieve substantial justice. 27
SECTION 3. This act shall take effect upon passage. 28
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO MOTOR AN D OTHER VEHICLES -- SUSPENSION OR REVOCA TION OF
LICENSES
***
This act would require that the license plates of a vehicle be confiscated by a law 1
enforcement officer if the owner was arrested for driving while their license was suspended, 2
revoked or cancelled for refusing to submit to a chemical test or for operating a motor vehicle under 3
the influence of a narcotic drug or intoxicating liquor and would allow temporary substitute plates 4
if the court determines such impoundment of license plates would cause undue hardship to 5
dependents of offender. 6
This act would take effect upon passage. 7
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